This house at Lakeshore Drive and Bayview Crescent is the subject of complaints by neighbours, who say it is operating as a supportive recovery facility without provincial licensing, town zoning or a business license. The town has declined to say what it is doing about enforcement, but says it is monitoring the situation. (Richard McGuire photo)

Town council accepted a staff recommendation on Monday to scale back a bylaw amendment that would have allowed unlicensed drug addiction recovery facilities to operate in single-family residential areas.

Council voted, with no discussion, to give the revised bylaw third reading.

A public hearing on April 16 saw strong public opposition to the bylaw, especially from residents of the Goodman Park area. These residents object to a supportive recovery facility at 5 Bayview Crescent that is currently operating without a provincial license, town zoning or a business license.

Council agreed with a staff recommendation to remove a portion of the bylaw that would set conditions for the town to approve zoning applications for unlicensed facilities in residentially zoned areas.

The change to the bylaw was contained in a report to council from Gina MacKay, director of planning and development services, who recommended instead that only new definitions for First Stage Housing and Supportive Recovery be kept.

“These definitions would remain in the bylaw and will benefit staff in the planning and development services department with future inquiries,” MacKay wrote. “Further discussion on the appropriate location of social services, such as supportive recovery facilities, could also take place during a full [Official Community Plan] review.”

The revised bylaw retains unrelated changes to the town’s zoning bylaw affecting the storage of recreational vehicles and setbacks between RVs in campgrounds.

MacKay’s report acknowledged that the town only recently learned that provincially licensed facilities under the Community Care Facility and Assisted Living Act do not have to comply with municipal bylaws, including zoning.

This means the town’s originally proposed bylaw would only have applied to facilities that are not licensed by the province.

Meanwhile, any hopes neighbours had that the supportive recovery centre at 5 Bayview Crescent would cease operating at the end of April appear to be dashed.

Neighbours say they are sending renewed complaints to the town that the facility is continuing to operate.

When the town raised concerns with the Brandon Jansen Foundation in April about reports from neighbours that the facility was operating without a rezoning or a business license, the foundation responded that the Bayview Crescent home was only being used for residential purposes.

They also said they intended with pull out of Osoyoos.

Asked about any actions the town is taking to enforce its zoning bylaw and business license requirement, Barry Romanko, town chief administrative officer, declined to provide specifics.

“As a matter of privacy, we don’t discuss enforcement of individual cases,” Romanko said in an emailed reply last week. “We are currently monitoring the situation.”

When asked in March about the town’s general policy towards a business operating without a business license or zoning, MacKay said the town would not give tacit approval for a business to operate.

“The town would require substantive evidence prior to taking action,” MacKay said. “Formal complaints must be received in a written format.”

The Brandon Jansen Memorial Recovery Centre lists the private fee for its addictions program at $18,500 for 30 days.

RICHARD McGUIRE

Osoyoos Times