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HomeMy WebLinkAboutP-160-81 I'� 1`Cf1 I CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON, ONTARIO LOB 1 JO TEL.(416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 28, 1981. REPORT NO. : P-160-81 SUBJECT: Group Homes. 1. Draft amendments to the Town's Restricted Area Zoning By-laws. 2. Draft By-law to require the re- gistration of Group Homes under Section 386 a of the Municipal Act. 3. Rezoning application Z-A-2-4-9 by Mr. Sam Gust. RECOMMENDATIONS: It is respectfully recommended that:- 1) This report be received; and 2) That the draft zoning By-law amendments attached to this report be forwarded to Council for approval; and 3) That the draft By-law to register Group Homes under section 386a of the Municipal Act be forwarded to i Council for approval; and 4) That Mr. Sam Gust be advised that his application I for rezoning has been considered in conjunction with staff's review of Group Homes and has been dealt with through incorporation within the draft by-law amend- ments referred to by recommendation 2 above; and �a 10) - 2 - 5) That the Regional Municipality of Durham Social Service Dept. and the Local Social Planning Council be advised of the Town's actions. BACKGROUND: Earlier staff reports (see copies of reports P-36-80 and P-90-81 attached hereto) outlined the position of both the Province and the Region of Durham related to the acceptance of Group Homes. Staff have previously recommended that the Town support the Provincial and Regional committment to accomodate Group Homes and that Council consider passing amendments to the local zoning By-laws to implement the Group Home concept. Council has been understandably concerned over possible social and economic impacts related to Group Homes, and it has been very difficult to provide definitive answers to the many questions that can arise. The June 8th. discussion with representatives from the Local Social Planning Council and Region of Durham Social Services Staff served to point out that a Municipality can experience problems with some types of Group Homes in go me situations, particularly where over concentration of Group Homes undermines the provincial objective to "normalize" and overburdens local education and other services. Problems related to management of Group Homes were also discussed at the June 8th, meeting and it was recognized that once zoning By-laws are amended and Group Homes are permitted to establish, a Municipality has little control over the management and operation of the Home. Section 386a of the Municipal Act provides the Municipality with the legislative authority to register Group Homes and prohibit the 3 - operation of any home that is not registered, but it does not offer the Municipality licensing or regulatory authority related to the establish- ment of standards for the management or operation of the home. COMMENTS: Directly related to staff's review of Group Homes was the receipt, on June 3, 1981, of an application for rezoning from Mr. S. Gust who operates a licensed Group Home on Queen Street in Bowmanville. Mr. Gust is seeking a rezoning to legalize the existing Group Home and to permit a limited expansion of his facilities. In accordance with the department's procedures the subject application was circulated to various agencies and departments for comments. As a result of our circulation only one concern was identified; that being in respect of servicing and the present problems with the Queen Street sewers. However, upon further review of the proposed expansion it was determined, by the Durham Regional Works Dept. , that no further problems would be encountered inasmuch as no new service connections were being contemplated. Staff have reviewed Mr. Gust's application and our earlier recommendations in respect of Group Homes, bearing in mind the June 8th. discussions with Regional Social Services Staff and the local Social Planning Council and more recent discussions with Provincial Staff. We have also contacted other municipalities, both within and outside of the Region of Durham, in order to obtain additional insight into the various approaches utilized to both recognize the need for the type of special care afforded by Group Homes and at the same time protect the interests of other residents. As a result of our review we now feel it would be appropriate for the Municipality to amend its existing Restricted Area I - 4 - (zoning) By-law to: 1. Incorporate the provincial definition of Group Homes, and include within that definition a stipulation that no Group Home be permitted to locate within 300 metres of another Group Home; and that only one Group Home housing Elementary or Junior High School aged children be permitted to establish within the area served by any Elementary or Junior High School; and 2. To recognize all existing Group Homes, including Mr. Gust's, as permitted uses inso far as they conform to the definition of Group Home. Staff note, in the case of the latter objective, that while the provincial definition of Group Homes limits Homes to a maximum of 10 residents, exclusive of the receiving family, Mr. Gust's Group Home is presently licensed for 12 residents, and would become legally non-con- forming in that one respect. That attached by-law-amendments are intended to meet these objectives. Future applications to recognize new Group Homes would then be considered by site specific amendment to the zoning By-law and each application reviewed on its own merits in accordance with the afore mentioned definition. Planning staff are also sugesting that the Town consider passing a By-law pursuant to Section 386a �Of the Municipal Act to require the registration of Group Homes. Accordingly we have also prepared a draft By-law, attached hereto, which would require that all Group Homes be registered and that such registered Group Homes operate in accordance with licensing and/or the funding provisions as set out by the administering - 5 - provincial agency. It is felt that if the afore mentioned By-laws are approved both the provincial request to recognize Group Homes and the Town's concerns in respect of their control would be addressed. Respectfully Submitted, D. N. Smith, M.C.I.P. FA/TE:cc Director of Planning. September 16, 1981 CV zn � , CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 3, 1980 REPORT