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HomeMy WebLinkAboutCSD-12-124 - Zone Change Application - Group Home & ResidentialStaff Report Kl~rc,H~:r~'~:R Commcrnrry Services Department www.kitthenerta REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: September 24, 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: August 17, 2012 REPORT NO.: CSD-12-124 SUBJECT: CITY- INITIATED ZONE CHANGE ZC12/03/COK/BB GROUP HOMES RECOMMENDATION: 1. That City-initiated Zone Change ZC12/03/CoK/BB (City of Kitchener) to amend Sections 4, 5, 19 and 35 of Zoning By-law 85-1 pertaining to group homes/residential care facilities be approved in the form shown in the "Proposed By-law" dated August 17, 2012, attached to Report CSD-12-124 as Appendix B; BACKGROUND: At the June 18, 2012 Community and Infrastructure Services Committee meeting, staff presented Report CSD-12-061 (see Appendix C) advising of aCity-initiated zone change to amend sections of Zoning By-law 85-1 affecting the group home definition, the minimum distance separation (MDS) regulation and to permit group homes in the R-1 and M-1 zones. These proposed by-law amendments respond to an agreement reached between the City, the Dream Team and the Human Rights Commission as a result of a human rights challenge levied against the City that sections of its Zoning By-law were discriminatory. The purpose of this report is to present the proposed Zoning By-law encompassing the changes as agreed upon between the various parties involved in that meditation process. As part of the agreement it was understood that any changes to the City's Zoning By-law 85-1 would involve public consultation and would require the approval of Council through aCity-initiated zone change. REPORT: i) Existing Zoning The regulatory framework governing group homes/residential care facilities is found in several sections of the City's Zoning By-law. A group home and residential care facility are defined in Section 4 -Definitions. Section 5.17 of the General Provisions section establishes a 400 metre minimum distance separation from one group home to another. The use of a residential care facility (a group home is included in the definition of a residential care facility) is permitted in almost all residential, commercial residential zones and mixed use zones as well as some downtown and industrial zones, subject to regulations. 4-1 ii) Proposed Zoning The current zoning provisions at issue are the 400 metre minimum distance separation (MDS) regulation, that a group home is not a permitted use in the R-1 and M-1 zones, and that language referencing protected groups in the definition of a group home is considered discriminatory. As a result, it has been agreed to have two definitions of group homes that distinguishes a group home from a correctional group home and to remove the MDS requirement for a group home, and maintaining the MDS for a correctional group home. Group homes will also be added as a permitted use to the R-1 and M-1 zones. The "Proposed By- law" is attached to this report as Appendix B. An explanation of the proposed changes is summarized below: Section 4.2 -Definitions. Language deemed discriminatory has been removed from the group home and residential care facility definitions. In addition, the definition of a group home has been clarified to exclude a correctional group home and a new definition has been added that defines a correctional group home. 2. Section 5.17 -General Provisions. Group homes no longer have a 400 metre MDS regulation. Correctional group homes have been added and are required to meet the 400 metre MDS regulation. 3. Section 19 -General Industrial (M-1) zone. Residential care facilities have been included in the list of permitted uses and regulations have been added. 4. Section 35 -Residential One (R-1) zone. Residential care facilities have been included in the list of permitted uses and regulations have been added. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: These changes to the City's Zoning By-law implement the Efficient and Effective Government provisions of the Strategic Plan by revising Zoning By-law provisions that conflict with higher- order legislation. