planning justification report - london, ontario · planning justification report 446 york street...

PLANNING JUSTIFICATION REPORT Proposed Zoning By-law Amendment for a Clinic to Operate as a

Supervised Consumption Facility 446 York Street

London, ON

October 2018

Prepared for: Middlesex-London Health Unit

50 King Street London, Ontario

N6A 5L7 (519) 663-5317

Regional HIV/AIDS Connection #30-186 King Street

London, Ontario N6A 1C7

(519) 434-1601

Prepared by:

610 Princess Avenue, London, Ontario, N6B 2B9

T: (519) 686-1300 | F: (519) 681-1690 E: [email protected] | W: www.mbpc.ca

mailto:[email protected]%20%7C

PLANNING JUSTIFICATION REPORT 446 York Street City of London

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TABLE OF CONTENTS 1. Introduction ............................................................................................................ 3

1.1 Purpose .......................................................................................................... 3 1.2 Background........................................................................................................ 3 1.3 Subject Lands ..................................................................................................... 7 1.4 Land Use Context ............................................................................................... 9 1.5 Pre-Application Consultation ............................................................................. 17 1.6 Public Consultation ........................................................................................... 18

2. Development Proposal .......................................................................................... 31 3. Planning Framework ............................................................................................. 35

3.1 City of London Official Plan .............................................................................. 35 3.2 London Plan ..................................................................................................... 38 3.3 City of London Zoning By-Law (No. Z. - 1) ........................................................ 41

4. Technical and Background Studies ......................................................................... 43 4.1 Archaeological Assessment ............................................................................... 43 4.2 Heritage Impact Assessment ............................................................................. 43 4.3 CPTED Report ................................................................................................... 45

5. Proposed Planning Approvals ................................................................................ 46 5.1 Zoning By-law Amendment ............................................................................... 46

6. Planning Analysis .................................................................................................. 47 6.1 Provincial Policy Statement ................................................................................ 47 6.2 City of London Official Plan .............................................................................. 51 6.3 London Plan ..................................................................................................... 61 6.4 City of London Zoning By-law ........................................................................... 61

7. Conclusion ........................................................................................................... 63 8. References ........................................................................................................... 64 9. Appendices .......................................................................................................... 66

Appendix 1 List of Sites Considered for an SCF ................................................... 67 Appendix 2 Pre-Application Consultation ............................................................ 68 Appendix 3 Centre For Organizational Effectiveness Report ................................. 69 Appendix 4 July 25 Community Information Meeting Notice ................................ 70 Appendix 5 Poster Boards from July 25 Community Information Meeting ............. 71 Appendix 6 Sign-In Sheets From Public Meeting .................................................. 72 Appendix 7 Comments from Public Meeting ........................................................ 73 Appendix 8 Letters of Support Received from the Public ....................................... 74 Appendix 9 Public Consultation Plan ................................................................... 75 Appendix 10 Conceptual Floor Plan and Site Plan ................................................. 76 Appendix 11 Crime Prevention Through Environmental Design Report ................... 77 Appendix 12 Zoning Data Sheet ........................................................................... 78


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1. INTRODUCTION

1.1 Purpose Monteith Brown Planning Consultants (“MBPC”) has been retained by the Middlesex-London Health Unit (MLHU) and the Regional HIV/AIDS Connection (RHAC) to provide professional land use planning services associated with the proposed reuse of the existing building at 446 York Street in London (“the subject lands”) as a clinic use to facilitate a Supervised Consumption Facility (SCF). The proposed SCF will provide a safe venue for people to consume pre-obtained illicit drugs and other substances in a clean and safe environment in the presence of a nurse or other health care professional utilizing sterile supplies and proper disposal facilities. The need for these facilities has been driven by an emerging need to address the growing unsafe disposal of used sharps, opioid overdoses and deaths, and to curb the spread of infectious disease. The intent of this report is to analyze the land use planning merits to determine the appropriateness of the proposed clinic to be used as a SCF at 446 York Street. The development will be analyzed within the context of the surrounding community and the relevant planning documents, including the Provincial Policy Statement, the City of London Official Plan, the London Plan (currently under appeal), the proposed Official Plan Amendments and Zoning By-law Amendments regarding Supervised Consumption Facilities (currently under appeal), and the City of London Zoning By-law.

1.2 Background Middlesex-London Health Unit (MLHU) has partnered with the Regional HIV/AIDS Coalition (RHAC) for the delivery of SCFs in London. MLHU is a public agency that delivers programs and services across the City of London and Middlesex County, as mandated by the Health Protection and Promotion Act. These services and programs include, but are not limited to: needle exchanges, immunizations, birth control, and prenatal health. MLHU operations are guided by the Ontario Public Health Standards. RHAC provides practical support, counselling services, and programming


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to diverse populations of people living with and affected by issues related to HIV/AIDS in the counties of Perth, Huron, Elgin, Lambton, Middlesex, and Oxford. According to the MLHU, Middlesex-London has been disproportionately affected by the nation-wide opioid crisis, compared to the Province of Ontario as a whole, over the past decade. From 2008 to 2012, the MLHU reported that opioid abuse led to higher rates of overdoses, emergency department visits, hospitalizations, and admissions to substance misuse and addictions programs in Middlesex-London than the Province of Ontario as a whole (MLHU, Report 032-14, 2014). In 2013, Middlesex-London EMS responded to 602 drug overdose-related calls, or almost two per day (MLHU, Report 054-17, 2017). In June 2016, the MLHU declared that there was an “emerging public health emergency” among persons who inject drugs (PWID), as rates of HIV, Hepatitis C, Invasive Group A Streptococcal Disease, and infective endocarditis increased within this vulnerable population (MLHU, Report 040-16, 2016). By May 2017, the MLHU reported that there was an HIV epidemic among PWIDs in London. The PWID population accounted for two-thirds of new HIV diagnoses in London-Middlesex, compared to less than ten percent province-wide. Dr. Chris Mackie, the MLHU Medical Officer of Health, activated the Health Unit’s Incident Management System to provide an orderly and efficient response to this emergency. MLHU and RHAC began to work together to identify ways to enhance harm-reduction services in London, including the establishment of supervised consumption facilities (MLHU, Report 027-17, 2017). Harm reduction is a pillar of the Canadian Drugs and Substances Strategy. The federal government recognizes that not everyone is willing or able to enter treatment at all times. As a result, harm reduction programs have been implemented to reduce risks of drug use, improve the health of drug users, and connect people with other key health and social services. Harm reduction policies and programs are implemented in collaboration with prevention, treatment, and enforcement initiatives (Government of Canada, 2018). In late 2017, the Province reported a 68% increase in opioid-related deaths in Ontario from May to July 2017, compared to the same time period in 2016. The need for a harm-reduction response to the opioid crisis became more pressing as fentanyl and carfentanil began to move into the local drug market. In November 2017, MLHU reported that the Health Unit was working with RHAC and other community partners to begin community consultations for a Supervised Consumption


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Facility, and planning to open an Overdose Prevention Site in the near future (MLHU Report 054-17, 2017). In response to the identified health crisis, a Temporary Overdose Prevention Site (TOPS) was opened on February 12, 2018 within the RHAC offices at #30-186 King Street to provide supervised injection services, harm reduction supplies (including clean needles and needle disposal), and naloxone to reverse opioid drug overdoses. This site was intended to address urgent public health needs on a short-term basis. The Province originally provided funding for the site to be open for six months, but the Ministry of Health and Long-Term Care has extended funding until the end of October. The London TOPS has seen more than 10,000 visits since February, and staff have prevented 37 deaths from drug overdoses. There have been no deaths at the facility. The TOPS is intended to provide supervised injection services in London until MLHU and RHAC receive permissions from the federal, provincial, and municipal government to open a Supervised Consumption Facility. A SCF provides supervised injection services on a permanent basis. SCFs require federal approval to operate through an exemption to Section 56.1 of the Controlled Drugs and Substances Act provided by Health Canada. A visit to the facility would typically include an intake assessment, performed by a nurse or other healthcare professional to assess the health of a person before consumption occurs. The client would then enter a consumption booth to consume the drugs they brought to the site, under the supervision of healthcare professionals. After consumption, clients are invited to stay in the aftercare room for a short time, so staff are able to monitor and treat any potential drug overdoses. These facilities are designed to prevent overdose deaths and offer linkages and referrals to other health care services that provide outreach and support for addiction, housing, mental health, and other related issues. They may also offer harm reduction education and counselling, as well as providing a safe space for those who have consumed. It is also important to understand that participants in the facility are not detained in any way after consumption and may leave at any time. Supervised Consumption Facilities have been identified as playing a key role in reducing the public health risks of injection drug use among PWID and the general public. According to the Supervised Injection Services Feasibility Study Report, “SIS [Supervised Injection Sites] in London have high potential to improve public order, reduce infectious disease transmission and overdose, and promote access to addiction treatment and other services […] rigorous evaluation of SIS have show that negative


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impacts of this kind [public disorder, crime, exacerbating community drug use patterns] have not occurred” (Ontario HIV Treatment Network, 2017). MLHU and RHAC are proposing to establish a Supervised Consumption Facility in the existing building at 446 York Street, which will provide a permanent space for supervised injection services in London. The site was selected after an extensive public consultation process to identify the areas of greatest need (described below in Section 1.6) and a review of numerous properties. A list of the properties MLHU and RHAC identified as potential sites for an SCF can be found in Appendix 1. Based on the analysis of these alternative locations, the subject lands were identified as the preferred location. MLHU and RHAC ultimately determined that 446 York Street was the most feasible location for a SCF, based on the building’s characteristics, proximity to the downtown core and Old East Village, proximity to addictions support services, minimal conflicts associated with surrounding land uses, and the building’s availability to be used as a SCF. Jointly, MLHU and RHAC have been working in conjunction with numerous other community partners, London Police Services, and various levels of government, including the City of London, in developing criteria to guide the locating of overdose prevention sites and supervised consumption facilities. The amendments to include these criteria in the Official Plan and Zoning By-law were approved by City Council on May 22, 2018. The amendments have subsequently been appealed to the Local Planning Appeals Tribunal, and are; therefore, not in force and effect. Notwithstanding these appeals, this Planning Justification Report considers all of the proposed locational criteria in order to demonstrate that 446 York Street is a suitable location for this use.