NO: P-36-80 i SUBJECT: Provincial Secretary for Social Development Regarding Group Homes Correspondence of December 21, 1979. Proposed Durham Regional Official. Plan Amendment 80-1/1) - Regarding Concentration of Group Homes Files: 80-1/D and Planning 11.1.5 I BACKGROUND: The above mentioned correspondence was received by Town Council on January 14, 1980 and referred to the Planning and Development Department for a report to Committee. The above-mentioned proposed Regional Official Plan Amendment was received by the Planning and Development Department on February 5, 1980 and includes a request that the Town comment on the proposed amendment. �I COMMENTS: The basis of the Region's amendment is a request from the Provincial Secretary for Social Development that municipalities include within their official plans a statement which would (i) provide a definition for Group Homes; (ii) establish Group Homes as a permitted use in all residential designations; (iii) prevent undue concentrations of Group Homes in specific areas by requiring reasonable distance separation between facilities contained in the zoning by-law; and (iv) provide for the continuation of any existing Group Homes not meeting the requirements of the zoning by-law. 2/ 2 - Report No. P-36-80 These issues were considered by the Durham Regional Planning Department resulting in Commissioner's Report No. 80-7. Said report concluded that with the exception of item (iii) above, the concerns were adequately dealt with through the Durham Regional Official Plan and existing Provincial Statutes. In that regard, the proposed amendment 80-1/D would add the following to Section 8.1.2.1. "(c) It is the intention of this Plan to prevent undue concentrations of Group Homes within Residential Areas. The Council of the respective area municipality may incorporate standards requiring a minimum distance separation between these facilities in the respective restricted area (zoning) by-law." The philosophy behind Group Homes is to provide a "homelike" atmosphere and "family style" environment for various groups including orphans, the aged, mentally and physically handicapped, psychiatric cases and persons displaying delinquent behaviour. This approach to dealing with such groups is considered of great importance and benefit to the successful adjustment of these persons. The subject amendment while supplementing current Official Plan policies, affords individual municipalities an opportunity to prevent concentrations of Group Homes. Presumably, this is intended to ensure a relatively even distribution of group homes among area municipalities, while at the same time ensuring that the residential character of an area is not undermined by excessive concentrations of group homes. In that regard, we concur with Regional Planning staff's evaluation and have no objection to the proposed amendment. In order to implement the existing and proposed provisions of the Durham Regional Official Plan, in respect of Group Homes, it will be necessary to amend the Town's various restricted area (zoning) by-laws to include Group Homes as a permitted use within all residential i zones, this does not present any major problems, and to establish an appropriate standard for regulating the minimum distance separation between such uses. While it may appear difficult to establish a standard for separation, in the absence of a data base for defining what a "reasonable" standard would be, it is possible to determine a formula for separation using existing levels o service as a asis.A This assumes that present service Levels in Durham Region are adequate and would involve—the--app-lica.tion_of the Region ra e of 0.8 beds/1,000 persons to the ultimate population for various settlement areas. is establishes a maximum number of beds for a given area. This figure is then divided by the average facility size to determine a maximum number of group homes for that area, which are then evenly distributed throughout that area. . . . . . 3/ I 3 - Report No. P-36-80 The application of this formula to the Town's Urban- Areas, as shown in Table 1, results in an average separation of 1.5 kilometers (0.9 miles) between group homes located within urban settlement areas. In the case of hamlets, grou homes should be limited imum �f one facility per amlet acid pne4ihl�y rPahri�rn.t �rL� 1 7ora of less than 100 dwelling units. This would permit group homes to n amp on and Newtonville and to be established in Orono and ultimately Enniskillen, while encouraging them to locate within those areas caaable of providing a higher level of residentially related services. Staff suggest that prior to adopting suc s andards, that a draft amendment to affected zoning by-laws be drawn up and circulated to appropriate agencies for comment. RECOMMENDATION That the Planning and Development Committee recommend to Council the following: 1) That report P-36-80 be received; and that 2) Staff be authorized to prepare the necessary by-law amendments to be circulated to appropriate agencies for comment and report back to the Planning and Development Committee at the earliest possible opportunity; and that 3) The Region of Durham be advised that the Town of Newcastle has no objection to proposed Amendment i 80-1/D to the Durham Regional Official Plan; and that t 4) The Provincial Secretary for Social Development be advised that the Town of Newcastle supports the principle of Group Homes and shall incorporate appropriate provisions within the Town's existing zoning by-laws and the District Plan presently being prepared. Respectfully Submitted, t � D.N. Smith, M.C.I.P. Director of Planning TTE:lf February 20, 1980 I TABLE 1 EXAMPLE - BOWMANVILLE Ultimate Population. . . . . . . . . . . . . . . . . .42,500 persons Regional Average. . . . . . . . . . . . . . . . . . . . . 0.8 beds/1,000 persons Maximum No. Beds/Bowmanville. . . . . . . . . 34 beds Average Regional Facility Size. . . . . . . 5 beds Maximum No. Facilities/Bowmanville. . . 7 facilities Per Capita Ratio. . . . . . . . . . . . . . . . . . . . . 1 facility/6,000 persons Bowmanville Average Density. . . . . . . . . . 50 persons/gross hectare Average. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 facility/120 hectares (1,200,000 sq.m) Separation Between Facilities 2( area ) = 2( [-1,200,000 ) � 2(618) 1,236 metres 1,236 metres (4,055 ft.) = 1.2 km (0. 