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are anticipated with this recommendation. COMMUNITY ENGAGEMENT: In accordance with Council Policy I-1095 (Public Participation in the Planning Process) for City- initiated applications, notice of the public meeting to be held by the Committee of Council dealing with Planning and Strategic Initiatives matters will be advertised in The Record on August 31, 2012 (see Appendix A). In addition, staff has sent a letter to group home operators, the Region of Waterloo, and the Province advising of the proposed by-law changes (see Appendix D). Three letters of support were received (see Appendix E). CONCLUSION: As a result of a human rights challenge and ensuing mediation, it has been agreed to make amendments to the City's By-law pertaining to group homes, subject to Council's approval. It is the opinion of staff that the amendments outlined in the attached by-law represent "good planning" for the City and therefore recommend approval. 4- 2 REVIEWED BY: • Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department Appendix A -Newspaper Notice Appendix B -Proposed By-law Appendix C -Report CSD-12-061 & Council Memorandum Appendix D -Notification Letters sent to Stakeholders, Region and the Province Appendix E -Letters Received in response to Notification Letter 4-3 Report No. CSD-12- { Appendix "~ « Appendix `A' ZC 12/03/CoKIBB Advertisement in The Record, August 31, 2012 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT City of Kitchener Revisions to Zoning By-law 85-1 The City of Kitchener is proposing revisions to Zoning By-law 85-1 relating to group homes. Specifically, the changes proposed include the following: • amend the definition of "group home"; • add a new definition of "correctional group home"; • revise the current regulation requiring a 400 metre minimum distance separation to apply only to correctional group homes; and • permit group homes in the R-1 and M-1 zones. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, SEPTEMBER 24 at 7:00 P.M. COUNCIL CHAMBERS, 2"d FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted proposals. If a person or public body that files a notice of appeal of a decision does not make Oral S41i5mi5S~Sn~ ~t"tltii~ 15uI~31iL Iifi~etint°~_i'ii' niaRe a'vvrtten submission prier t^v aj,prc'Y~3.refL"dal ~f #~e~e proposals, the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Wednesday evening prior to the meeting -click on the meeting date in the Calendar of Events), or in person at the Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Brian Bateman, Senior Planner - 519-741-2869 (TTY: 1-866-969-9994), brian.bateman@kitchener.ca 4-4 Report No. CSD-12- ~ ~,~ Appendix " ~" PROPOSED BY-LAW August 17, 2012 BY-LAW NUMBER OF THE. CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener RevisionslAdditions to General Provisions and Definitions Pertaining to Group Homes/Residential Care Facilities and adding Residential Care Facility as a Permitted Use with Regulations in the M-1 and R-1 Zones) WHEREAS it is deemed expedient to amend By-law 85-1, as amended; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Section 4.2 of By-law $5-1, the definition for "Group Home" and "Residential Care Facility" are hereby amended by deleting the following warding "by reason of their emotional, mental, social or physical condition or legal status". 2. Section 4.2 of by-law 85-1 is hereby amended by adding the following wording to the end of the last sentence of the definition for "Group Home, "and shall not include a correctional group home". 3. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: "Correctional Group Home" means a residence licensed or funded under a federal or provincial statute for accommodation of three to ten persons, exclusive of staff, supervised by staff on a daily basis for persons who have been placed on probation, released on parole or admitted for correctional purposes. 4-5 2 4. Section 5.17 of By-law 85-1 is hereby amended by deleting the words "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" and replace with the following wording, "No building or part thereof shall be used for a correctional group home on a lot situated within 400 metres of another lot which either a group home or correctional group home is located". 5. Section 19.1 of By-law 85-1 is hereby amended by adding "residential care facility" as a permitted use. 6. Section 19 of By-law 85-1 is hereby amended by adding section 19.4 "For Residential Care Facility, maximum size - 8 residents; other regulations - in accordance with the regulations of the dwelling type in which such facility is located; off-street parking - in accordance with Section 6.1 of this By-law". 