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1.3 Subject Lands The building at 446 York Street is currently occupied by John Bellone’s Musical Instruments, a musical instrument store which will be moving to a new location. MLHU has secured a lease agreement with the landowner, JB + JB Holdings, for the proposed SCF. The proposal is to permit a clinic use to support a proposed SCF to operate in the existing building. The location was selected after an extensive site selection process, described above in Section 1.2. 446 York Street is situated on the north side of York Street, between Burwell and Maitland Streets. The subject lands have an area of approximately 845 m2, with a frontage of approximately 16.3 metres along York Street, and a depth of approximately 47.5 metres. The 353 m2 (4,876 square foot) building is set back approximately 27 metres from York Street. The clinic is proposed to occupy the entire building.

– Subject Lands Aerial Photo, 446 York Street

Source: City of London, 2018


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– Looking north from York Street towards John Bellone’s Musical Instrument Store at 446 York Street (the subject lands)

Source: MBPC, 2018


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1.4 Land Use Context The subject lands are located approximately one block east of the downtown core, across the street from the Men’s Mission Shelter, as shown on the Regional Analysis Map in Figure 3. A car dealership, Dennis Krogman Auto Sales, is located immediately east of the site. The Lance Howard Group, a financial business, is located immediately to the west. The nineteen-storey Kingswell Towers apartment building is located immediately to the north. Other adjacent land uses include apartment buildings, office conversions, storage facilities, and rail lines. It is also noted that the subject lands are adjacent to 444 York Street, which is registered as a heritage property with the City of London. The site is within walking distance of many other social services, including the following:

Social Service Address Approximate Distance

from the Site Approximate Walking Time

Men’s Mission Shelter 459 York Street Across the street 1 minute The Salvation Army Centre of Hope

281 Wellington Street

1 kilometre southwest 12 minutes

Regional HIV/AIDS Connection

#30-186 King Street

1.1 kilometres west 14 minutes

Addiction Services Thames Valley

200 Queens Avenue

1.3 kilometres northwest 17 minutes

London Cares 186 King Street 1.1 kilometres west 14 minutes Middlesex-London Health Unit

50 King Street 1.6 kilometres west 21 minutes

Southwest Ontario Aboriginal Health Access Centre

427 William Street

650 metres northwest 8 minutes

Atlosha Indigenous Shelter

343 Richmond Street

1.1 kilometre west 14 minutes

London Intercommunity Health Centre

659 Dundas Street

1.0 kilometre northeast 13 minutes


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– Regional Analysis at 100m, 500m, and 1000m

Source: Monteith Brown Planning Consultants, 2018


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North The area to the north of the site contains a mixture of apartment buildings, offices and office conversions, and some single-detached housing (see Figure 5). The Kingswell Towers apartment building is located directly north of the subject lands. Catholic Central High School, and its associated fenced-in track and football field, is located approximately 300 metres north of the site (direct distance), or about a 400 metre walk from the site. The London Police Services headquarters are located approximately 515 metres northeast of the site. The Southwest Ontario Aboriginal Health Access Centre is located northeast of the site on William Street, within an 8-minute walk.

View looking northwest from York Street & Maitland Street intersection towards the subject lands

Source: MBPC, 2018


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East The area to the east of the site contains several automobile-related businesses located along York Street (see Figure 6). H.B. Beal Secondary School is located approximately 200 metres directly northeast of the site (“as the crow flies”), but the entrance to the school on King Street is about a 400 metre walk from the subject lands. The H.B. Beal fenced-in track and football field is located approximately 95 metres east of the site. The closest vehicle and pedestrian entrance to the field (as well as the surface parking lot associated with H.B. Beal) is approximately 260 metres northeast of the site on King Street (see Figure 7).

Auto Sales and Auto-Rental Businesses to the east of 446 York Street

Source: MBPC, 2018


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Looking north towards the H.B. Beal School sports field from the York Street & Maitland Street intersection

Source: MBPC, 2018


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West The subject lands are located two blocks east of the downtown core. The area west of the site contains several apartment buildings, surface parking lots, hotels, and office buildings. The Salvation Army Divisional Headquarters (an administrative building) are roughly 285 metres from the site. The London Bridge Day Nursery is located approximately 265 metres to the northwest, and the YMCA Centre Branch is located approximately 340 metres northwest of the subject lands. London Bridge Child Care Services has written to MLHU to express support for the proposed Supervised Consumption Site at 446 York Street (see Appendix 7). The London Free Press building is located approximately 260 metres west of the site. The London Convention Centre is located approximately 530 metres west of the subject lands. The Regional HIV/AIDS Connection is located approximately 1.1 kilometres to the west of the site. 444 York Street, a Priority 3 heritage building, is located immediately west of the subject lands (see Figure 8).

Looking north on York Street towards 444 York Street and 446 York Street

Source: MBPC, 2018


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Looking west down York Street from the subject lands toward the London Free Press building

Source: MBPC, 2018

South The Men’s Mission Services & Rehabilitation Centre, a 146-bed emergency hostel for homeless men age 16 and over operated by Mission Services of London, is located directly south of the subject lands (see Figure 10). The facility contains 111 emergency shelter beds, and a longer-term residence with 35 beds. The facility provides accommodations, rehabilitation counseling, chapel services, clothes, and community mental health programs for men in need. CN Rail lines cross Colborne Street running from east to west directly south of the shelter, approximately 110 metres from the site. There is a controlled rail crossing on Maitland Street to the south, with contiguous fencing along all private properties along both sides of the rail corridor that will prevent inadvertent access to the rail line through private property. Forest City Storage, a self-storage facility, is located south of the rail lines. Land uses further to the south include a mix of single-detached housing, office conversions, the London District Energy co-generation power plant on Colborne Street, the London No. 1 Fire


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Station, and a Canadian Tire. The Salvation Army Centre of Hope Shelter is located 1 kilometre southwest of the site on Wellington Street.

View of the Men’s Mission, looking south from the 446 York Street parking lot

Source: MBPC, 2018


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1.5 Pre-Application Consultation A pre-application consultation meeting was held on June 29, 2018 with staff from the City of London, as well as representatives from the MLHU and RHAC. A record of the Pre-Application Consultation can be found in Appendix 2 of this report. As a result of the meeting, staff identified the following land use and planning issues to be addressed through the application submission:

• An Official Plan Amendment application may be required depending on if the London Plan Neighbourhood Place Type is in-force and effect for the subject site at the time of the application, as non-residential uses are not permitted in the Neighbourhoods Place Type along Civic Boulevards, unless the property is at an intersection;1

• Comment on the proximity to H.B. Beal Secondary School and Catholic Central Secondary School;

• Comment on the road widening dedication of 13.0 metres from the centre line on York Street;

• Improvements to access location and design may be required; • A Pre-Application Community Information meeting will be required prior to

submission. It was noted that the sanitary sewer available at 446 York Street is the 240mm sanitary sewer on York Street. The following application was identified to permit the proposed development:

1. Zoning By-law Amendment and application fee

Through the pre-consultation meeting, the following plans and supporting documentation were identified as required as part of a complete application:

1. Planning Justification Report 2. A Zoning Data Sheet identifying the minimum intake and waiting area per

consumption booth and the minimum post-consumption area per consumption booth

3. Heritage Impact Assessment

1 In an email dated August 3, 2018, City of London staff clarified that if Council-adopted policies came into force and effect, no Official Plan Amendment would be required to permit a SCF at 446 York Street.


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4. Stage 1 Archaeological Assessment (if extensive ground disturbances were proposed)

5. A conceptual site plan demonstrating the interior of the building and the exterior site design, including any proposed or existing landscaping or fencing;

6. Record of comments from a pre-Application Community Information Meeting; 7. Consultation Plan; and 8. Electronic copies of all supporting background information.

1.6 Public Consultation In February 2017, the Ontario HIV Treatment Network and the Regional HIV/AIDS Connection published the Ontario Integrated Supervised Injection Services Feasibility Study (funded by the Canadian Institute for Health Research Centre for REACH in HIV/AIDS), which recommended that a Supervised Injection Service (otherwise known as a Supervised Consumption Facility, or SCF) be implemented in London to address the harms associated with injection drug use. This study included surveys and interviews with persons who inject drugs (PWID) and community stakeholders. MLHU and RHAC began to identify potential locations for SCFs in October 2017, and wider public consultations began in November 2017.