75 miles) Note: r radius of circle having an area equal to the service area for 1 facility. Separation 2r = distance between centres of service areas. Courtice - 1 facility/6,000 persons i 3.2 facilities (3) Avg. density - 37 persons/gross hectare i 1 facility/162 he ac res ", 00 sq. metres) Separation = 1,435 metres Newcastle Village - 1 facility/6,000 persons 1.6 facilities (2) Avg. density 27 persons/gross hectare 1 facility/222 hectares (2,220,000 sq. metres) separation = 1,680 metres Average Separation Urban Areas = 1,450 metres Rounded = 1,500 metres (1.5 kilometres) CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL, (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MAY 11, 1981. REPORT NO. : P-90-81 SUBJECT: Possible Amendments to the Restricted Area By-laws of' the Town of Newcastle to recognize Group Homes; Correspondence from the Durham Regional Board of Health in respect of the location and distribution of Group Homes and the financial and social implica- tions of Group Homes Our Files: 11.1.5 & 80-1/D RECOMMENDATIONS: It is respectfully recommended that: 1. This Report be received; and 2. The Planning and Development Committee of Council convene a meeting. with the Newcastle Social Planning Council to discuss possible amendments to the Restricted Area By-laws of the Town of Newcastle to recognize existing Group Homes and provide a procedure by which new group home proposals may be evaluated; and 3. The Deputy Clerk be requested to arrange for the joint meeting with the Social Planning Council. 2 - BACKGROUND: There has been considerable debate about the location of group homes in residential areas in municipalities in Ontario. Some time ago, the Province issued guidelines for the planning of group homes in municipalities in the Province. Municipalities have been requested to recognize group homes in residential areas through making them a permitted use in municipality's Restricted Area Zoning By-laws. Group homes are intended to provide a home-like, family- style environment for persons requiring special care or supervision A group home is defined by the Government as, "a single housekeeping unit in a residential dwelling in which three to ten residents live as a family under responsible supervision consistent with the require- ments of its residents . The home is licensed or approved under Provin- cial Statute in compliance with municipalities' By-laws." In order to implement the Planning Guidelines referred to above and the existing Official Plan policy of the Region of Durham, it would be appropriate for the Town to amend its various Restricted Area By-laws to recognize group homes within residential zones and potentially es- tablish an appropriate standard for regulating the minimum distance separation between such uses. In the early part of 1980, the Town of Newcastle was requested to coimnent on Official Plan Amendment 80-1(D) , which now approved, pro- vides for the establishment of separation criteria between group homes. The amendment, Number 47, to the Regional Official Plan is attached for information. In response to the Region's request for comments on the amendment, staff forwarded Report P-36-80 to the Planning and Development Committee (copy attached) for a recommendation to Council. The Planning 3 - and Development Committee accepted staff's recommendations and forwarded them to Council for consideration. Town Council referred the recommendation back to staff at the meeting of March 10, 1980: "to review and advise Council via the Planning and Development Committee of the financial and social impact which could result to this municipality." Since that time, staff have also been requested to report to the Planning and Development Committee on correspondence received from the Durham Regional Board of Health in respect of group homes (copy attached) . Due to other constraints on staff time, staff have not been in a position to report on this matter until this time. COMMENT: Further to staff report P-36-80, staff believe that the Town should amend its Zoning By-laws to recognize existing group homes in the municipality as permitted uses within residential areas and to provide for iocational criteria for the establishment of new group homes in the municipality. Staff have considered the financial and social impact of group homes and feel at this time that by recognizing existing group homes only, a process whereby new applications can be individually scrutinized, would be most appropriate for the Town. Staff have not attempted to perform a detailed financial analysis of the impact group homes has as this matter is felt to be essentially beyond the scope of the -local Planning Department and its responsibilities in implementing j the Regional Official Plan policy. The financial impact of group homes I - 4 -- would best- be addressed through Regional Social Services or the Ontario Secretariate for Social Development agencies responsible for health care policy. In respect of the social impacts of group homes, staff re- cognize that as a number of different social groups may reside in a group home, each different group having different needs, that there may be perceived social impacts as well as real impacts felt by the residents of both the existing residential neighbourhood and the group home. In this regard, staff feel that it is important to provide a system whereby the potential impact perceived or real,may be evaluated by Town Council. Staff believe that existing residents of residential areas should have the opportunity of reviewing group home proposals in their area and should have the opportunity of understanding those facilities particularly as they relate to their immediate neighbourhood. Staff have not, at this time, prepared specific amendments to the Town Zoning By-laws, rather staff recommend that prior to undertaking such work that further information and discussion take place with the i Newcastle Social Planning Council, who are familiar with group homes and are knowledgeable in the matters discussed above. Staff note that additional information in respect of group homes is available through the Planning and Development Department and that if members of Committee require specific information tliat staff can make that available. Respectfully submitted, f ,1 DNS:lb D. N. Smith, M.C.I.P. May 4, 1981 Director of Planning I