7. Section 35.1 of By-law 85-1 is hereby amended by adding "residential care facility" as a permitted use. 8. Section 35 of By-law 85-1 is hereby amended by adding section 35.3 "For Residential Care Facility, maximum size - 8 residents; other regulations - in accordance with the regulations of the dwelling type in which such facility is located; off-street parking - in accordance with Section 6.1 of this By-law". PASSED at the Council Chambers in the City of Kitchener this day of 2012. Mayor Clerk 4-6 Date: June 26, 2012 To: B. Bateman, Senior Planner From: C. Goodeve, Supervisor, Legislated Services cc: A. Pinard, D. Ross Subject: Proposed Zone Change Application ZC 12103/COK/BB -City-Initiated Changes to Minimum Distance Separation Regulations for Group Homes and Definitions This is to advise that City Council at its regular meeting held on Monday, June 25, 2012 passed the following resolution: "That Community Services Department report CSD-12-061, regarding aCity- initiated Zone Change with respect to the minimum distance separation regulations and definitions for Group Homes, be received for information; and, That staff be directed to commence drafting a proposed by-law to amend Group Home regulations and definitions in accordance with a general agreement of understanding between the Dream Team, the Hurnan Rights Legal Support Centre and the City of Kitchener; and further, That the Statutory Public Meeting to discuss the proposed Zoning By-law amendments for Group Homes be scheduled for September 24, 2012." C. Goodeve 4-7 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's Zoning By-law to: remove the distance separation regulation for non-correctional group homes only; alter the definition of "Group Home" to remove language that references protected groups; permit group homes in the R-1 and M-1 zones and add a definition of "Correctional Group Home". As part of that agreement it was understood that any changes to the City's Zoning By- 4-8 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 aCity-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 Enc,rLclopedia of Mental Disorders states that the development of group homes occurred in response to the "deinstitutionalization" 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 residents through teaching daily 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 entitled, "In the Zone: Housing, human rights and municipal planning", there is an acknowledged need for affordable 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 short, you cannot `people zone'. 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. 4-9 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 distance separation requirements of the City's Zoning By-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 planning and development, and promotes the provincial "policy-led" planning system. The 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 Region's 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. The City's Official Plan 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 remove portions of Kitchener's Zoning By-law 85-1 pertaining to group homes. Specifically, at issue is the distance separation regulation sentence (sentence 2 underlined) of section 5.17 below: 4-10 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 a distinction between anon-correctional and correctional group home, Zoning By-law 85-1 would also have to be amended to include a separate definition of a "Correctional Group Home" 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" be eliminated as it is considered discriminatory language. 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 aCity-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 and Proponent-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 public meeting and any associated reports will be posted on the City's website the same day the Agenda is posted; • One week before the statutory public meeting date, meeting details will be posted on Facebook and Twitter; and 4-11 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 City's Bylaw. Other forms of low-rise residential use are permitted in the M-1 zone. • 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 placed on the City's website. The public will have the opportunity to provide comments at an upcoming statutory public meeting. REVIEWED BY: • Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Chief Administrative Officer 4-12 i2eport No. CSD-12- t 1'f l~pper~dix "~" KITC~~R July 10, 2012 Dear Stakeholder: Re: City-Initiated Zone Change Application ZC12/03/COK/BB Minimum Distance Separation Regulation for Group Homes and Definitions Brian Bateman, MCIP, RPP Senior Planner CSD -Planning Division Kitchener City Hall, 6"' Floor 200 King Street West, P.O. Box 1118 Kitchener, Ontario N2G 4G7 PHONE: (519) 741-2869 FAX: (519) 741-2624 TDD\TTY: (519) 741-2385 brian.bateman@kitchener. ca I am writing to inform you that the City of Kitchener has initiated a zone change application to amend sections in the City's Zoning