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Recommendation: That, on the
recommendation of the Managing Director, Planning and City Planner, the
following actions be taken with respect to the application of Towards
Recovery Clinics, relating to the property located at 527 Wellington Road:
a) the
request to amend the Official Plan by adding a special policy to recognize
that the 251 metre distance between the subject property and the nearest
school property boundary is appropriate due to unique separation
characteristics BE REFUSED, for the following reasons:
i)
the
request for a site-specific Official Plan amendment is not appropriate since
the subject property does not exhibit any of the four conditions which could
necessitate the need for a site-specific policy;
ii)
the
existing Official Plan policies pertaining to the location of new Methadone
Clinics and Methadone Pharmacies accurately reflect the intent of Council;
iii)
the
requested amendment does not meet the evaluation criteria identified in
Section 6.2.11 of the City of London Official Plan pertaining to Methadone
Clinics and Methadone Pharmacies which preclude the location of these uses
within 300 metres from an elementary school;
iv)
the
requested amendment does not meet the evaluation criteria identified in
Section 6.2.11 of the City of London Official Plan pertaining to Methadone
Clinics and Methadone Pharmacies requiring that sites must be large
enough to accommodate the parking requirements; and,
v)
the
requested reduction in the separation distance from an elementary school is
not appropriate
based on the approach adopted by Council and supported by extensive research,
consultation with health care providers, community and business groups and
the planning impact analysis included in this report related to planning for
Methadone Clinics and Methadone Pharmacies;
b) the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM an Associated Shopping Area Commercial (ASA2/ASA5) Zone,
which permits a wide range of retail, personal service and automobile uses TO
a Holding Associated Shopping Area Commercial Special Provision (h-5•ASA2/ASA5( ))
Zone, to add
a Methadone Clinic and Methadone Pharmacy to the list of permitted uses and
relieve the subject property from the general provisions that require the
property boundary of Methadone Clinics and Methadone Pharmacies to be a
minimum of 300m from the property boundary of an elementary school subject to
a holding provision to require public site plan review BE REFUSED for
the following reasons:
i)
the
requested amendment to the Zoning By-law is not consistent with the Zoning
regulations which do not permit Methadone Clinics and Methadone Pharmacies to
be located within 300 meters of an elementary school;
ii)
the
subject property does not meet the minimum requirements of the Zoning By-law
which require that 1 parking space be provided for every 15m2 of
gross floor area (“GFA”). The existing building has a GFA of 418m2
requiring that 28 parking spaces be provided whereas the subject property has
a total of 21 parking spaces;
and,
iii)
the
proposal to utilize only 307m2 of the existing building for the
requested uses and leaving the remaining 111m2 unfinished and
separated from the rest of the building by a permanent wall would create a situation
that requires on-going by-law enforcement to continually monitor the subject
site to ensure that the unfinished portion of the building remains unused;
and,
c) the
information report from the Managing Director, Planning and City Planner,
relating to the City of London request to limit the number of clients served
by methadone clinics and methadone dispensing pharmacies BE RECEIVED;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications with respect to this matter:
·
a communication, dated February 11, 2013, from C. Crawford,
Chief Executive Officer, Towards Recovery Clinics Inc.;
·
a communication from T. Schnurr, Vice President, Sales
Representative, CBRE Limited;
·
a communication, dated February 11, 2013, from R. Zelinka,
Zelinka Priamo Ltd.;
·
a communication, dated November 20, 2012, from V. Zanov, 22
Torrington Crescent;
·
a communication, dated February 14, 2013, from C. Clark, by
e-mail;
·
a communication, from T. Couture, 45-35 Waterman Avenue;
and,
·
a communication, dated February 13, 2013, from D. Young,
Senior Planner, Stantec Consulting Ltd.;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
Cam
Crawford, Chief Executive Officer, Towards Recovery Clinics Inc. – advising
that Towards Recovery Clinics Inc. currently operates in three Ontario
communities; indicating that the clinics are professionally staffed; advising
that addiction is misunderstood; indicating that he has been actively
involved in the search to find an appropriate location to open a clinic;
indicating that they have spent more than eight months searching for a
location, utilizing the services of CBRE; advising that there has been
published evidence that two or three million people suffer from addictions;
advising that over 1,400 people in London are suffering from opiate
addiction; indicating that it is in the communities best interest to deal
with addiction; indicating that most people dealing with addictions want to
be helped; advising that when you assist people in need, you are returning
their self-respect, allowing them to lead healthy lives and become valuable
members of the community; indicating that the reality of the situation is
that we are helping ourselves; advising that his clinics are committed to
operating excellence; indicating that the planning principles support the
application; noting that addiction treatment is under the purview of health
care; advising that his company provides a different model; noting that they
help people and help reduce any risks to public safety; indicating that
addiction does not discriminate; indicating that there is a reduction in the
amount of crime in a neighbourhood where there is a methadone clinic;
advising that methadone clinics have close connections to health care
services to best manage patient success; advising that the clinic has a large
reception area which reduces any congregation outside of the clinic; advising
that there is on-site security during all clinic hours; advising that they
operate a service advisory board for two-way communication; indicating that
the proposed site is stand alone with no gathering areas; advising that it is
close to a major health care area; advising that this is away from the
downtown core; and noting that the building is attractive.
