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HomeMy WebLinkAboutCSD-12-061 - Zone Change Application ZC 1203COKBB - RegulationsREPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: June 18, 2012 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Brian Bateman, Senior Planner (519-741-2869) WARD(S) INVOLVED: All Wards DATE OF REPORT: June 18, 2012 REPORT NO.: CSD-12-061 SUBJECT:CITY-INITIATED ZONE CHANGE ZC12/03/COK/BB MINIMIMUM DISTANCE SEPARATION REGULATION FOR GROUP HOMES AND DEFINITIONS RECOMMENDATION: 1. That Report CSD-12-061 be received for information; AND 2. That staff commence with the drafting of a proposed by-law that would amend Group Home regulations and definitions in accordance with a general agreement of understanding between the Dream Team, the Human Rights Legal Support Centre and the City of Kitchener; AND FURTHER; 3. That the Statutory Public Meeting to discuss the proposed amendments be set for September 24, 2012. BACKGROUND: On February 23, 2010, the Dream Team and the Human Rights Legal Support Centre launched human rights applications against the municipalities of Toronto, Kitchener, Sarnia, and Smiths Falls over zoning regulations (including minimum distance separation) pertaining to group homes. According to their website, The Dream Team is a group of psychiatric consumer/survivors who advocate for more supportive housing in Ontario for people with mental health issues. Their main argument is that zoning regulations that contain minimum separation distances for group homes are discriminatory because they restrict affordable housing by limiting available sites and thereby forcing housing providers to abandon otherwise ideal housing opportunities. In response, mediation was held in the summer of 2011 between the City, the Dream Team and the Human Rights Commission. A general agreement was struck in the form of a compromise solution that would see the City agree to initiate the process to amend sections of the City Zoning By-law to: remove the distance separation regulation for non-correctional group homes only; alter the definition to remove language that references protected groups; permit group homes in the R-1 and M- . As part of that agreement it was understood that any changes to the Zoning By- ç ó ï law 85-1 would involve public consultation and would require the approval of Council through a City-initiated zoning amendment. The purpose of this report is to seek direction from Council to proceed with a City-initiated zoning amendment in the spirit of the agreement that was reached and in the agreed upon time frame of no later than the fall 2012. REPORT: i) History and Context: The Encyclopedia of Mental Disorders states that the development of group homes occurred in response to the movement of the 1960s and 1970s. As psychiatric hospitals closed, discharged individuals needed places to live. Group homes were designed to provide care in the least restrictive environment and to integrate individuals with disabilities into the community, reducing stigma and improving quality of life. The environment of a group home was intended to simulate typical family life as much as possible. Group homes typically occupy single detached dwellings in residential settings. These homes provide a supportive living environment for children, youth and adults that have special needs due to physical or mental disabilities, mental health, emotional or behavioural issues that prevent independent living. The length of stay can be long-term or short-term. One of the goals of group home living is to increase the independence of residentsthroughteachingdaily living and self-care skills.Daily living skills include meal preparation, laundry, housecleaning, home maintenance, money management, and appropriate social interactions. Self-care skills include bathing or showering, dressing, toileting, eating, and taking prescribed medications. Most group homes are owned by private rather than governmental organizations, and can be either non-profit or for-profit organizations. In Ontario, group homes are regulated by the provincial ministries of: Community and Social Services; Children and Youth Services; and Justice. Group homes are considered more cost effective compared to institutional care. Unfortunately, according to Encyclopedia of Mental Disorders,the number of available group homes has not always matched need, resulting in homelessness or re-hospitalization for some individuals. According to the Ontario Human Rights Commission in its publication entitle housing in Ontario and one of the biggest barriers continues to be public controversy that often surrounds it.One way for municipalities to overcome these barriers is to make the connection between human rights and the bylaws, policies and procedures that govern housing. Section 34 of the Planning Act grants authority for municipalities to pass zoning by-laws to regulate such matters as land use (i.e. residential, commercial, industrial, etc.) and to set standards such as parking, setbacks, height etc.Section 35 (2) of the Planning Act prohibits the passing of zoning by-laws that distinguish between people who are related versus unrelated with respect to occupancy of a building. For example, a zoning by-law cannot stipulate whether a building can be occupied with a family or roommates. In shortpeople z Some municipalities use minimum distance separation regulations in zoning to manage overconcentration of certain types of housing within neighbourhoods and ensure that certain uses are dispersed across the city. While there is acknowledged merit in this approach,it can have a negative impact on the choice, cost and availability of affordable housing, particularly for group home siting, according to the publication by the Human Rights Commission. ç ó î The City of Kitchener currently has 56 municipally licensed group homes dispersed throughout residential neighbourhoods, subject to licensing provisions of the Municipal Code and minimum -law 85-1. ii) Land Use Policy Direction - Housing Land