By-Law 85-1 pertaining to group homes. The effects of these changes will be city wide. In February 2010, The Dream Team and the Human Rights Legal Support Centre launched human rights applications against the City of Kitchener and several other municipalities over minimum distance separation zoning. relating to group homes. The proposed zone change arises from a general agreement of understanding that was reached between the City, the Dream Team and the Human Rights Commission during mediation held in the summer of 2011. The following changes to the zoning by-law are proposed: • Remove 400m distance separation regulation for non-correctional group homes = -iiviud°v a.d°viiri Livia fir "CVii°vetil'~ina Grvup Hom°v" • Amend the definition of "Group Home" to remove references to protected groups • Permit group homes in R-1 and M-1 zones The application will be considered by Council at their Planning and Strategic Initiatives Committee meeting on September 24, 2012, at 7:00 PM in the Council Chambers, Kitchener City Hall, and 200 King Street West, Kitchener. Before we prepare a staff report on the zone change application, we are providing an opportunity to all stakeholders to make comments. Please provide any comments you may have to us by August 3, 2012. Those responding in writing will be sent a copy of the staff report in advance of the meeting on September 24. If you have any questions or require further clarification regarding this application, please feel free to contact me at (519) 741-2869. Yours truly, Brian Bateman, MCIP, RPP Senior Planner cc. A. Pinard, Director of Planning & D. Ross, Manager of Development Review S. Ross, Assistant City Solicitor 4-13 July 10, 2012 Ministry of Municipal Affairs and Housing Exeter Road Complex, 659 Exeter Rd, 2nd Floor, London ON N6E 1 L3 Dear Mr. Ferguson: Re: City-Initiated Zone Change Application ZC12/03/COK/BB Minimum Distance Separation Regulation for Group Homes and Definitions Brian Bateman, MCIP, RPP Senior Planner. CSD -Planning Division Kitchener City Hall, 6'i' Fioor 200 King Street West, P.O. Box 1118 Kitchener, Ontario N2G 4G7 PHONE: (S 19) 741-2869 FAX: (519) 741-2624 TDD\TTY: (519) 741-2385 brian.bateman@kitchener.ca I am writing to inform you that the City of Kitchener has initiated a zone change application to amend sections in the City's Zoning By-Law 85-1 pertaining to group homes. The effects of these changes will be city wide. In February 2010, The Dream Team and the Human Rights Legal Support Centre launched human rights applications against the City of Kitchener and several other .municipalities over minimum distance separation zoning relating to group homes. The proposed zone change arises €:.~m ~ Y~:r..:.~1 nc,.:c~..,e.rr r€,;;;a~.r,,,.;?...~ 1;,,* •v.:;.~ ..,,^,r''ed he~~~._~. t!a€~: r~~~_ h., T3.~~;r '6'r,~.;; and the Human Rights Commission during mediation held in the summer of 2011. The following changes to the zoning by-law are proposed: • Remove 400m distance separation regulation for non-correctional group homes • Include a definition for "Correctional Group Home" • Amend the definition of "Group Home" to remove references to protected groups • Permit group homes in R-1 and M-1 zones The application will be considered by Council at their Planning and Strategic Initiatives Committee meeting on September 24, 2012, at 7:00 PM in the Council Chambers, Kitchener City Hall, and 200 King Street West, Kitchener. Before we prepare a staff report on the zone change application, we are providing an opportunity to all stakeholders to make comments. Please provide any comments you may have to us by August 3, 2012. Those responding in writing will be sent a copy of the staff report in advance of the meeting on September 24. If you have any questions or require further clarification regarding this application, please feel free to contact me at (519) 741-2869. 4-14 Yours truly, Brian Bateman, MCIP, RPP Senior Planner cc. A. Pinard, Director of Planning & D. Ross, Manager of Development Review S. Ross, Assistant City Solicitor 4-15 Report No. CS©-~ 2- t ~~ Appendix "~" n- ;,~° w Region of Waterloo " PLANNING, HOUSING AND COMMUNITY SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4J3 Canada Telephone:519-575-4533 TTY:519-575-4608 Fax:519-575-4449 www.regionofwaterloo.ca Craig Hockaday 575-4757 ext 3120 File: C14-60/2/12003 July 24, 2012 Brian Bateman Senior Planner City of Kitchener City Hall, P.O. Box 1118 200 King St. West Kitchener, ON N2G 4G7 Dear Mr. Bateman, Re: Zone Change Application ZC12/003/COK/BB City Initiated Minimum Distance Separation Regulations for Group Homes and Definitions CITY OF KITCHENER The purpose of