Ontario Integrated Supervised Injection Services Feasibility Study Consultation (March to April 2016) Researchers from the Ontario HIV Treatment Network and the Regional HIV/AIDS Connection surveyed 199 local PWID who had injected drugs within the past six months, and interviewed twenty community stakeholders (from the healthcare, social services, government and municipal services, policy and emergency services, and business and community sectors) to determine if a supervised injection site (SIS, otherwise known as a SCF) could help reduce health-related harms and public disorder associated with injection drug use in London. 72% of PWID stated that they had injected in public or semi-public spaces in the previous six months, most often in the Old East (53%) or Downtown (26%) neighbourhoods. Almost one-quarter (22%) of participants reported that they had borrowed and/or loaned used syringes in the previous six months. 86% of respondents stated that they would be willing to use a SIS if one were available, and 7% said they might be willing to use a SIS (see Figure 11). In terms of location, 60%


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of respondents said that the Old East (Dundas and Adelaide) area was their first choice of location for a SIS. 37% of respondents said that Downtown was their first choice of location for a SIS. In terms of accessing the location, 83% of respondents said they would walk to a SIS, and 55% said that they would take a bus.

Willingness to Use a SIS and Location Preference for SIS

From Supervised Injection Service Feasibility Study Report: London, ON, Ontario HIV Treatment Network and Regional HIV/AIDS Connection, 2017 Community stakeholder respondents in the healthcare, social services, government and municipal services, police and emergency services, and the business and community sector unanimously supported SIS, with some preferences and conditions. Some respondents supported centralizing SIS services in the Downtown and Old East areas, and others supported decentralizing SIS services and locating them in different neighbourhoods in the city. Some respondents were concerned about how the concentration of social services (including a SIS) could have a negative impact on residents and businesses in the area. The study recommended that a SIS be implemented in Old East and/or Downtown London and integrated with existing services to provide wrap-around care for PWID. According to the study, “implementing a SIS in London would have high potential to improve health and public order, while also saving precious health system resources”.


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Centre for Organizational Effectiveness Consultation (November to December 2017) The Centre for Organizational Effectiveness (CFOE) facilitated a community consultation process from November to December 2017 to provide information to Londoners about SCFs, and obtain feedback on benefits, concerns, and site location suggestions. In January 2018, the CFOE released the Supervised Consumption Facilities report with consultation and survey results (see Appendix 3). The public consultation process included nine community consultations in neighbourhoods throughout the City of London, an online survey, four focus groups with specific populations (PWIDs, urban Indigenous voices, the Chippewas of the Thames First Nation Reserve, and service providers), and an MLHU website that provided information on opioids. 2,145 people completed the online survey, 334 people participated in community consultations, and 56 people participated in focus groups. The top three survey participant groups were: community citizens (49%), health practitioners (11%), and high school, college, or university students (10%) (see Figure 11). Figure 12 shows a summary of the survey participants.

Summary of SCF Survey Participants

Source: CFOE, 2018


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CFOE found that overall, Londoners who participated in the consultation “see the benefits of a SCF” (p. 6). Respondents identified a number of benefits of a SCF, including: “reduce the risk of injury/death from drug overdose; help reduce risk of infectious diseases like HIV/AIDS and Hepatitis C; link people who use drugs or their affected friends/family with health, treatment, and/or social services […] reduce costs to health care system and improved health outcomes; and reframing addiction” (CFOE, 2018, p. 18). Top concerns included: “negative impact on reputation or image of community; decrease in safety (personal, children); and increase in drug selling/trafficking in the area” (CFOE, 2018, p. 22). To address these issues, community members recommended the following actions: “provide information about the goals and benefits of SCFs; evaluate services, share and respond to results of the evaluation; establish a community body and/or community feedback mechanism/process to identify and respond to emerging issues/for accountability” (CFOE, 2018, p. 26). Community members also indicated that additional services, including but not limited to addiction services, medical support, and withdrawal management should be provided at SCF sites (CFOE, 2018, p. 30). In general, participants advised that SCFs should be located away from “schools, parks, residential areas, children, as well as away from areas where there is commercial, tourist and entertainment activity” (CFOE, 2018, p. 7). Participants suggested that sites be accessible via public transit, located “where drug activity occurs/where people who use drugs are; facility that is discreet, offers privacy yet is visible, has safety features like lighting; ensuring the safety of clients, staff, and the neighbourhood” (CFOE, 2018, p. 7). The CFOE also collected feedback on site selection criteria and potential locations for SCFs within the Old East Village, SOHO, East Hamilton, and Downtown/Core neighbourhood. 547 survey respondents (25%) self-identified as living in the Downtown/Core, Old East Village, SOHO, or East Hamilton neighbourhoods. Over 200 people attended consultations or focus groups in one of those four areas. Overall, the most common site suggestions were: the area around Dundas and Adelaide, the vicinity of Dundas and Richmond, and the vicinity of Horton and Wellington (see Figure 13). Fourteen to twenty-six participants suggested locating a SCF within a block of the subject lands. CFOE solicited feedback about locating a SCF in the neighbourhood from community members to identify specific concerns and potential site selection criteria. 487 Core/Downtown community members responded to survey questions and 38 Core/Downtown community members attended a consultation session on locating a


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SCF in or near downtown London. Identified considerations to keep in mind about the neighbourhood include: the diverse population (in terms of ages and stages of life); the high population of people struggling with addiction, mental health, homelessness, and poverty; the planned revitalization of Dundas Street; the large amount of foot and automobile traffic; current issues with loitering, drug use, and discarded needles; and the social services and needle exchange that are already located in the neighbourhood. Community members stated that the following site selection criteria should be considered: accessible by public transit and accessible for emergency vehicles; the appearance of the building (discreet, private, nice façade); away from residential and commercial areas; space for a community room to decrease loitering; and safety factors (including lighting and traffic levels). Community members also suggested applying a “needs-based approach” to the site selection process, in order to reach the largest amount of people (CFOE, 2018, p. 42). Additional factors to consider included: the potential negative impacts on the area (exacerbating current issues and stigmatizing the area); potential positive impacts (helping people, reducing discarded needles); operational issues (site maintenance, hours of operation, safety); balancing the needs of businesses, residents, and people with addictions; and advertising the site so people will know about it and use it (CFOE, 2018, p. 42).


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Suggested Locations for Supervised Consumption Facilities

Source: CFOE, 2018 Based on the community consultation process, the CFOE made eight recommendations for SCFs in London: 1. Ensure site location is accessible and welcoming to potential clients and

respects the immediate neighbourhood context; 2. Implement and operate from a base of evidence and best practices, and

commit to ongoing evaluation; 3. Be equipped to serve diverse groups of clients with varying needs; 4. Respect neighbourhood needs and concerns; 5. Communicate, educate, and train; 6. Develop strong partnerships and commit to system shift; 7. Continue to work with the “bigger picture” in mind; and 8. Develop and implement a comprehensive implementation strategy.


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First Community Liaison Meeting for 186 King TOPS, March 14, 2018 MLHU and RHAC hosted the first Community Liaison Meeting for business owners, property owners, and residents living within 120 metres of the Temporary Overdose Prevention Site (186 King Street) on March 14, 2018. MLHU and RHAC invited attendees to share any initial positive or negative experiences relating to TOPS.

City of London Planning Services Community Information Meeting, March 21, 2018 On March 21, 2018, the City of London hosted a community public meeting to seek input on draft Official Plan policy and Zoning By-law regulations for SCFs and TOPS.

Neighbourhood Information Meeting for 446 York Street, April 26, 2018 On April 26, 2018, the MLHU held a public meeting regarding the proposed SCF at 446 York Street. Property owners, business owners, and residents located within 120 metres of 446 York Street were invited to learn more about SCFs and share their concerns or questions about the site location. Attendees at this meeting were provided with study findings demonstrating that SCFs help save lives, prevent the spread of disease, reduce health care expenditures, and can help improve neighbourhoods. Attendees were also given an update on the success of the TOPS, the role of community partners, a review of the site-specific public consultation feedback, and a floor plan of the proposed site. The meeting also provided an overview of the facility’s proposed operational model, as well as an opportunity to hear community concerns, discuss measure that could be taken to mitigate those concerns, and establish a system for ongoing communication with the community. Attendees brought up concerns about security, loitering on or near the proposed site, aftercare space capacity; and proximity to H.B. Beal Secondary School.

Second Community Liaison Meeting for 186 King TOPS, May 30, 2018 MLHU and RHAC hosted the second Community Liaison Meeting for business owners, property owners, and residents living within 120 metres of the TOPS site on May 30, 2018 to discuss issues related to TOPS, including de-escalation training for business owners and who businesses should call for support.


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Community Information Meeting for the Proposed Zoning By-law Amendment to Permit a SCF at 446 York Street, July 25, 2018 The MLHU, RHAC, and MBPC hosted a community open house on July 25, 2018 with local property owners, business owners, and residents to describe the planning proposal, planning process, and operational management plans for the proposed Supervised Consumption Facility at 446 York Street. MLHU and RHAC mailed notices to property owners, business owners, and residents within 250 metres of the proposed site on Wednesday, July 11 (see Appendix 4 for a copy of the notice). It is important to note that this meeting fulfilled the requirements for Neighbourhood Consultation for Supervised Consumption Facilities and Temporary Overdose Prevention Sites, as outlined in Section 6.5.5 of Official Plan Amendment No. 680 for the City of London’s Official Plan, and Policy 1099_d of the London Plan (both currently under appeal). The meeting was not required for the Zoning By-law Amendment application to add a “clinic” as a permitted use at 446 York Street. The information meeting was organized in an “open house” style, with poster boards providing information about the planning process, the approvals and site selection process, the neighbourhood and regional context, TOPS, needle recovery, community safety, and wrap-around supports (all poster boards are included in Appendix 5). At least 44 people attended. Sign-in sheets from the meeting are included in Appendix 6. A representative from the City of London Planning Department was also in attendance. Attendees were invited to share their questions and concerns about the proposed clinic at 446 York Street with representatives from the MLHU, RHAC, MBPC, and the City of London and/or provide written comments. Comments could also be emailed to [email protected], an email address specifically established to receive public input. All of the comments received at or after this meeting are included in Appendix 7. The following table summarizes the comments received, as well as RHAC and MLHU’s responses. Many attendees expressed support for locating a SCF at 446 York Street, citing TOPS’ success in saving lives, potential decreases in public injecting, and research that demonstrates the benefits of SCFs. Some attendees also expressed concerns about SCFs and the proposed site, such as: proximity to H.B. Beal Secondary School, apartment buildings, and local businesses; possible increases in petty crime near the site; and the need for rehabilitation services. Attendees suggested that regular meetings with residents and business owners may help the MLHU and RHAC identify and address concerns associated with the SCF.

mailto:[email protected]


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Twenty-one comments were submitted at, or as a result of, the Community Information Meeting on July 26, 2018, and many comments discussed more than one issue. MLHU, RHAC, and MPBC aggregated the comments by theme in order to respond to community questions and concerns. The comments and responses are presented in Table 2, below.

