Report for Executive Committee July 15, 2009 Meeting

Group Homesin FraserRiverPark (T.Caterina)

Group Homesin FraserRiverPark

(T.Caterina)

Report Summary

This report provides information about the regulation and licensing of Group Homes.

Previous Council/Committee Action

At the April 22, 2009, Executive Committee meeting,Councillor
T.Caterina made the following inquiry:

The residents of Fraser River Park are facing issues recently in regards to the number of group homes being put in the surrounding area (five in one block), namely:

1616 – 148 Avenue
1615 – 150 Avenue
14816 – 16 Street (most recent, no one living here yet)
14908 – 16 Street
14912 – 16 Street

With respect to this, what steps can be taken in order to implement discretionary use of group homes for all zoning to ensure the community is aware of these homes and has the possibility to have input?

Are there any restrictions on the density of group homes allowed in an area? Is there an overlay in effect?

What is the procedure from the provincial government for allowing group homes to be put in place?

Report

Of the five addresses identified in the inquiry, four possess development permits for Limited Group Homes. The address 14816 – 16 Street does not have a development permit for any form ofGroup Home, nor has one been received.

What steps can be taken to implement discretionary use of group homes for all zoning to ensure the community is aware of these homes and has the possibility to have input?

• Group homes in the Zoning Bylaw are classified under two use classes:

• Limited Group Homes (up to six residents) are a Permitted Use in nearly all residential zones;
• Group Homes (seven or more residents), are a Discretionary Use in nearly all residential zones.

• No steps are required to change the Zoning Bylaw regarding the Group Homes Use Class, as it is already a Discretionary Use.
• Changing Limited Group Homes to a Discretionary Use would require an amendment to most residential Zones within the Zoning Bylaw. Such an amendment must be approved by City Council through the statutory bylaw amendment process including a public hearing. In preparing the bylaw, Administration would, pursuant to Public Involvement Policy C513, be obliged to create a public involvement plan and conduct a review withaffected stakeholders. As a Discretionary use, adjacent property owners are notified regarding the proposed permit.

Are there any restrictions on the density of group homes allowed in an area? Is there an overlay in effect?

• There are no restrictions in the Zoning Bylaw regarding the density of group homes allowed within any geographic area.
• The Zoning Bylaw does not contain an overlay that restricts the number of group homes within any geographic area.
• Limited Group Homes have been a Permitted Use in nearly all residential zones since the Use Class was created in the early 1980s. At various times, Council has considered limiting the number of group homes in a neighbourhood and making all group homes Discretionary Uses. However, Council did not proceed with changes. (see Attachment 1).
• The practice of classifying smaller group homes as a Permitted Use (where no permit is required), and larger group homes as a Discretionary Use (requiring a Development Permit), is a common approach used by municipalities in Canada (see Attachments 2 and 3).
• However, a number of municipalities do employ some form of minimum separation distance between lots containing group homes.
• Should Council with to proceed with density restrictions Administration would prepare a draft bylaw and conduct an associated public involvement process.

What is the procedure from the provincial government for allowing group homes to be put in place?

• Adult group homes are licensed under the Social Care Facilities Licensing Actadministered by the Department of Seniors and Community Supports.
• The Alberta Child and Youth Services department licences children’s group home operations through the Child, Youth and Family Enhancement Act.
• Adult group homes with four (4) or more residents (not including staff) are required to be licensed annually, while those with three (3) or fewer residents are not required to be licensed. In the case of children’s group homes, all are required to be licensed annually.
• Provincially licensed adult and children’s group homes are monitored regularly, both for operations (including support programs for residents) and for safety, as a condition of the group home licence.
• Prior to issuing a licence for a group home, the provincial licensing agencies verify with the municipality that proper zoning and permitting conditions are met for the proposed location. Administration verifies with the provincial licensing agencies that the group home operator is recognized, and eligible to receive a licence, prior to issuing a development permit for a Limited Group Home or a Group Home. One exception to this process is:when an adult group home has three or fewer residents no provincial licence is required.
• When a group home operator applies to expand a group home from a Limited Group Home to a Group Home (i.e. more than six residents), the Province will contact the City of Edmonton to verify that a Group Home development permit has been applied for and will be issued by the City, prior to issuing a new licence.
• The Province also deals with complaints about group home operations. Seniors and Social Supports receive about 24 complaints a year on adult group homes that are not operating with a valid licence. Most of these are within the cities of Edmonton and Calgary. In most cases, the issue is resolved through the operator obtaining proper municipal permits and a valid provincial licence.
• Currently, the Provincial licensing agencydoes not notify the City of Edmontonwhen a group home licence is expired, revoked or has lapsed. However, up-to-date lists of licences are available to the City of Edmonton(upon request) for comparison with development permits (see Attachment 3).

