HomeMy WebLinkAboutP-160-81 I'� 1`Cf1
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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
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Council for approval; and
4) That Mr. Sam Gust be advised that his application
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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
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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
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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
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(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
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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
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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
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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
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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.
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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.
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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
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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/
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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
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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,
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D.N. Smith, M.C.I.P.
Director of Planning
TTE:lf
February 20, 1980
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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
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3.2 facilities (3)
Avg. density - 37 persons/gross hectare
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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.
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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
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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
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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
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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,
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DNS:lb D. N. Smith, M.C.I.P.
May 4, 1981 Director of Planning
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