Comments Received

Number of Comments Received Proponent Responses from MLHU, RHAC, and MBPC

In favour of a SCF at 446 York Street "I support the location" 11

Need to save lives/address public health concerns

9 Injection drug use and the opioid crisis have created a significant public health crisis in London. Supervised Consumption Facilities play a key role in reducing the public health risks of injection drug use among persons who inject drugs (PWID), emergency responders, waste management staff, and the general public.

SCFs can lead to a decrease in public injecting

1 In places where SCFs have been established, there has been a marked decrease in the number of used and discarded needles in the places they used to be found.

Against a SCF at 446 York Street "446 York Street is not an appropriate location"

4 MLHU and RHAC have been working in conjunction with numerous other community partners, London Police Services, and various levels of government (including the City of London) in developing criteria to guide the location of SCFs. 446 York Street was chosen as a potential location for SCFs after an extensive community consultation process that began in March 2016 with the Ontario Integrated Supervised Injection Services Feasibility Study. PWID who participated in the feasibility study identified the areas of Dundas & Adelaide and Downtown London as preferred locations for a SCF. 446 York Street is located within a short walk of those two areas (which are also hot spots for improperly discarded sharps). The Centre for Organizational Effectiveness facilitated a community consultation process from November to December 2017 to provide information to Londoners about SCFs, and obtain feedback on benefits, concerns, and site location suggestions. Community members also provided feedback regarding what a SCF should include in order to be effective and acceptable to the community. These consultations included online survey input from over 2000 people, in-person consultations with over 400 participants, and targeted focus groups with service providers, Indigenous agencies and individuals, and people who inject drugs. The focus groups included specific consultations in some of the affected neighbourhoods, including downtown London, South of Horton (SoHo), Old East Village (OEV), and Hamilton Road. Fourteen to twenty-six people who participated in the Centre For Organizational Effectiveness consultation suggested locating a SCF within a block of the subject lands. Key recommendations from these public consultations included: 1. Ensure site location is accessible and welcoming to potential clients and respects the immediate neighbourhood context. 2. Implement and operate from a base of evidence and best practices, and commit to ongoing evaluation. 3. Be equipped to serve diverse group of clients with varying needs. 4. Respect neighbourhood needs and concerns. 5. Communicate, educate, and train. 6. Develop strong partnerships and commit to system shift. 7. Continue to work with the “bigger picture” in mind. 8. Develop and implement a comprehensive implementation strategy. MLHU and RHAC considered all of these recommendations when they collaborated with several other agencies to open the first provincially-sanctioned Temporary Overdose Prevention Site (TOPS) at 186 King Street in February 2018 in order to help address public health concerns about injection drug use until federal approval for a permanent SCF could be obtained. These recommendations are also being used to guide the development of the SCF model and location selection for permanent SCF sites in London. 446 York Street was selected after an extensive review of several properties. MLHU and RHAC identified 120 York Street and 372 York Street as potential sites for a SCF, but those locations were abandoned when lease negotiations failed. MLHU and RHAC ultimately determined that 446 York Street was the most feasible location for a SCF, based on the building’s characteristics, proximity to the downtown core and Old East Village, proximity to addictions support services, and minimal conflicts associated with surrounding land uses. (continued on next page)


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Comments Received

Number of Comments Received

Proponent Responses from MLHU, RHAC, and MBPC

"446 York Street is not an appropriate location", continued

The proposed location at 446 York Street is located in close proximity to the Men’s Mission & Rehabilitation Centre emergency shelter where many of those experiencing homelessness are also battling addictions. The location is located in such a way that it can support clients from OEV, Downtown and SoHo. The site is separated from sensitive land uses such as the Childreach parent support and resource centre (approximately 250 metres south of the site, across the CN Rail tracks), H.B. Beal Secondary School (about a 400 metre walk from the subject lands), and Catholic Central High School (about a 400 metre walk from the subject lands). The larger front yard setback of the building provides an improved degree of privacy for clients accessing the site. The 3,800 square foot floor plate can provide ample space to deliver wrap-around support services in partnership with interested agencies, and is complementary to the rehabilitation services offered at the Men’s Mission across the street. Finally, the site meets the City of London's criteria for appropriately locating SCFs in locations that meet the needs of those who they are designed to serve and locations that avoid land use conflicts. (These criteria were approved by City Council in May 2018, and are currently under appeal.)

The process to select a permanent SCF site followed the evaluation criteria set by London City Council: 1. Locations that meet the needs of those who they are designed to service i. Within close proximity to, or near, communities where drug consumption is prevalent ii. Well serviced by transit iii. Discrete, allowing for reasonable privacy for those using the facility iv. Separated from busy pedestrian-oriented commercial areas v. Separated from public spaces that generate pedestrian traffic or may generate large crowds from time to time vi. Close to an area with other drug addiction related support services

2. Locations that avoid land use conflicts i. Separated from busy commercial areas or active public spaces that could generate conflicts between the general public and those leaving supervised consumption facilities after consuming ii. Separated from parks iii. Separated from key pedestrian corridors within the Core Area iv. Separated from public elementary or secondary school properties v. Separated from municipal pools, arenas and community centres and the Western Fairgrounds vi. Not within the interior of a residential neighbourhood Supervised consumption facilities should be designed to: • Incorporate Crime Prevention Through Environmental Design (CPTED) principles • Meet provincial regulations, the policies of this plan, and municipal by-laws relating to accessibility • Orient building entrances to allow for reasonably discrete entry and exit • Ensure that building waiting areas and vestibules are adequately sized to avoid line-ups or waiting outside of the building • Allow for easy visual surveillance of the facility and its surrounding site from the street • Avoid opportunities for loitering, such as the installation of seating areas or landscape features that can be used for seating

The partners who are leading the work on establishing a Supervised Consumption Facility are committed to respecting neighbourhood needs and concerns. Not only was this respect a key recommendation from the public consultation process for the SCF application process, but it is also a basic principle of good public service to consider the expressed values of the community when planning new services. To this end, the public consultation input to date and the Council policy on siting of Supervised Consumption Facilities have been top of mind throughout the site selection process.

Objecting to location because of proximity to apartment buildings

3 MLHU and RHAC will work with London Police, community partners, and property owners to mitigate and address potential negative impacts associated with the SCF at 446 York Street. RHAC and MLHU will meet at least once per year with property owners, residents, and business owners within 250 metres of the site to discuss and address issues as they arise. Concerns may also be brought to RHAC and MLHU's attention at any time.


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Comments Received


Concerns about safety, increases in crime

3 London Police will patrol the area on a regular basis, and there will be a private team security on site. MLHU and RHAC will partner with the City's NeighbourGood London program to conduct community-led Neighbourhood Safety Audits around SCFs. Neighbourhood Safety Audits are designed to support residents to identify the safety concerns in their neighbourhood and develop a plan of action to increase safety for all. There are effective policies and procedures in place at the Temporary Overdose Prevention Site, including a client code of conduct (which addresses loitering, trafficking or purchasing of drugs, and behaviour in/around the site), washroom provision, critical incident policy, psychosis management, de-escalation training, management of escalating aggressive behaviour, and prohibition from accessing the SCF, based on behaviour. Clients who attend the Supervised Consumption Facility wait approximately 10-15 minutes in the waiting room prior to entering the supervised consumption room. The average amount of time spent in the consumption area is 15-20 minutes prior to the client then moving to the aftercare room. Clients spend approximately 15-20 minutes in the aftercare room in order to ensure that help is available during the period of greatest risk for overdose. With a typical visit averaging 40-50 minutes, clients remain in the facility during the height of their intoxication, which contributes to improved public order in adjacent areas. A code of conduct that outlines the client’s rights and responsibilities, including the responsibilities to create and maintain a safe place; to respect property and privacy of others in the site and to follow the reasonable direction of staff. At the proposed SCF at 446 York Street, staff will generally deal with client issues that may arise using de-escalation strategies (policies and procedures). Staff will contact police should a situation become unmanageable. A Crime Prevention Through Environmental Design (CPTED) analysis has been completed for the site area, which includes a review of the external site, site illumination, signage, emergency response, and the interior site design. The CPTED report noted that the site location has very strong natural surveillance, meaning that members of the public can easily observe activity in and around the site, and call emergency services if an incident arises. In accordance with the CPTED report, enhanced fencing, upgraded exterior lighting, security cameras, and bollards will be installed to address safety and security issues. Additional security measures will include security cameras, alarm door entry, and keys fobs for controlled entry. Lyndon Security Services will be on site 7 days a week for 8 hours a day while the site is open. The site will be open to public from 9:30 am to 8 pm (with staff huddles from 9 – 9:30 am and last injection at 8 pm).

