Minutes Confirmed on February 27, 2014

Planning and Growth Management Committee

Meeting No.:
30
Contact:
Nancy Martins, Committee Administrator
Meeting Date:
Monday, January 13, 2014

Phone:
416-397-4579
Start Time:
9:45 AM
E-mail:
pgmc@toronto.ca
Location:
Committee Room 1, City Hall
Chair:
Councillor Peter Milczyn

PG30.1 - Zoning Changes for Medical Marihuana Production Facilities - Final Report

Decision Type:
ACTION
Status:
Deferred
Wards:
All

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Decision

The Planning and Growth Management Committee adjourned its public meeting for Zoning Changes for Medical Marihuana Production under the Planning Act until February 27, 2014 and requested the Chief Planner and Executive Director, City Planning to report at that time on a way to treat Medical Marihuana distribution facilities as a regular pharmacy.

Decision Advice and Other Information

The Planning and Growth Management Committee commenced a statutory public meeting on January 13, 2014, and notice was given in accordance with the Planning Act.

 

The following appeared before the Planning and Growth Management Committee on January 13, 2014:

 

Umar Syed

Ron Marzel

Rade Kovacevic, MedCannAccess

Kyle Rainbow, Agent on behalf of Herbal Medix Inc.

Origin

(December 10, 2013) Report from the Chief Planner and Executive Director, City Planning Division

Summary

This report is about comments on the proposed Medical Marihuana Production Facility zoning regulations received at a community consultation open house held November 28, 2013 and to bring forward to a public meeting draft zoning by-law amendments to all general zoning by-laws with industrial zones, to permit a Medical Marihuana Production Facility (MMFP).

Background Information

(December 10, 2013) Report and Attachments 1-8 from the Chief Planner and Executive Director, City Planning on Zoning Changes for Medical Marihuana Production Facilities - Final Report
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-65270.pdf
Notice of Public Meeting to be Held by the Planning and Growth Management Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-65500.pdf

Communications

(December 23, 2013) Letter from Ron Marzel, Marzel Law (PG.Main.PG30.1.1)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-44363.pdf
(January 10, 2014) E-mail from Belinda and Bob Gurr (PG.New.PG30.1.2)

Speakers

Umar Syed
Ron Marzel
Rade Kovacevic, MedCannAccess
Kyle Rainbow, Agent, on behalf of Herbal Medix Inc.

Motions

1 - Motion to Defer Item moved by Councillor Peter Milczyn (Carried)
That the public meeting for Zoning Changes for Medical Marihuana Production Facilities under the Planning Act be adjourned until the February 27, 2014.

2 - Motion to Amend Motion moved by Councillor Adam Vaughan (Carried)

That motion 1 by Councillor Milczyn be amended by adding: 

 

"and that the Chief Planner and Executive Director, City Planning report at that time on a way to treat Medical Marihuana distribution facilities as a regular pharmacy."


3 - Motion to Adopt Item as Amended moved by Councillor Adam Vaughan (Carried)

PG30.2 - Amendments for all Zoning By-laws Group Home Separation and Occupant Numbers

Decision Type:
ACTION
Status:
Deferred
Wards:
All

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Decision

The Planning and Growth Management Committee:

 

1.         Adjourned its public meeting for Amendments for all Zoning By-laws Group Home Separation and Occupant Numbers under the Planning Act until April 10, 2014;

 

2.         Requested the Chief Planner and Executive Director, City Planning to conduct further community consultation; and

 

3.         Requested the City Solicitor to advise the Ontario Human Rights Tribunal that community consultation is being carried out on a Zoning By-law on Groups Homes and that the Chief Planner and Executive Director, City Planning will report to the Planning and Growth Management Committee on April 10, 2014.

Decision Advice and Other Information

The Planning and Growth Management Committee commenced a statutory public meeting on January 13, 2014, and notice was given in accordance with the Planning Act.

 

The following appeared before the Planning and Growth Management Committee on January 13, 2014:

 

Councillor David Shiner

Councillor Ron Moeser

Origin

(December 20, 2013) Report from the Chief Planner and Executive Director, City Planning

Summary

At the February 28, 2013 meeting of Planning and Growth Management Committee Chief Planner and Executive Director of City Planning reported on the findings of the report entitled 'Opinion on the Provisions of Group Homes in the City-wide Zoning By-law of the City of Toronto' by Dr. Sandeep Agrawal, a land use planning expert with knowledge of the interaction between planning and human rights issues. Dr. Agrawal was retained to conduct a review and provide advice to City Council on the land use planning and human rights issues related to the definition of "Group Home" and the 250 metre mandatory separation distance between group homes in the then draft, now enacted, City-wide Zoning by-law. The expert found that the definitions and separation distances applicable to group homes were in his opinion not supportable and recommended removing them. Staff was requested to review these findings and prepare their own report providing advice with respect to questions raised by the Committee in light of the findings of the expert.