·
Richard
Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – advising that
there is a potential site for a methadone clinic to be located at Wellington
Road South and Bradley Avenue; noting that this site is more than 300 metres
from White Oaks Public School, the South London Community Pool and the Jalna
Library; however, you can see directly from the property to the school, the
mall and the library; also noting that the properties are connected through a
pathway system; further noting that the location meets the City’s methadone criteria;
advising that the proposed methadone clinic adequately protects the
facilities and users from potential impacts; indicating that people want
methadone separation between them and their families; noting that there is a
single family dwelling next door; advising that the LCBO, a bank, two
restaurants and a beer store are located on the same property; noting that,
using a strict interpretation of the City’s by-law, this is an ideal site for
a methadone clinic; also noting that the area is on a bus route; advising that
the proposed site on Wellington Road South is a free standing building;
indicating that the building is oriented by Wellington Road; advising that
there are no adjacent gathering places; advising that there is a 457 metre
walking distance, on public sidewalks, and a one kilometer driving distance,
between the proposed clinic and a school; advising that you cannot see the
school from the property; noting that unless you live there, you would not
even know the school exists; advising that the site is accessible by the
circuitous walkway on Waterman Avenue; enquiring as to which site better
meets the Councils policies; indicating that separation distance is a useful
land planning tool; advising that the public and catholic school boards use
walking distances; indicating that some of the public responses in the Civic
Administration’s report spoke of walking distance “as the crow flies”, which
is not meaningful when you are talking about people; referencing his letter
on the Planning and Environment Committee Agenda; advising that the Civic
Administration’s reference to 824 potential sites is not more than a
theoretical rough-cut; indicating that the Civic Administration never
provided a blow up of any particular site; noting that the graphic never intended
for what is in and what is out; advising that the letter from CBRE indicates
that the 824 sites is not a realistic number; noting that not all of the
sites are serviced by public transit; advising that, with the stigma attached
to addiction, multi-unit landlords will not rent to addiction treatment
clinics; advising that some of the other sites are large, new big box stores,
hotels or motels; indicating that there are errors in the original mapping,
such as the location of the East London Library; advising that many sites are
not on the market for sale or for lease; advising that other sites do not
have adequate parking; indicating that most of the suitable sites are located
along Wharncliffe Road and Dundas Street; indicating that when the policies
were adopted, people believed that the Municipal Council and the Civic
Administration wanted to work for the health of the city; advising that the
current by-law is overly constraining; and advising that the proposed site at
527 Wellington Road South is a good site and meets the cities policies.
·
Christine
Bonatsos, 97 – 35 Waterman Avenue – enquiring as to whether or not the
applicant has mothballed any other clinics; expressing concern that they are
only mothballing part of the building in order to meet the parking requirements;
enquiring as to whether or not the city enforces mothballing and who pays for
it; advising that she does not deem the excuse that the potential 824 sites
are not viable as a valid excuse; and advising that the applicant should be
educating the public to help reduce the stigmatism that addiction has.
·
Roman
Zasidko, 53 Cheviot Place – expressing concern with the vacant space in the
building; enquiring as to whether or not it is really going to be mothballed;
indicating that Police and Fire representatives will need to monitor the
space; indicating that it is not dead space; advising that it is not
mentioned in the report, but enquiring as to whether or not the space will be
needed in the future; enquiring that, if the space is needed in the future,
will the applicant need to reply for an amendment to the parking
requirements; advising that, in simple terms, the standard of measurement
that the City uses is a radius; indicating that the 300 metre circle radius
is a standard measurement; and requesting that the Councillors follow their
rules.