Concerns about proximity to schools

2 Due to the density of development and the variety of land uses within and around the downtown core, it is difficult to find a location that is completely separated from all sensitive land uses, including schools. However, 446 York Street is located at a reasonable distance from the entrances to Catholic Central High School and H.B. Beal Secondary School. There are many pedestrian and vehicle route options in the area, so students, teachers, and parents will not have to walk or drive past the SCF when travelling to either high school. SCF staff will encourage clients to take the safest possible route to the facility and emphasize the importance of not being a nuisance to neighbours. The Code of Conduct will also address this issue. The on-site security team will also conduct daily neighbourhood patrols to prevent any SCF-related nuisances from affecting the neighbourhood. Catholic Central High School, and its associated fenced-in track and football field, is located approximately 300 metres directly north of the site (“as the crow flies”). The entrance to Catholic Central High School is about a 400 metre walk from 446 York Street. H.B. Beal Secondary School is located approximately 200 metres directly northeast of the site (“as the crow flies”), but the entrance to the school on King Street is about a 400 metre walk from the subject lands. The H.B. Beal fenced-in track and football field is located approximately 95 metres east of the site. The field may draw pedestrian traffic or crowds during sports events. However, the closest vehicle and pedestrian entrance to the field and spectator bleachers (as well as the surface parking lot associated with H.B. Beal) is an approximately 260 metre walk northeast of the site on King Street. The entire sports field (including the bleachers) are fenced in with a chain link fence, which means that SCF clients will not be able to take a shortcut through the field to access the SCF, nor loiter there at any time of day. The main entrance to the surface parking lot associated with H.B. Beal is an approximately 450-metre walk from the subject lands. The parking lot is fenced in along York Street, which will discourage pedestrians from walking through the parking lot. The closest elementary school to 446 York Street is St. Mary Choir Catholic Elementary School, which is a 900-metre walk east of the subject lands.

Concern about proximity to businesses

2 MLHU and RHAC will work with London Police, community partners, and property owners to mitigate and address potential negative impacts associated with the SCF at 446 York Street. RHAC and MLHU will meet at least once per year with property owners, residents, and business owners within 250 metres of the site to discuss and address issues as they arise. Concerns may also be brought to RHAC and MLHU's attention at any time. It should be noted that TOPS staff have fostered friendly and productive relationships with business owners in close proximity to the Temporary Overdose Prevention Site in order to minimize the negative impacts on nearby businesses.

York Street is too busy 2 The site is separated from public spaces that generate pedestrian traffic or draw large crowds. There is a controlled intersection at York Street and Maitland Street, half a block from the site.

Concerns about building design

2 The site design will follow the City of London's Design Guidelines for SCFs and incorporate CPTED principles. The design of the site will discourage loitering. No benches, shade, or other amenities will be provided in the surface parking lot at the front of the building. Access will be provided through an entry and exit lobby at the front of the building. No extensive exterior modifications to the building or are proposed, other than necessary security additions (security cameras, enhanced fencing, upgraded exterior lighting, and bollards in front of the building).

Concern about decreasing property values

1 There is no evidence that SCFs decrease property values.

Concerns about drawing in impaired individuals to the areas

1 Research has found that PWID will only travel a few blocks to use health services, including SCFs. The SCF will be located in an area where PWID are known to frequent. Evidence from the discarded needles map, the CPTED Report, and community consultations show that this area is a hotspot for drug use.


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Comments Received


Concerns about short- and long-term negative impacts

1 MLHU and RHAC will work with London Police, community partners, and property owners to mitigate and address potential negative impacts associated with the SCF at 446 York Street. To address short-term impacts, SCF staff will conduct several sweeps around the building per day to pick up any litter or discarded items, and to discourage people from loitering. Security will be on site during opening hours, and the London Police Service will conduct foot patrols in the area. RHAC and MLHU will meet at least once per year with property owners, residents, and business owners within 250 metres of the site to discuss and address any short- or long-term issues as they arise. Concerns may also be brought to RHAC and MLHU's attention at any time.

Concerns about needle-exchange services

1 RHAC and the MLHU provide sterile injection supplies (including needles) to clients to reduce the significant health risks associated with sharing or re-using needles (including the transmission of HIV, Hepatitis C, and iGAS). About 60% of the distributed needles are recovered by RHAC. RHAC also provides small sharps containers for clients so they can dispose of their needles in a safe manner. MLHU's Community Emergency Response volunteers do needle sweeps in different zones within the City of London three times per week. The City of London Parks and Recreation Department collects needles regularly on public property. They can be contacted for needle recovery on public property twenty-four hours a day, seven days a week. SCFs provide people with a safe and clean place to use drugs. In places where SCFs have been established, there has been a marked decrease in the number of used and discarded needles in the places they used to be found.

General Comments

Communications-related suggestions (posting a contact number, annual meetings for property owners)

1 MLHU and RHAC are committed to an ongoing community consultation process with residents, property owners, and business owners near SCFs. The City of London requires at least one community meeting per year for residents, property owners, and business owners within 120 metres of a SCF or TOPS, but MLHU and RHAC have already gone above and beyond this requirement for the TOPS site in Downtown London. Within the first six months of TOPS opening, RHAC and MLHU have hosted two Community Liaison meetings with business owners, property owners, and residents to proactively address community concerns. A Consultation Plan is included in the Planning Application for 446 York Street.

Questions about additional policing/security in the area

1 MLHU and RHAC continue to work with London Police Services to address potential negative impacts associated with supervised consumption facilities. LPS will conduct regular patrols in the area.

Questions about opportunities for neighbourhood renewal

1 The City of London will continue to work with community partners to support opportunities to revitalize the area.

Put a SCF in every neighbourhood

1 The MLHU and RHAC recognize that drug use affects people in all neighbourhoods in London and from all walks of life. 446 York Street was chosen as a location because community members, PWIDs, and service providers identified a pressing need for this service near Downtown London and the Old East Village, because public injecting is far more common in these areas than in other areas of London.

Need for rehabilitation services instead of SCFs

1 The SCF at 446 York Street will provide wrap-around supports, including rehabilitation services, to clients. At TOPS, RHAC and MLHU already work with community and emergency services to provide services for those seeking to stop or reduce their drug usage, and these resources will also be provided at 446 York Street. Once clients have accessed services at a SCF there are opportunities to connect and build relationships with staff and service providers, including treatment services, at the SCF. At the Temporary Overdose Prevention Site, Addiction Services Thames Valley provides support in the Aftercare room. When clients are ready or interested in moving towards addiction treatment, staff are there to connect that person to treatment services. Addictions Services of Thames Valley treatment services including but not limited to: Addictions Supportive Housing; Addiction Transitional Case Management (helping clients make the transition from a hospital to the community); Community Opioid Addiction Program; Heartspace (a program for women who are pregnant, parenting children age six and under, and experiencing problematic substance use); Substance Abuse programs; Substance Abuse Outreach Programs; TeleWithdrawal & Crisis Support Programs; and Fresh Start (helping Ontario Works participants address problematic substance use and return to the workforce). Many clients have had difficulty navigating the health care system for many reasons (i.e. no health card, mistreatment by a health care provider or organization, stigma, mistrust). Clients have provided feedback on the health care system, with many stating that they have had negative experiences in a hospital and therefore refuse to go to a hospital unless taken by ambulance. A SCF in a hospital would not be a place that is accessible, comfortable or “feels safe” for a client to attend. Currently in Middlesex London the cost of treating infective endocarditis, iGas, Hep C and HIV is costing our health care system about $250 million a year. Operationally, a SCF costs about $1.1-1.2 million a year, and prevents the spread of many of the above diseases and infections. SCFs also prevent deaths, which cannot be quantified in cost. Harm reduction is linked to recovery and addictions treatment. Often harm reduction activities lead to a decision to seek more help to end addiction. Rehabilitation centres are suitable when a client is ready and seeking that service.

Note: 21 comments were submitted, and most comments discussed more than one issue.


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Letters of Support Received MLHU has also received letters of support from community members, organizations, and business owners regarding the proposed SCF at 446 York Street. The following organizations have expressed support for SCFs in London (generally and/or at 446 York Street specifically): Big Brothers Big Sisters of London and Area, Southwest Ontario Aboriginal Health Access Centre, London & Middlesex Housing Corporation, London Bridge Child Care Services, the London Chamber of Commerce, Mission Services of London, and the Congregation of the Sisters of St. Joseph in Canada. All letters received by MLHU in support of the SCF at 446 York Street are included in Appendix 8.

Future Consultation MLHU and RHAC are committed to an ongoing community consultation process with residents, property owners, and business owners near SCFs. Brian Lester, the Executive Director of RHAC, will be the designated contact person for the proposed SCF. In the proposed Official Plan criteria for TOPS and SCFs (currently under appeal), the City of London requires at least one community meeting per year for residents, property owners, and business owners within the surrounding community. MLHU and RHAC have already gone above and beyond this requirement for the TOPS site in Downtown London. Within the first six months of TOPS opening, RHAC and MLHU hosted two Community Liaison meetings with business owners, property owners, and residents to proactively address community concerns. A detailed plan for future consultation can be found in Appendix 9.