this application is to amend regulations within the City of Kitchener Zoning By- law pertaining to group homes on a City wide basis. In February 2010, The Dream Team and the Human Kights Legaf Support Lentre launched human rights applications against the City of Kitchener and several other municipalities over minimum distance separation zoning relating to group homes. The proposed zone change arises from a general agreement of understanding that was reached between the City of Kitchener, the Dream Team and the Human Rights Commission during mediation held in the summer of 2011. - Specifically, the following changes to the City Zoning By-law are proposed: • Remove the 400 metre distance separation regulation for non-correctional group homes; • Include a definition for `Commercial Group Home'; • Amend the definition of `Group Home' to remove references to protected groups; and, • Permit group homes in R-1 and M-1 Zones. This proposed Zoning By-law Amendment conforms or does not conflict with the policies of the Regional Official Policies Plan (ROPP} and the Regional Official Plan (ROP). In summary, Regional Staff has no objection to approval of proposed Zoning By-law Amendment ZC12/003/COK/BB. 1210174 1 of 2 4-16 General Comments Please provide a copy of your staff report and draft By-law once they are available. Should you have any questions, please do not hesitate to contact the undersigned. Yours,~ruly, rr' ~ ; C a g Hockaday M.Sc.PI, , CIP, RPP Principal Planner 1210174 2 of 2 4-17 ~hri~ trian~~.~i~. ~\'j sc ink the person wi[6 cx cptio nat nccds July 27, 2012 City of Kitchener PO Box 1118 Kitchener, ON N2G 4G7 __ Al1G 0 ? ~ 2012 ~~~ti r1~r~pr4~j~ ~+I ~P;~~i': t3~i ~dI`o-~~ ~C9~7. pt~~~~u~ ~i~i~~[~r~ Christian Horizons West District Office 4275 King St, E, Suite 101 Kitchener, ON N2P 2E9 Re: Changes in Municipal Bylaws for Group Homes regarding Limiting Distance between homes, Dear Councilors: Our organization serves people with exceptional needs throughout Ontario and around the world. It is a great privilege to support more than 1,000 adults with developmental and physical disabilities in approximately 200 residential settings across the Province of Ontario. We welcome the action taken by the Human Rights Legal Support Centre and the Human Rights Tribunal to encourage municipalities to amend zoning bylaws to no longer restrict the location of Group Homes by enforcing a minimum distance. The removal of this restriction is another barrier removed, as we support the full inclusion of all people regardless of disability in our community. Some __.. _ we munlclpailtieshaVe alteady ~e=wri~en Their byawS-o no vnger enact such a ~estrltinn, fnr ~x~h,~b are thankful. Removal of this restriction in the City of Kitchener would allow our organization to find homes for people we serve in locations that are better suited to their needs. As future needs dictate, we would have increased flexibility for people to move into preferred locations, maximizing their life experience and satisfying their family needs. We look forward to working with the City Planning Department to provide beneficial solutions for the people we serve while at the same time meeting municipal planning needs. If you have any questions or would like to discuss further, please feel free to contact me at your convenience. Sincerely, ~u~ ~ Patty Vlaar-Philbrick District Executive Director 2S Sportsworld Crossing Road, Kitchener, ON N2P OA5 • Phone (519) 650-0966 • Fax {519) 650-8984 • www.christian-horizons.or~ - 18 2749 Kingsway Drive Kitchener, Ontario N2C 7A7 TEI: (519) 893-6200 FAX: (519) 893-9034 www.sun6eamcentre.com July 12, 2012 Brian Bateman Senior Planner. CDS -manning Division City of Kitchener 200 King St., W., 6th Floor PO Box 1118 Kitchener, ON N2G 4G7 Dear Mr. Bateman: RE• City Initiated Zone Change Application ZC12/03/COK/BB Thank you for your letter of July 10 regarding Kitchener's Zoning By Law 85-1. As the operator of eleven group homes for individuals with developmental disabilities, within the city, we whole heartedly applaud Kitchener for initiating the proposed changes, and completely support the initiative. We look forward to reviewing the staff report when it is forwarded to us. M. Shaune Lawton, Ph.D., C. Psych. Executive Director cc: A. Pinard, Director of Planning D. Ross, Manager of Development Review S. Ross, Assistant City Solicitor MSL/s Providing services and supports to persons with diverse developmental challenges, to their families and to our community. i ~.~-~ E~tp?€`~i f3~~ ~iE:ii~?~~ik'6,B~.a~ sCrgdiv~'-.4 ~^r4~:`s,~yE~a ~.,.~€1F€~~ ~lr€;..~ a~.F±,`;_3C3s`t ~~-~~~~t,,. ,. vo~,,., .~ 4 - 19