·
Joseph
Fisher, 54 Ansondale Road – reading the bottom of page 10 of the Planning and
Environment Committee Agenda; advising that the Civic Administration is
working with an Interim By-law; reading portions of the July, 2012, Ontario
Municipal Board decision; indicating that he is not mentioning who is using
the service; advising that a misunderstanding of the by-law is prohibiting
citizens from getting their money’s worth; indicating that the Civic
Administration did their homework; and supporting the Civic Administration’s
recommendation.
·
Ryan
Chen, 95 - 35 Waterman – advising that he takes issue with the walkway on
Waterman Avenue being referred to as “circuitous”; noting that if you look in
the Webster’s dictionary, “circuitous” means “round”, “winding”; indicating
that the walkway leads directly to the school; and noting that clients from
Chiddington Avenue will not use the walkway.
·
Terry
Scafe, 27 Compton Crescent – enquiring as to whether or not the property located
at 527 Wellington Road was one of the approved sites for a methadone clinic
or pharmacy; advising that the applicant made a conscious decision to fight
for this site; and enquiring as to whether or not they have to apply for
another application if they decide to dispense medication other than
methadone.
·
Sharon
Fry, 100 – 35 Waterman Avenue – enquiring as to the percentage of the profits
from the methadone clinic are provided to the community.
·
Nelson
Campbell, 28 – 35 Waterman Avenue – expressing concern with the site line
between the clinic and the school; indicating that Wellington Road South is
the front door entrance to London; advising that there are fast food
establishments in the area; noting that there is already a pharmacy in the
area; indicating that the proximity of schools and high density areas should
be considered when determining locations for a methadone clinic; expressing
concern for the safety and security of children; advising that it is 50
metres from the proposed clinic to the front door of the Waterman Avenue
condominium complex; noting that there are no fences separating the properties;
and enquiring as to whether or not this is health care without risks to the
residents.
·
Rick
Wood, Principal, Cartier Public School – reading from the letter provided to
him by the Chair of the Thames Valley District School Board; expressing
support for the Civic Administration’s recommendation; expressing support for
the current by-law; advising that there are 304 children and 30 teachers at
his school; noting that it is a family atmosphere; advising that students
that have graduated from the school come by to say hello; and requesting that
this community be kept safe and healthy.
·
Josephine
Soares, 1 Rockingham Court – advising that if the Municipal Council changes
the existing by-law, the Municipal Council is setting a new standard;
advising that any new company can come in and ask for a new radius; and
advising that the distance between methadone clinics and schools will get
smaller and smaller.
·
Janet
Hunt, Registered Nurse – advising that the neighbourhood is a great family
neighbourhood; indicating that families have problems and reach out for help;
advising that this site will be right across from a mental health facility so
that, if needed, help can be accessed instantly.
·
Steve
Couture, 45 – 35 Waterman Avenue – advising that his communication is part of
the Planning and Environment Committee Added Agenda; advising that this is a
policy that the Municipal Council adopted 9 months ago; encouraging the
Municipal Council to stick to the policy; indicating that the language in the
policy is very clear; indicating that there is no flexibility in the 300
metres; noting that this was the intention of the Municipal Council;
indicating that three criteria use the words “must be”; indicating that this
is a pedestrian safety issue, with a bus stop being located on the east side
of Wellington Road; advising that there is in excess of 30,000 vehicles a day
travelling on Wellington Road; enquiring as to how many people are going to
walk up to the lights to cross the road and how many people will take chances
crossing the traffic; noting that this will encourage jaywalking; indicating
that there must be a requirement for parking; and encouraging the Municipal
Council to realize that they adopted the policy.
·
Bonnie
Weitzel, 6 Chiddington Gate – advising that she is still reviewing the
information that she has received; indicating that the parking requirement
has not been met; noting that the site currently has 13 parking spaces;
advising that no one has mentioned that there would be a requirement for
garbage and recycling pick-up and delivery trucks; advising that there are
4,600 vehicles on the road daily between Wellington Road South and Wilkins
Avenue; indicating that this will add more vehicles; advising that the
Wellington Road South bus is packed; and advising that there are no traffic
lights or crosswalks on Waterman Avenue.
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