Item - 2013.PG21.1

The Planning and Growth Management Committee recommends that:

1.          the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended to add the following conditions to the outdoor patio use in CR Zones:

a.          an Outdoor Patio may not be located on the roof of the building on a lot which is subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2), if it is within 30.0 metres of a dwelling unit.

b.          an Outdoor Patio may not be located on the roof of the building on a lot in a CRE zone, if it is within 30.0 metres of a dwelling unit.

2.         the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended by including in the Definitions the following:

"Wellness Centre - means premises providing services for therapeutic and wellness purposes"

rather than the definition recommended in the report (January 22, 2013) from the Chief Planner and Executive Director, City Planning.

3.         the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended so as to:

a.         Impose a minimum 300 metres minimum separation distance of crematoriums from residential and other sensitive land uses to protect public health;

b.           Remove the requirement of siting crematoriums in cemeteries to allow for competitive expansion of the sector in the public interest; and

c.         Permit crematoriums in designated areas zoned for industrial use and adequately separated from residential zones.

4.         City Council revise the draft City-wide Zoning By-law in accordance with the changes outlined in the reports (January 22, 2013) and (February 26, 2013) from the Chief Planner and Executive Director, City Planning, in accordance with Recommendations 1, 2 and 3, and any changes in accordance with the Transition Protocol set out in the report dated June 4, 2012 from Chief Planner and Executive Director, City Planning.

5.         City Council enact the proposed City-wide Zoning By-law in the form dated November 8, 2012 and subject to the changes recommended in the reports (February 26, 2013) and (January 22, 2013) from the Chief Planner and Executive Director, City Planning, and Recommendations 1, 2 and 3.

6.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft City-wide Zoning By-law as may be required.

7.          City Council withhold approvals for new crematoriums until such safeguards have been established in the Zoning By-Law.

8.         City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Medical Officer of Health, the Director of the Toronto Environment Office, the Ministry of the Environment, the Ontario Association of Cemeteries' and Funeral Professionals, to review options for locations where, and conditions for, new crematoriums to be permitted in the City, including incentives for the relocation of existing crematoriums to designated "crematorium zones".

9.         City Council direct that all information contained in the Confidential Attachment 2 of the joint report (February 28, 2013) from the Chief Planner and Executive Director, City Planning and the City Solicitor remain confidential as it relates to litigation and contains advice subject to solicitor-client privilege.

The Planning and Growth Management Committee:

1.         requested the Chief Planner and Executive Director, City Planning to report directly to Council on establishing a cap on the number of dwelling rooms and requiring a rooming house licence for any address with multiple rooms in commercial/residentially zoned areas.

2.         referred the following Motion by Councillor Vaughan to the Chief Planner and Executive Director, City Planning for report directly to Council:

"That the draft City-wide Zoning By-law in the form dated November 8, 2012 be amended by:

1.         Inserting the following regulation 150.50.1(2) pertaining to part-time rental by religious organizations

(2)        Part-Time Place of Worship Use

Notwithstanding anything else in this by-law, any Premises used as a Place of Assembly, Entertainment Place of Assembly, Education Use, Religious Education Use, Community Centre, library, Recreation Use, school regulated under the Education Act, R.S.O. 1990, c.E.2, Post-Secondary School or Apartment Building may also be used as a place of worship provided the place of worship is not the full-time principal use of the premises and, in the case of an apartment building, is located only in amenity space on a part-time basis.

2.         Revising regulation 200.5.1.10(5) to add place of worship to tandem parking permissions

200.5.1.10(5) Tandem Parking Spaces

(5)        Tandem Parking Spaces

A required parking space may not be a tandem parking space, except when it is required for a secondary suite, group home, duplex building or a place of worship provided however that not more than 50% of the required parking spaces for a place of worship can be tandem parking spaces.

3.         Revising regulation 200.5.10.1 regarding "parking rates - general" by inserting new regulation 200.5.10.1 (11)

200.5.10 Parking Rates

200.5.10.1 General

(11)       Place of Worship Parking Rates

For the purpose of calculating parking space requirements for a place of worship, the worship area is the area occupied by permanent or fixed seating in the main area of a place of worship used for expression of worship through religious services, rites or ceremonies or if there is no seating or variable seating, 75% of the main area of a place of worship used for expression of worship through religious services, rites or ceremonies.

4.         Revising regulation 60.10.20.20 (1) (B) to include Place of Worship as a permitted use with conditions

60.10.20.20 Permitted Use - with Conditions

(1)        Use with Conditions - EL Zone

In the EL Zone:

(B)  the following uses are permitted under the letter "o" in the zone label if they comply with the specific conditions associated with the reference number(s) for each use in Clause 60.10.20.100:

Place of Worship (21, 22)

5.         Inserting regulations 60.10.20.100 (21) and 60.10.20.100 (22) pertaining to conditions

60.10.20.100 Conditions

(21)      Place of Worship - Interior Floor Area and Major Street

In the EL Zone, a place of worship:

(A)       may not have an interior floor area that exceeds 5,000 square metres; and

(B)       must be on a lot with a front lot line or side lot line abutting a major street as shown on the Policy Area Overlay Map.

(22) Place of Worship

In the EL Zone, a place of worship must comply with the specific use regulations in Section 150.50."

3.         requested the Chief Planner and Executive Director, City Planning to report to the Planning and Growth Management Committee on October 22, 2013 reviewing the provisions pertaining to Group Home and Residential Care Home found in the draft City-wide Zoning By-law in order to determine:

a.         Whether a separation distance for group homes is justified on the basis of proper planning principles and considering the Human Rights Code as it applies to persons with disabilities;

b.         Whether there are reasonable alternative approaches to the use of a separation distance between group homes; and

c.         Whether it is appropriate to establish a minimum number of occupants for the purposes of defining a group home.

4.         requested the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Municipal Licensing and Standards to report to the Planning and Growth Management Committee, on October 22, 2013:

a.         exploring a framework for introducing City-wide zoning regulations for dwelling room accommodation; and

b.         on a process for public consultation.

The Planning and Growth Management Committee held a statutory public meeting on March 6, 2013, and notice was given in accordance with the Planning Act.

The following gave a presentation to the Planning and Growth Management Committee:

- Director, Zoning Bylaw and Environmental Planning, City Planning Division

- Dr. Sandeep Agrawal, Planning Expert

The City Solicitor recommended to City Council that a planning expert be retained to conduct a review of the land use planning and human rights issues related to group homes including the requirement of a separation distance between them, for the purposes of providing advice to City Council.

The report of the planning expert recommends that the definition of group home be amended and that any requirement for a separation distance between group homes be removed as there no suitable justification supported by good land use planning principles.  This report recommends that the Chief Planner and Executive Director, City Planning prepare a report examining the regulations pertaining group homes including justification and appropriateness of a separation distance between group homes. Until such time, the City-wide Zoning By-law will continue to require a 250 metre separation distance.