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HomeMy WebLinkAboutPD-16-82 i i i CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB 1J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 25, 1982. REPORT NO. : PD-16-82 SUBJECT: Objections to Rezoning By-law 81-152 A by-law intended to recognize group homes in the former Town of Bowmanville RECOMMENDATION: It is respectfully recommended that:- 1. This report be received; and 2. The following resolution be forwarded to Town Council for adoption and/or submission to the Ontario Municipal Board along with By-law 81-152: "Whereas the Council of the Corporation of the Town of Newcastle has approved By-law 81-152 as a result of their consideration of an application for such an amendment by an affected property owner, and in response to Provincial and Regional requests to recognize "group homes" within the Town's Restricted Area Zoning By-laws; And whereas the effect of By-law 81-152 will be to recognize only existing group homes as permitted uses; And whereas By-law 81-152 is considered to be in conformity with the Durham Regional Official Plan; Be it now therefore resolved that the Town of Newcastle hereby requests the Ontario Municipal Board to approve j By-law 81-152, notwithstanding the objections received and further requests the Ontario Municipal Board to convene any required public hearing in respect of By-law 81-152 at the earliest opportunity; and further hereby authorize Town staff and or the Town Solicitor to represent the Municipality at any such hearing that may be convened." t 50 Report No. : PD-16-82 . . ./2 BACKGROUND: The concept of community care in family-like settings and Provincial direction to Municipalities specifically related to "group homes" has been the subject of several earlier staff reports. Reports P-36-80, P-90-81 and P-160-81, copies of which are available in the Planning Department, outline the position of the Province and the Region and describe the evolution of group home controls in the Town of Newcastle. The position taken by the Town, through the adoption of By-laws 81-152, 81-153 and 81-154 is viewed by staff as a responsible one. By recognizing existin g group homes as permitted uses in the zoning by-laws and by incorporating a definition of group homes based on the suggested Provincial definition, the Town has made a significant step towards accomodating Provincial objectives and providing requirements which conform to the Durham Region Official Plan. In addition, by requiring that any new homes must apply for rezoning, public notice is ensured and residents and Council have the opportunity to address community concerns on a site by site basis. The definition of "Group Home" that has been incorporated in By-law 81-152 of the former Town of Bowmanville, as well as the other Zoning By-laws in the Town, is based on the Provincial definition of group homes. This definition has, however, been revised and, in effect, made more restrictive by including a minimum distance separation of 300 metres for all Group Homes as defined and by stipulating that only one group home housing elementary or junior high school aged children may be located within the area served by any public elementary or junior high school. COMMENT: Letters of Objection During the twenty-one (21) day circulation of By-law 81-152, the Town Clerk received 3 letters of objection to the By-law. Objections were received from the following residents. Copies of their letters are attached. Report No. : PD-16-82 . . ./3 1. Mr. and Mrs. Clarence R. Goodman 2. Mr. and Mrs. Donald MacArthur 3. Mr. and Mrs. Joseph A. Barton. All three letters of objection indicate general support for the By-law amendment insofar as they offer no objection to the operation of the existing homes. However, the concerns raised by all three objectors relate to the part of the definition that restricts the location of group homes housing elementary or junior high school aged children. The objectors are suggesting that this type of group home is not appropriate in residential areas. i There are many types of residential core programs that fall under the Provincial definition of Group Homes. According to Provincial, Regional and other experts in the field of community care who assisted the Town in developing the subject requirements, some types of Group Homes are characteristically trouble-free. Other types have, in the past, been associated with problems in some locations and have tended to give Group Homes a bad reputation. It is the possible establishment of homes for problem youths that has stimulated the objections to By-law 81-152. In our earlier discussions with Regional staff and representatives from the Newcastle Social Planning Council, the possibility of differentiating between types of Group Homes was discussed. The concensus of opinion was that although some types of Group Homes have in the past been associated with neighbourhood disruptions, singling out specific age groups or people with different backgrounds and disabilities would undermine the Provincial objectives and lead to discrimination. As such, our position has been to modify the suggested provincial definition by restricting the establishment of homes for elementary and junior high school aged children to one per school area. The revised definition would help to avoid the I I i i I Report No. : PD-16-82 . . ./4 historic problems that have occurred where concentrations of these types of homes have been permitted and, in keeping with Provincial objectives, it would not completely prohibit the establishment of this type of community care. Staff believe that By-law 81-152 is in conformity with the Region of Durham Official Plan and that it respects both Provincial objectives and the character of the Towns residential neighbourhoods. As such, staff are recommending that, notwithstanding the objections, By-law 81-152 be forwarded to the Ontario Municipal Board for approval. Letter of Support In addition to the letters of objection, the Town Clerk received a letter of support for the approval of By-law 81-152. The Town of Newcastle Social Planning Council has indicated that "the group home requirements as outlined in By-law 81-152, plus the provincial licencing requirements, will allow for a controlled development of care in the community with minimal disruption to the community". Staff feel that the support provided by the local Social Planning Council reflects favourably on the Town's approach and on Council's earlier efforts to solicit input from this, as well as other groups and agencies involved in the field of community care. Respectf�ul,l-y�_s.ub l tted, r! T. T. Edwards, M.C.I.P. Deputy Director of Planning FAmj c" January 13, 1982 I j �,1yPz •?���,,-y' r, •�.'/ i' ?,iL�^ � "r'? ,_..��! ,Yl'L(�.}'1l/l'tit(/�,' -�-y� 'rl f-)i -7 ',y1/-7 J7l-'}J 1717 7 wow To ". ro -9�vk,-#t?a`.hY�tlil$',r ..:e.:.�m t, .i ,, ..�.,.7a ,ByRyr,x tgx z-�'ts�� ,. , ;' ., . n.�,,t••A ; ent►<� � r,' 1 ,i�r rc,+s.x, i ' /"'�'r'✓�,%'— ���ei`J?'L-t.--.'y4,�"17�'i'�:/� ��� �L,�..J--- ��7� /�v v i O�AMWIlt"to"Oil 1.1-!l--.--i t1, 4i, k2 ac r7- -- - ------------ TT Z J LC tl IL nd L L I )lel ol ILI, , v� �c ccc ��/ <.c J Cc. -- c-a /I I ell X1 .�—/ LJ _���.� .ACC. / 1 ic�•�L —�� cl'��� --ILC`"�cC •1� _� / c4 / r')� . - )LCD • JLGCZ./�' �C]/--c.` ��,LL/'"cif /i.11���u L� �t ,l --c.�LJC .,�fC-�u �c IGCC G/•��. I)!.c" �( :t�r �i,��C� L 1� 71 \ ..rwC , /llC�l �Lt`-C ..--C'.c�1��CcC•�C,lc --`L C' , ��l<' �. '>lc:C.1/ - 1 1;?-2 1 27 --7i I -7 (7VT 2 o TOWN OF NEWCASTLE BOX 35, BOWMANVILLE SOCIAL PLANNING COUNCIL ONTARIO 623-661' lip j � i � t December 2, 1981. 1 TO WHOM IT MAY CONCERN: Re: By-Law 81-152. This letter will serve to notify you of the support of the Newcastle Social Planning Council of the application for approval of By-Law 81-152. The group home requirements as outlined in the By-Law, plus the provincial licensing requirements, will allow for a controlled development of care in the community with minimal disruption to the community. ?ev. John Peters, DISTRIBUTION Chairman Newcastle Social Planning Council. CLERK. �?'� ACK81(: .,.. ........ ORIGINAL TO: .......... JP:Ij COPIES TO: i I i I FILE..•...........•.•..