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2. DEVELOPMENT PROPOSAL The proposed Supervised Consumption Facility will be located within the existing building at 446 York Street. At the time of submission, the Council-adopted policies regarding Supervised Consumption Facilities were under appeal. In order to permit the proposed development, a site-specific Zoning By-law Amendment is proposed to add a clinic, to facilitate a SCF, as a permitted use to the current Restricted Service Commercial 4 (RSC 4) zoning at 446 York Street, thereby creating a new Restricted Commercial 4 Special Provision (RSC 4(_)) zone. The proposed SCF will provide a safe venue for people to consume pre-obtained illicit drugs and other substances in a clean and safe environment in the presence of a nurse or other health care professional utilizing sterile supplies and proper disposal facilities. The conceptual floor plan and site plan for the 353 square metre (4,876 square foot) building are included in Appendix 10. The conceptual site plan is also shown in Figure 14, and the conceptual floor plan is shown in Figure 15, below. The City of London’s proposed Site and Facility Design Requirements for Supervised Consumption Facilities and Temporary Overdose Prevention Sites, outlined in Policy 1099_c of the London Plan and Policy 6.54 of the London Official Plan (both currently under appeal) guided the development vision for this location. The Site and Facility Design Requirements are intended to ensure that the principles of Crime Prevention Through Environmental Design (CPTED) are incorporated into the site design to minimize safety threats and disruptions that may arise, while allowing for discrete entry and exit for clients. These policies are discussed in greater detail in Section 6.2, below. Clients will enter the building through a front door into an entry and exit lobby. A visit to the facility begins with an intake assessment performed by a nurse or other healthcare professional in a private office. Clean needles will be provided through the Needle & Syringe Program room, located beside the waiting area. Clients will enter one of five consumption booths to consume the drugs they brought to the site, under the supervision of healthcare professionals. After consumption, clients will be invited to stay in the aftercare area for a short time, so staff are able to monitor and treat any potential drug overdoses. Washrooms and foot and handwash stations must be provided for clients to use. The building will also include a secured warehouse for supplies, a truck loading dock, a staff lounge, and offices for staff to provide wraparound supports. The existing exit


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on the west side of the building is proposed to be closed off with drywall over the door, with all ingress and egress occurring from the front of the building. Apart from fencing for the east and west sides of the parking lot and bollards in front of the building, minimal exterior site alterations are proposed. A chain link fence will run along the western lot line beside the building, from the rear lot line the to lot line of the adjacent property to the west. A a chain-link gate will prevent people from accessing the alley on the west side of the building. Metallic wrought iron-style fences will extend along the western and eastern lot lines from the front of the building to the northern boundary of the York Street road widening allowance. The fence will be 1.8 metres in height from the chain link fence to the corner of the adjacent building to the west, and step down at that point to a lower height of 1.2 metres. The fence will extend out to the southern edge of the property limit. The interior rooms meet the Ontario Ministry of Health and Long-Term Care’s design standards for Supervised Injection Services. According to the Ministry, the assessment room should accommodate an interviewer workstation and a client, and be at least 100 square feet in area. The assessment room in the proposed SCF is 107.6 square feet. The Ministry recommends at least 240 square feet of space for six injection booths, plus an observation area of 130 square feet for supervisor staff. The proposed SCF includes a 376 square foot (35 m2) injection space and a 139.9 square foot (13 m2) observation area. The Ministry recommends a space of 120 square feet for the post-consumption aftercare area. The proposed aftercare area has an area of 333.7 square feet (31 m2).


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446 York Street Conceptual Site Plan

Source: EPA, 2018


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Conceptual Floor Plan

Source: EPA, 2018


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3. PLANNING FRAMEWORK The following section will provide an overview of the existing planning framework, identify the key policies that relate to the subject lands, and discuss what amendment is required to permit the proposed development. More detailed analysis and justification for the proposed amendment is provided in in Section 6 of this report.

3.1 City of London Official Plan

446 York Street Schedule A of the City of London’s Official Plan designates the subject lands as “Office/Residential” (see Figure 16). The subject lands are located just east of the “Downtown Area” and west of a “Community Facility” area. There is an “Auto-Oriented Commercial Corridor” to the southeast, and a rail corridor one block south of the subject lands running parallel to York Street, with “Light Industrial” uses south of the rail line. Office/Residential designated areas serve as transition areas between intensive commercial developments in the Downtown, and residential neighbourhoods. The main permitted uses include offices and residential uses within mixed-use buildings or complexes. Clinics are permitted as a secondary use in the Office/Residential designation. The site fronts onto York Street, an Arterial Road, as described in Schedule C –Transportation Corridors (see Figure 17). The City of London has designated a 13.0 metre road widening dedication from the centre line on York Street. The existing building on the site is located approximately 38 metres from the centre line of York Street. There are no Natural Heritage Features or Natural Resources and Hazards on or near the subject lands.


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– Excerpt of Schedule ‘A’ Land Use, City of London Official Plan

Source: Schedule ‘A’ Land Use, City of London

– Excerpt of Schedule ‘C’ Transportation, City of London Official Plan

Source: Schedule ‘C’ Transportation Corridors, City of London


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Supervised Consumption Facilities On May 22, 2018, City Council approved Official Plan Amendment No. 680 for Chapter 6 of the City of London’s Official Plan so that “supervised consumption facilities… may be permitted within any land use designation, subject to a zoning by-law amendment and all of the policies of this Plan”. This amendment is currently under appeal and is therefore not in force and effect. According to Amendment No. 680, SCFs should be appropriately located at: 1. Locations that meet the needs of those who they are designed to serve

i. Within close proximity to, or near, communities where drug consumption is prevalent ii. Well serviced by transit iii. Discrete, allowing for reasonable privacy for those using the facility iv. Separated from busy pedestrian-oriented commercial areas v. Separated from public spaces that generate pedestrian traffic or may generate large crowds from time to time vi. Close to an area with other drug addiction related support services

2. Locations that avoid land use conflicts

i. Separated from busy commercial areas or active public spaces that could generate conflicts between the general public and those leaving supervised consumption facilities after consuming ii. Separated from parks iii. Separated from key pedestrian corridors iv. Separated from elementary or secondary school properties v. Separated from municipal pools, arenas and community centres and the Western Fairgrounds vi. Not located within the interior of a residential neighbourhood

Policy 6.5.5 of Official Plan Amendment No. 680 requires that a community meeting be held before submitting an application for a Zoning By-law Amendment to permit a SCF. A notice should be circulated to property owners, business owners, and residents within a minimum of 120 metres of the proposed site. Policy 6.5.6 also requires that a conceptual site plan be submitted as part of the application for a Zoning By-law Amendment.


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3.2 London Plan

446 York Street The London Plan, currently under appeal, designates the subject lands as being located within the “Neighbourhoods” place type (See Figure 18, with subject lands outlined in red). Small-scale community facilities, mixed-use, and commercial uses are permitted in appropriate locations in the “Neighbourhoods” Place Type. The subject lands are located approximately one-and-a-half blocks east of the “Downtown” place type. The lands to the north along King Street are designated as a “Rapid Transit Corridor”. The lands to the east and south are designated as “Neighbourhoods”, with a “Commercial-Industrial” place type located approximately one block southeast of the subject lands along the south site of York Street. A rail line runs parallel to York Street one block south of the subject lands, with “Light Industrial” and “Urban Corridor” place types located south of the rail line. The subject lands front onto York Street, which is classified as a “Civic Boulevard” on Map 3 – Street Classifications in the London Plan (see Figure 19). The nearest intersections are at York Street and Burwell Street, as well as York Street and Maitland Street. Burwell and Maitland Streets are classified as “Neighbourhood Streets”. King Street, to the north, is classified as a “Rapid Transit Corridor”. The site is near two proposed Rapid Transit Stations at the corners of King Street and Adelaide Street North, as well as King Street and Waterloo Street. There are no Natural Heritage Resources on or near the subject lands. The site is located within The Forks subwatershed, which is designated as “Riverine Erosion Hazard Limit for Unconfined Systems” in Map 6 of the London Plan.


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– Excerpt from Map 1 – Place Types, the London Plan

Source: Map 1—Place Types, the London Plan

– Excerpt from Map 3 – Street Classifications, the London Plan

Source: Map 3—Street Classifications, the London Plan


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Supervised Consumption Facilities On May 22, 2018, City Council approved Official Plan Amendment No. 679 to establish Policy 1099_a in Section 1091 – Policies for Specific Uses within the Institutional Place Type of the London Plan so that “Supervised Consumption Facilities and Temporary Overdose Prevention sites may be permitted within any Place Type, subject to a Zoning By-law Amendment and all of the policies of this Plan”. This amendment is currently under appeal and is not in force and effect. The amendment includes the same locational criteria for SCFs as Amendment No. 680 for the 1989 Official Plan: 1. Locations that meet the needs of those who they are designed to serve

i. Within close proximity to, or near, communities where drug consumption is prevalent ii. Well serviced by transit iii. Discrete, allowing for reasonable privacy for those using the facility iv. Separated from busy pedestrian-oriented commercial areas v. Separated from public spaces that generate pedestrian traffic or may generate large crowds from time to time vi. Close to an area with other drug addiction related support services


i. Separated from busy commercial areas or active public spaces that could generate conflicts between the general public and those leaving supervised consumption facilities after consuming ii. Separated from parks iii. Separated from key pedestrian corridors iv. Separated from elementary or secondary school properties v. Separated from municipal pools, arenas and community centres and the Western Fairgrounds vi. Not located within the interior of a residential neighbourhood

Policy 1099_d of Official Plan Amendment No. 679 requires that a community meeting be held before submitting an application for a Zoning By-law Amendment to permit a SCF. A notice should be circulated to property owners, business owners, and residents within a minimum of 250 metres of the proposed site. Policy 1099_e requires that a conceptual site plan be submitted as part of the application for a Zoning By-law Amendment.


