Neighbours are complaining that this house at 5 Bayview Crescent opposite from Goodman Park is still being used as a supportive recovery centre, even though it has no provincial licensing, the town has not rezoned the property, and it has no town business license. Council on Monday will reconsider a proposed zoning bylaw amendment that would have allowed unlicensed drug addiction recovery facilities to operate in residentially zoned neighbourhoods. (Richard McGuire photo)

Town council will discuss 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.

A public hearing on April 16 saw strong public opposition to the bylaw, especially from residents of the Goodman Park area, who object to a supportive recovery currently operating without a provincial license, town zoning or a business license.

Staff is now recommending removing a portion of the bylaw that would set conditions for the town to approve zoning applications for unlicensed facilities.

The proposed change to the bylaw is contained in a report to council from Gina MacKay, director of planning and development services, who recommends 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 proposed revised bylaw would also retain unrelated changes to the town’s zoning bylaw affecting the storage of recreational vehicles and setbacks between RVs in campgrounds.

MacKay’s report acknowledges 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 proposed bylaw would only apply 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. “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 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