 

At the October 22, 2013 meeting of Planning and Growth Management Committee Chief Planner and Executive Director of City Planning reported that City Planning staff had review the matter further and had additional discussions with several Provincial Ministry representatives to determine whether there is any substantive requirement or planning reason for separating Group Homes and whether there is any basis for requiring a minimum number of occupants in a Group Home. Based upon these discussions and the finding of Dr. Agrawal, City Planning Staff concluded that there is no planning justification to include a separation distances for Group Homes in a zoning by-law. It was also concluded that there is no reason for a zoning by-law to require a minimum number of occupants in a Group Home.

 

This report responds to that Planning and Growth Management Committee's direction to the Chief Planner and Executive Director of City Planning (PG27.6) to hold a public open house to obtain public input on the proposed changes to Group Homes in the zoning by-law and prepare a final report and draft by-law for the purpose of a statutory public meeting at the January 13, 2014, meeting of the Planning and Growth Management Committee.

Background Information

(December 20, 2013) Revised Report and Attachment 1 from the Chief Planner and Executive Director, City Planning, on Amendments for all Zoning By-laws Group Home Separation and Occupant Numbers
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-65615.pdf
(January 10, 2014) Report and Attachment 1 from the Chief Planner and Executive Director, City Planning on Amendments for all Zoning By-laws Group Home Separation and Occupant Numbers
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-65620.pdf
Notice of Public Meeting to be Held by the Planning and Growth Management Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-65621.pdf
(January 13, 2014) Presentation on Review of Zoning Regulations Pertaining to Group Homes
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-65741.pdf

Communications

(January 6, 2014) Letter from Garry W. Pruden, CEO, Community Living Toronto (PG.Main.PG30.2.1)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-44601.pdf
(January 10, 2014) Letter from Kenneth Hale, Director, Advocacy and Legal Services (PG.New.PG30.2.2)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-44577.pdf
(January 10, 2014) Letter from Robert G. Keel, Partner, Keel Cottrelle LLP (PG.New.PG30.2.3)
(January 12, 2014) E-mail from Don Purvis, Cabbagetown South Residents Association (PG.New.PG30.2.4)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-44744.pdf
(January 28, 2014) E-mail from Rob Greenaway (PG.Main.PG30.2.5)

Speakers

Councillor David Shiner
Councillor Ron Moeser

Motions

1 - Motion to Defer Item moved by Councillor Josh Colle (Carried)

That:

 

1.         the public meeting for Amendments for all Zoning By-laws Group Home Separation and Occupant Numbers under the Planning Act be adjourned until April 10, 2014.

 

2.         the Chief Planner and Executive Director, City Planning conduct further community consultation.


2 - Motion to Amend Motion moved by Councillor Karen Stintz (Carried)

That motion 1 by Councillor Colle be amended by adding:

 

"the City Solicitor advise the Ontario Human Rights Tribunal that community consultation is being carried out on a Zoning By-law on Groups Homes and that the Chief Planner and Executive Director, City Planning will report to the Planning and Growth Management Committee on April 10, 2014."


 


3 - Motion to Adopt Item as Amended moved by Councillor Josh Colle (Carried)

Procedural Motions

Motion to Adopt Minutes moved by Councillor Josh Colle (Carried)

That the minutes of the Planning and Growth Management Committee meetings held on November 21, 2013 and December 4, 2013 be confirmed.


Motion to Recess moved by Councillor Peter Milczyn (Carried)

That the Committee recess at 9:49 a.m. and resume at 10:00 a.m.


Motion to Recess moved by Councillor Peter Milczyn (Carried)

That the Committee recess at 10:55 a.m and resume at 12:30 p.m.

Monday, January 13, 2014
Peter Milczyn, Chair, Planning and Growth Management Committee

Meeting Sessions

Session Date Session Type Start Time End Time Public or Closed Session
2014-01-13 Morning 9:46 AM 9:49 AM Public
2014-01-13 Morning 10:00 AM 10:55 AM Public
2014-01-13 Afternoon 12:37 PM 1:20 PM Public

Attendance

Members were present for some or all of the time period indicated.
Date and Time Quorum Members
2014-01-13
9:46 AM - 9:49 AM
(Public Session)
Present Present: Josh Colle, Peter Milczyn (Chair), Frances Nunziata, Karen Stintz, Adam Vaughan
Not Present: John Filion
2014-01-13
10:00 AM - 10:55 AM
(Public Session)
Present Present: Josh Colle, John Filion, Peter Milczyn (Chair), Frances Nunziata, Karen Stintz, Adam Vaughan
Also present (non-members): Peter Leon, Mike Layton
2014-01-13
12:37 PM - 1:20 PM
(Public Session)
Present Present: Josh Colle, John Filion, Peter Milczyn (Chair), Karen Stintz, Adam Vaughan
Not Present: Frances Nunziata
Also present (non-members): Ron Moeser, David Shiner
Source: Toronto City Clerk at www.toronto.ca/council