Policy

• The facilitation of group home development, and communication with provincial agencies regarding the operations of group homes within the City of Edmonton, is supported by the following policies in Plan Edmonton:
• 1.7.2Provide for a range of housing types and densities in each residential neighbourhood.
• 2.8.5 Encourage and support coordinated actions by all departments and agencies involved in intergovernmental service delivery.
• 3.1.1 Invest in our community’s future through the provision of services and programs for people.
• 3.5.8 Work with those levels of government and agencies whose primary role is to contribute to individuals’, families’ and children’s basic needs for shelter, food, clothing and safety.
• 3.5.9 Work with those levels of government and agencies whose primary role is to contribute to provide citizen access to adequate, safe and affordable housing.

Focus Area

The information in this report relates to the Focus Areas of Diverse Communities, and Inclusive Communities, particularly of continuing to target programs and services to segments of the community focus areas.

Public Consultation

No public consultation was performed in preparing this report. Should Council decide to proceed with amendments to the Zoning Bylaw to make all group homes discretionary uses, and/or implement some form of density control, Administration would develop a consultation program.

Attachments

1. History of City of Edmonton considerations for Group Home regulations
2. Regulation of Group Homes in other municipalities
3. Table: Group Home Regulations in Other Municipalities

Page 1 of 4

Attachment 1

History of City of Edmonton considerations for Group Home regulations

The Use Class “Limited Group Homes”was created as a Permitted Use in all residential zones on September 27, 1983. This change was adopted by Council at the request of the Social Justice Commission Archdiocese of Edmonton. At that time, all group homes were Discretionary Uses, and there was some concern that this presented an unnecessary obstacle and expense to both the City and operators of group homes. It was recommended that group homes with six (6) residents or less be designated as Permitted Uses in the City of Edmonton’s Zoning Bylaw. It also restricted the freedom of choice of residential location of those requiring group home accommodation (letter from Social Justice Commission Archdiocese of Edmonton, June 4, 1982).

Since the early 1980s, Council has occasionally considered amending the Zoning Bylaw regulations concerning group homes by:

• making all group homes discretionary;
• limiting the number of group homes in a neighbourhood;
• creating a business licence requirement; and
• creating a new use class for larger group homes.

In all cases, Council decided to keep small group homes Permitted Uses.

In 1998, Council considered two options that could address the distribution of group homes:

• Requiring a municipal license for group homes (to address group home operations and requirea community consultation process for new group homes); and
• Amending the Land Use Bylaw to limit the number of group homes to a maximum of ten (10) in any one neighbourhood (Report 98PDP058 to Executive Committee on August 26, 1998).

Both were rejected by Council and neither was supported by the Administration. The major concerns regarding these options were:

• The potential for legal challenges due to the restriction on the types of persons who could live in a neighbourhood (Charter of Rights and Freedoms).
• The number of Development Permits already issued may exceed the number of group homes proposed to be allowed: Once a Development Permit is issued and acted upon, it does not expire, regardless of whether or not the group home is actively operating on that site.
• The potential for false permitsfrom residents that wish to prevent group homesfrom locating in their neighbourhood. Such residents eliminate the possibility of bona fide applications in the same area.

In 2005, a report to the Executive Committee examined existing group homes with respect to size and operation, and explored options for setting an appropriate upper limit on the number of residents within group homes that are located in residential zones (2005 PDP068). In a review of development permits over a seven-year period, report noted that:

• 90 percent of group homes in the City of Edmonton are Limited Group Homes, comprising between 3 and 6 residents;
• The majority of these are located within single detached dwellings;
• The remaining 10 percent are larger, falling into the Group Home class, with 8 percent having between 8 and 10 persons, and 2 percent having between 12 and 20 residents;
• The larger group homes are located in a variety of residential dwelling types, ranging from single detached to apartment dwellings.

