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.

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Scarborough By-law 25225 which increases the separation distance between group homes from 300 metres to 800 metres be repealed.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:

ABe 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:

ABE 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 AOntario 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.)