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3.3 City of London Zoning By-Law (No. Z. - 1)

446 York Street The subject lands are currently zoned Restricted Service Commercial RSC2 and RSC4, which permit a range of moderate intensity commercial uses and trade service uses (See Figure 20). Permitted uses include, but are not limited to: automobile repair garages, kennels, repair and rental establishments, dry cleaning and laundry depots, liquor, beer, and wine stores, pharmacies, convenience stores, brewing on premises establishment, personal service establishments, and automobile uses, restricted (meaning an automobile service station, a gas bar, or a car wash).

– Existing Zoning

Source: City of London Zoning Map, 2018


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Clinics The proposed facility meets the definition of “clinic” as established by the City of London’s Zoning By-law. Section 2 of Zoning By-law (No. Z.-1) defines “clinics” as “a building or part thereof, other than a hospital, used by medical doctors, dentists, optometrists, podiatrists, chiropractors and/or drugless practitioners, the practice of health discipline, radiological technicians, registered psychologists and their staff for the purpose of public or private medical, surgical, physiotherapeutic or human health and may include administrative offices, waiting rooms, treatment rooms, laboratories, ophthalmic dispensers, pharmacies, blood donor facilities, specimen collection centres and dispensaries directly associated with the facility, but does not include overnight accommodation or operating rooms and does not include a CLINIC, METHADONE.” The proposed clinic will be a safe venue for people to consume pre-obtained illicit drugs and other substances in a clean environment in the presence of a nurse or other health care professional utilizing sterile supplies and proper disposal facilities.

Supervised Consumption Facilities London City Council passed Zoning By-law No. Z.-1-182671 to add the definition for “Supervised Consumption Facility” to Section 2 – Definitions of the Z.-1 Zoning By-law on May 22, 2018. According to By-law No. Z.-1-182671, a Supervised Consumption Facility is “a facility that has received an exemption from the Controlled Drugs and Substances Act, where people can bring their illicit drugs to consume in a sterile and safe environment. These facilities have equipment and trained staff present to oversee a person’s drug consumption and assist in the event of an overdose or other health risk. These facilities shall offer additional health and counselling related support services. These facilities are intended to provide such services on an ongoing, rather than temporary, basis.” This definition is currently under appeal.

Proposed Zoning By-law Amendment In order to permit the proposed development, a site-specific Zoning By-law Amendment is proposed to add a clinic to the existing list of permitted uses of the existing Restricted Service Commercial 4 (RSC 4) zoning at 446 York Street to facilitate the use of the existing building as a SCF while preserving the existing zoning on the lands for the landowner beyond the use of the site for a SCF. Further details about the proposed Zoning By-law Amendment are included in Section 5.1.


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4. Technical and Background Studies

4.1 Archaeological Assessment City staff have identified 446 York Street as a site having archaeological potential. Staff have further confirmed that an archaeological assessment will only be required if significant ground disturbances are proposed. At this time, no ground disturbances are proposed for the site. Perimeter fencing will be bolted onto curbs along the east and west lot lines. As such, pursuant to discussions with the City’s Heritage Planner, a Stage 1 archaeological assessment was not necessary

4.2 Heritage Impact Assessment 444 York Street is located directly west of the subject lands and is listed on the City’s Heritage Register. In accordance with Policy 565 of the London Plan, a Heritage Impact Assessment is enclosed with the application under a separate cover. The building at 444 York Street is a two-storey brick building constructed in the Italianate architectural style in 1878 (see Figure 21). The building exterior appears to be in good condition. The building is listed as a Priority 3 Heritage Property in the City of London’s Inventory of Heritage Resources data base. According to the Inventory, Priority 3 Heritage Properties “are not often worthy of designation individually. They may have some important architectural features or historical associations, be part of a significant streetscape or provide an appropriate context for buildings of a higher priority.” The Heritage Impact Assessment found that, given the relatively low Heritage Priority Status of 444 York Street, and lack of significant exterior site alterations proposed for 446 York Street, the proposed new use should not have a negative impact on the cultural heritage attributes of 444 York Street. As such, no mitigation measures are proposed at this time. Fencing will be installed on the east and west sides of 446 York Street to prevent clients from accessing the site via neighbouring properties (including 444 York Street). As part of the site operations, MLHU and RHAC will conduct sweeps around 446 York Street multiple times per day to pick up litter on or near the site, and address any loitering issues at 446 York Street and neighbouring properties. Any future site alterations to 446 York Street will be evaluated to ensure that any future


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alterations do not have a negative impact on the cultural heritage attributes of 444 York Street.

444 York Street

Source: MBPC, 2018


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4.3 CPTED Report

Threat Ready, a workplace safety consulting firm, prepared a CPTED Report for the proposed SCF at 446 York Street in September 2018 to assess the site and identify systems or procedures that may pose high-risk concerns for SCF staff, clients, and the general public. The full CPTED Report is included in Appendix 11. Threat Ready visited the site several times to identify security issues and mitigation strategies. They also reviewed the proposed floor plan and data on other SCF locations to provide feedback on interior security measures and staff training. It was noted that the site has very strong natural surveillance from the south, east, and west. Existing tree foliage limits the north natural surveillance to the rear of the building and the west walkway. The building is located directly against the north lot line. The outer portion of the parking lot could also be observed from the north. The report recommended that natural access control and natural territorial reinforcement be provided through fencing on the west and east sides of the parking lot. The fencing will define the preferred site access point and prevent clients from accessing the site via neighbouring properties. The fence design should allow for natural surveillance from neighbouring locations that face in to the parking lot. Access to the alley on the west side of the building should be restricted with industrial-grade fencing and a gate. The barbed wire along the rear fence on the west side of the building will be removed. It was recommended that exterior lighting be upgraded, and a C.C.T.V. system installed. The CPTED report also identified that the train tracks located approximately 110 metres from the subject lands that run parallel to York Street pose a potential risk to clients traveling to and from the site, and those at risk of self-harm. The report recommends that staff remind clients of the risks associated with crossing and using the train tracks in the area. Further mitigation measures are discussed in Section 6.2. MLHU and RHAC will incorporate the recommendations from the CPTED Report into the final site design, as described in Section 2 and Section 6.2.


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5. PROPOSED PLANNING APPROVALS

5.1 Zoning By-law Amendment In order to permit the proposed development, a site-specific Zoning By-law Amendment is proposed to add a clinic to the existing list of permitted uses of the existing Restricted Service Commercial 4 (RSC 4) zoning at 446 York Street to facilitate the use of the existing building as a SCF while preserving the existing zoning on the lands for the landowner beyond the use of the site for a SCF. The Zoning By-law Amendment proposes to rezone the lands FROM Restricted Service Commercial 2 (RSC 2) and Restricted Service Commercial (RSC 4) TO Restricted Service Commercial 2 (RSC 2) and Restricted Service Commercial 4 Special Provision (RSC 4(_)). The Zoning By-law proposes to establish the following site-specific minimum standards for interior areas, based on the recommended design standards for Supervised Injection Services established by the Ontario Ministry of Health and Long-Term Care: 5 square metres (53 square feet) of intake and waiting areas per consumption booth, and 1.9 square metres (20 square feet) of post-consumption area per consumption booth.


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6. PLANNING ANALYSIS

6.1 Provincial Policy Statement The Provincial Policy Statement 2014 (“PPS”) provides policy direction on matters of provincial interest related to land use planning and development. Any decision by a planning authority that requires approval under the Planning Act, “shall be consistent with” policy statements issued under the Act. In brief, the proposed Zoning By-law Amendment is consistent with the following PPS policies: 1. Policy 1.1.1 c): Healthy, livable and safe communities are sustained by:

c) avoiding development and land use patterns which may cause environmental or public health and safety concerns

Injection drug use and a growing opioid crisis have created a significant public health crisis in London. There is a spatial component to this public health crisis. Data on improperly disposed needles collected by London Cares Homelessness Response Services, Downtown London, RHAC, and MLHU show that the downtown core, South of Horton, Old East Village, and Hamilton Road neighbourhoods are currently experiencing moderately high degrees of injection drug use (MLHU Report 026-18). Figure 22 shows a heat map of where the London Cares Street Outreach Team has found improperly discarded sharps between 2016 and 2017, with more sharps found in the darker-shaded areas. The SCF will provide a safe space for PWID to inject drugs, thereby reducing the frequency of public injecting and the number of discarded needles found on public and private property, which are a serious public health and safety concern for all Londoners.