use policy direction for housing is mandated by the Province through the Provincial Policy Statement (PPS). The PPS was issued under Section 3 of the Planning Act and came into effect on March 1, 2005. It provides direction on matters of provincial interest related to land use -ledThe PPS directs that planning authorities shall permit and facilitate all forms of housing required to meet the social, health and well-being requirements of residents, including those with special needs. The Regions Official Plan (ROP) was adopted by Regional Council on June 16, 2009 and subsequently approved by the Minister of Municipal Affairs and Housing on December 22, 2010. It is currently under appeal to the Ontario Municipal Board. The Plan incorporates the broad policy and regulatory framework established by the Province of Ontario (e.g. the Provincial Policy Statement and the Growth Plan) with Regional and community interests. With respect to housing, Chapter 3 of the ROP, policy 3.A.10, states that special housing needs will be permitted within all residential designations as defined by the policies in Area official plans subject to size and locational criteria. Such criteria however cannot distinguish between users of property. sets out a number of policies and objectives related generally to housing and special needs. Specifically, Part 2, 1.1.1 says that the City favours a land use pattern which mixes and disperses a full range of housing types across the City. Moreover, policy 1.1.3 states that the City recognizes the existence of a need for lodging houses, residential care facilities, etcetera and supports the integration of these housing types at appropriate locations in all residential areas. iii) Proposed Zoning The City of Kitchener is the subject of an application before the Human Rights tribunal to -law 85-1 pertaining to group homes. Specifically, at issue is the distance separation regulation sentence (sentence 2 underlined) of section 5.17 below: LOCATION OF GROUP HOMES Notwithstanding anything else in this By-law, only one group home shall be permitted on a lot. No building or part thereof shall be used for a group home on a lot that is situated within 400 metres of another lot on which a group home is located, such minimum distance to be measured from the closest point of the lot lines associated with each lot. No building or part thereof shall be used for a group home on a lot that is situated within 100 metres of the municipal limit of the City of Kitchener, such minimum distance to be measured from the closest point of the lot line associated with such lot and the municipal limit. (By-law 92-58, S.4 ç ó í As part of the general agreement established between the City and the Dream Team through mediation, correctional type group homes would still be subject to the 400 metre distance separation. This action would maintain two primary intentions of the current regulation: to protect potentially vulnerable residents of regular group homes from potential predatory action by residents of correctional group homes; and to continue with some protection of keeping neighbourhoods strong and able to integrate correctional group homes by preventing a concentration of this housing type. By making adistinction between a non-correctional and correctional group home, Zoning By-law 85-1would also have to beamended to include a separate as the current definition (below) does not make that distinction. It has been further suggested that reference to protected groups (underlined below) within the current definition of "Group Home" means a residence licensed or funded under a federal or provincial statute for the accommodation of three to ten persons, exclusive of staff, living under supervision in a single housekeeping unit and who,by reason of their emotional, mental, social or physical condition or legal status,require a group living arrangement for their well being. (By-law 2005- 106, S.2) The Dream Team would also like to see group homes permitted in the R-1 and M-1 zones. Group homes are permitted as-of-right, subject to compliance with regulations, through all other residential zones in the Ci Other forms of low-rise residential use are permitted in the M-1 zone. In summary, the zoning by-law would be amended as follows: add a definition of correctional group home; replace section 5.17 with a similar minimum distance separation applying to correctional group homes only; permit group homes in the R-1 and M-1 zones; and amend the definition of group home to eliminate references to protected groups. iv) Public Participation in the Planning Process City- initiated Applications In order to implement the requested changes and comply with the Human Rights Code, the City would need to amend Zoning By-law 85-1. To do so requires a City-initiated zone change to be approved by Council. Council Policy I-1095 Public Participation in the Planning Process sets out the notification procedures for City-initiated andProponent-initiated applications. For City-initiated applications, the procedure is as follows: Circulation is not required for city initiated official plan and zoning by-law amendments if they are city wide; A notice will be placed in the newspaper at least 20 calendar days prior to the statutory same day the Agenda is posted; One week before the statutory public meeting date, meeting details will be posted on Facebook and Twitter; and ç ó ì City initiated official plan and zoning by-law amendments that are city wide are exempt from the signage requirements. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will align with the Kitchener Strategic Plan as it ensures the implementation of the community priority Development and is consistent with all guiding documents that implement the Strategic Plan. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are anticipated with this recommendation. COMMUNITY ENGAGEMENT: This report will be comments at an upcoming statutory public meeting. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Chief Administrative Officer ç ó ë