TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on February 2, 3 and 4, 1999
URBAN ENVIRONMENT AND DEVELOPMENT COMMITTEE
REPORT No. 1
1Scarborough 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 of Toronto
REPORT No. 1
OF THE URBAN ENVIRONMENT AND DEVELOPMENT COMMITTEE
(from its meeting on November 30, 1998,
submitted by Councillor Joe Pantalone, Chair)
As Considered by
The Council of the City of Toronto
on February 2, 3 and 4, 1999
1
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 February 2, 3 and 4, 1999, amended this Clause, by amending the action taken by the Urban
Environment and Development Committee to read as follows:
"The Urban Environment and Development Committee reports having requested the Commissioner of Urban Planning and
Development Services to review, as part of the Official Plan Review, the Group Home By-laws of all of the former area
municipalities with the objective of achieving conformity within the City of Toronto, and submit a report thereon to
Council, through the Urban Environment and Development Committee, within six months.")
(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.
Recommendation:
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 November 30, 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 800 metres 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
July 29, 30 and 31, 1998, struck out and referred Clause No. 15 of Report No. 7 of The Scarborough 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,
JOE PANTALONE
Chair
Toronto, November 30, 1998
(Report No. 1 of The Urban Environment and Development Committee was adopted, as amended, by City Council on
February 2, 3 and 4, 1999.)