When this report was presented to Council, it was recommended that the Group Home Use Class be defined as having between 7 and 12 residents, with a new use class (an institutional group home class) be created for group homes with 13 or more residents. The new class of group home would be best accommodated in the US Urban Services Zone. Council decided at the time not to proceed with the amendments.

Also in 2005, a report to the Executive Committee discussed the relationship between Edmonton’s Zoning Bylaw regulations and the Province’s process to licence, monitor and assess group homes (2005 PDP100). While the Province’s role is in licensing and ensuring adequate operations of group homes, the City’s role, like other Canadian municipalities, is to regulate the size and location of group homes. The report reviewed the process by which the Province tracks, records and follows up on complaints regarding group homes. The report also noted that the City likewise responds to inquiries and complaints. In the case of City complaints, most relate to whether or not a valid development permit is in place, and other nuisance issues such as noise, parking or traffic concerns. The Province has the power to issue a Cease and Desist Order on the licence if deficiencies are not adequately addressed. The City can issue a Stop Order on the development permit if the operator is in non-compliance with the terms of the permit.

Page 1 of 2Report: 2009PCP022 Attachment 1

Attachment 2

Regulation of Group Homes in other Municipalities

Twelve municipalities were reviewed with regard to how group homes are regulated, including 6 in Alberta.

Permitted vs. Discretionary Group Homes

A number of municipalities allow smaller group homes to be a permitted use, with no community notification required. The municipalities of St. Albert, StrathconaCounty, Winnipeg, Toronto, Ottawa, Vancouverand Saskatoon all allow smaller group homes (maximums being between 3 and 10 residents) on a Permitted basis, with no notification requirements. Exception areToronto and Ottawa, which do not have a development permitting system similar to Alberta, where notification is required for larger group home applications.

StrathconaCounty regulates group homes in the same manner as Edmonton: A Minor Group Home (up to six residents) is a Permitted Use in most residential zones. A Major Group Home in StrathconaCounty (seven or more residents) is a Discretionary Use and likewise is allowed in most residential zones.

Five Alberta municipalities require no development permits for smaller facilities; treating small group homes essentially in the same manner as a typical household:

• Lethbridge, Grande Prairie and FortSaskatchewando not require permits for facilities comprised of three (3) or fewer residents;
• Calgary does not require permits for facilities with four (4) or fewer residents; and
• RedDeer does not require permits for facilities with five (5) or fewer residents.

In all of the above cases, group homes (or their equivalent) larger than the above thresholds are discretionary uses, rather than permitted uses.

Separation Distances

Four of the municipalities reviewed for this report have separation distances for group homes: St. Albert, Winnipeg, Toronto and Ottawa.

• St. Albert has had a separation distance requirement of 300 metres between lots containing group homes (4 or more residents) since 2005.
• Winnipeg has had a requirement of 100 metres for Care Homes with six residents or less and 300 metres for those with seven or more residents since 1994.
• Toronto’s proposed Zoning Bylaw includes a 300 metre separation distance (former municipalities have had separation distances ranging from 250 to 800 metres for at least two decades).
• Ottawa’s Zoning Bylaw, like Toronto and St. Albert, requires a 300 metre distance separation. The City of Ottawa has had a separation distance in its Zoning Bylaw since 1964.

In order to implement its separation distance, the City of Ottawa requires group home operators to register their operation with the City. Operators who are proposing a new group home are encouraged to contact the City prior to finalizing a purchase or a lease whereby the operator can “reserve” a lot’s eligibility for a group home for a limited period of time, so as to ensure that it will comply with the separation distance.

Each municipality has slightly different demand for group homes and circumstances. St. Albert has had little demand for group homes, hence no negative impact of its separation distance. Toronto indicates that group home operators view the separation distance as infringing on their ability to build group homes. Winnipeg indicated that its inner city areas are essentially already saturated with group homes, and new ones are locating in the suburbs. Ottawa has indicated that there is support from group home operators for the separation distance, as it prevents the concentration of group homes.

As with most Canadian municipalities, group home facilities within the City of Edmonton tend to be located within inner city areas, particularly where property costs are relatively lower. Other factors that influence the location of group homes include a home’s proximity to medical and social services.

Page 1 of 2Report: 2009PCP022 Attachment 2

Attachment 3

Table: Group Home Regulations in Other Municipalities

…continued

Table: Group Home Regulations in Other Municipalities

Page 1 of 2Report: 2009PCP022 Attachment 3