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Improperly Discarded Sharps in the City of London, 2016 to 2017

Source: London Cares Street Outreach Team The proposed SCF at 446 York Street will provide an essential public health service for PWID in the downtown core, SoHo, and Old East Village, and the site meets the City of London’s locational criteria for SCFs. According to the City of London’s Official Plan Amendments 679 and 680 (currently under appeal) SCFs should be situated in locations that meet the needs of those who they are designed to serve, and locations that avoid land-use conflicts. Section 6.2 provides a full description of how 446 York Street meets those locational criteria. In brief, 446 York Street is within close proximity to communities where drug use is prevalent; separated from busy pedestrian-oriented commercial areas and public spaces; and located within a fifteen-minute walk of seven different social services. Due to the density of development and the variety of land uses within and around the downtown core, it is difficult to find a location that is completely separated from all sensitive land uses. However, 446 York Street is


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located at a reasonable distance from schools, parks, key pedestrian corridors, and community centres. MLHU recognizes that some members of the local community are concerned that activities associated with the proposed SCF at 446 York Street may generate public health and safety concerns in the surrounding area. However, Supervised Consumption Facilities play a key role in reducing the public health risks of injection drug use among PWID and the general public. According to the Supervised Injection Services Feasibility Study Report, “rigorous evaluation of SIS [Supervised Injection Sites] have show that negative impacts of this kind [public disorder, crime, exacerbating community drug use patterns] have not occurred” (Ontario HIV Treatment Network, 2017). MLHU and RHAC are working closely with the London Police Service and community partners to address and mitigate any safety concerns that may arise from SCF operations. London Police will patrol the area on a regular basis, and there will be private security on site during operating hours. There is a zero-tolerance policy for drug dealing in the area and on the site. Clients remain in the facility during the height of their intoxication, which contributes to improved public order in adjacent areas. At the Temporary Overdose Prevention Site on King Street, there are effective policies and procedures in place to address potentially problematic client behaviour, including loitering, trafficking or purchasing of drugs, and behaviour in/around the site. A code of conduct outlines the client’s rights and responsibilities, including the responsibilities to create and maintain a safe place; to respect property and privacy of others in the site and to follow the reasonable direction of staff. The same policies and procedures will be employed at the proposed SCF at 446 York Street. 2. Policy 1.6.5: Public service facilities should be co-located in community hubs,

where appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation.

The PPS defines “public service facilities” as “land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, and cultural services”. The proposed SCF will provide healthcare services for PWID, some of the most vulnerable people in London. MLHU and RHAC will provide wraparound supports on site to address addictions, mental


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health, wound care, and Indigenous supports. 446 York Street was selected as a location for a SCF because it is within a twenty-five-minute walk of many social services that can provide additional support to PWID in London, including: the Men’s Mission & Rehabilitation Centre, the Salvation Army Centre of Hope, Regional HIV/AIDS Connection, Addiction Services Thames Valley, London Cares, Middlesex-London Health Unit, Southwest Ontario Aboriginal Health Access Centre, Atlosha Indigenous Shelter, and London Intercommunity Health Centre. The subject lands are located one block east of the downtown core, in a location that is suited to serve clients from the Old East Village, Downtown, and SoHo (South of Horton) neighbourhoods, which are currently experiencing moderately high rates of injection drug use. It is anticipated that most clients will walk to the SCF, so MLHU and RHAC selected a site that is accessible via public transit and active transportation. The #7 bus route travels eastbound and westbound along York Street. There are sidewalks along York Street and all other streets in the surrounding neighbourhood. There are marked crosswalks at the controlled intersections of York and Maitland, York and Colborne, and Maitland and King. There are marked bicycle routes running northbound and southbound on Colborne Street, and a marked bicycle lane running west to east on King Street. As is outlined above, the proposed amendment is consistent with the Provincial Policy Statement.


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6.2 City of London Official Plan Schedule ‘A’ of the City of London’s Official Plan designates the subject lands as “Office/Residential”. The subject lands are just east of the “Downtown Area” and west of a “Community Facility” area. There is an “Auto-Oriented Commercial Corridor” to the southeast, and a rail line one block south of the subject lands running parallel to York Street, with “Light Industrial” uses south of the rail line. Transportation Schedule ‘C’ designates York Street as an Arterial Road. Schedules ‘B1’ and ‘B2’ indicate that there are no Natural Heritage Features or Natural Resources and Hazards on or near the subject lands. Office/Residential designated areas serve as transition areas between intensive commercial developments in the Downtown, and residential neighbourhoods. The main permitted uses include offices and residential uses within mixed-use buildings or complexes. Clinics, pharmacies, and emergency care establishments are also permitted as secondary uses. In the Office/Residential designation, clinics are listed as a permitted secondary use, so an amendment to the Official Plan is not necessary. In May 2018, London City Council passed Official Plan Amendment No. 680, which indicates that “supervised consumption facilities… may be permitted within any land use designation, subject to a zoning by-law amendment and all of the policies of this Plan”. Amendment No. 680 also sets out locational criteria for SCFs. This amendment is currently under appeal to the LPAT and is; therefore, not in force and effect. Notwithstanding these appeals, this report includes an explanation as to how the proposed site meets the locational criteria approved by Council, as listed below. 1. Locations that meet the needs of those who they are designed to serve i. Within close proximity to, or near, communities where drug consumption is prevalent

According to the Supervised Injection Service (SIS) Feasibility Study Report for London, 83% of PWID study participants reported that they would walk to access a supervised injection service (or SCF), and 53% would take a bus.2 Therefore, it is essential that a SCF be located within walking distance of the communities where drug consumption is prevalent. The subject lands are located one block east of the downtown core, in a location that is suited to serve clients from the Old East Village, Downtown, and SoHo (South of

2 Participants could select more than one response.


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Horton) neighbourhoods, which are currently experiencing the highest rates of injection drug use (MLHU Report 026-18). Many PWID in London report that they frequently inject drugs in the Old East Village and Downtown. Of the PWID who participated in the London Supervised Injection Services Feasibility Study, 53% stated that in the past six months, they injected drugs most often in the Old East neighbourhood (the Dundas and Adelaide area). Of all respondents, 26% stated that they had most often injected drugs in the downtown area (Ontario HIV Treatment Network, 2017). The site is located within close proximity to areas of London where large numbers of discarded sharps have been found, as shown in Figure 21 above.

ii. Well serviced by transit

According to the SIS Feasibility Study, 53% of PWID respondents would take a bus to access a supervised injection site. The London Transit #7 bus route travels eastbound and westbound along York Street. The bus makes eastbound and westbound stops at the corner of York Street and Maitland Street, just steps away from 446 York Street.

iii. Discrete, allowing for reasonable privacy for those using the facility

The site design will follow the City of London’s design guidelines for SCFs (see below) by incorporating CPTED principles of natural surveillance, natural access control, and natural territorial reinforcement while respecting the privacy of people who use the facility. Access to the building will be provided through an entry and exit lobby at the front of the building to prevent clients from queuing outside while waiting for services. There will be no windows in the waiting area or any client service areas. Benches or other amenities will not be provided in the surface parking lot in front of the building, to discourage loitering. A private security team will be continually patrolling the site to ensure that people do not loiter on the site before or after accessing services.

iv. Separated from busy pedestrian-oriented commercial areas

The site is located within an Office/Residential area, with very few pedestrian-oriented commercial businesses located near the site.


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v. Separated from public spaces that generate pedestrian traffic or may generate large crowds from time to time

The regional analysis in Section 1.4 shows that the site is separated from high-traffic public spaces. The only public space in the area that may generate large crowds from time to time is the H.B. Beal track and football field, which is located approximately 95 metres east of the site. The field may draw pedestrian traffic or crowds during sports events. However, the closest vehicle and pedestrian entrance to the field and spectator bleachers (as well as the surface parking lot associated with H.B. Beal) is an approximately 260 metre walk northeast of the site on King Street. The entire sports field (including the bleachers) are fenced in with a chain link fence, which means that SCF clients will not be able to take a shortcut through the field to access the SCF, nor loiter there at any time of day.

vi. Close to an area with other drug addiction related support services

446 York Street is located within walking distance of ten drug- and homelessness-related social services, including the Men’s Mission & Rehabilitation Centre homeless shelter, which is located immediately across the street. Table 2 provides a full list of social services below.

Social Service Address Approximate Distance from the Site

Approximate Walking Time

Men’s Mission Shelter 459 York Street Across the street 1 minute The Salvation Army Centre of Hope

281 Wellington Street

1 kilometre southwest 12 minutes

Regional HIV/AIDS Connection

#30-186 King Street

1.1 kilometres west 14 minutes

Addiction Services Thames Valley

200 Queens Avenue

1.3 kilometres northwest 17 minutes

London Cares 186 King Street 1.1 kilometres west 14 minutes Middlesex-London Health Unit

50 King Street 1.6 kilometres west 21 minutes

Southwest Ontario Aboriginal Health Access Centre

427 William Street

650 metres northwest 8 minutes

Atlosha Indigenous Shelter

343 Richmond Street

1.1 kilometre west 14 minutes

London Intercommunity Health Centre

659 Dundas Street

1.0 kilometre northeast 13 minutes


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The SCF at 446 York Street will provide wrap-around supports, including rehabilitation services, to clients. RHAC and MLHU already work with community and emergency services to provide services for those seeking to stop or reduce their drug usage at TOPS, and these resources will also be provided at 446 York Street. At TOPS, Addiction Services Thames Valley provides support in the Aftercare room. Addictions Services of Thames Valley treatment services include but are not limited to: Addictions Supportive Housing; Addiction Transitional Case Management (helping clients make the transition from a hospital to the community); Community Opioid Addiction Program; Heartspace (a program for women who are pregnant, parenting children age six and under, and experiencing problematic substance use); Substance Abuse programs; Substance Abuse Outreach Programs; TeleWithdrawal & Crisis Support Programs; and Fresh Start (helping Ontario Works participants address problematic substance use and return to the workforce). When clients are ready or interested in moving towards addiction treatment, staff are there to connect that person to treatment services.


Due to the density of development and the variety of land uses within and around the downtown core, it is difficult to find a location for a SCF that is completely separated from all sensitive land uses, including busy commercial areas, parks, pedestrian corridors, schools, municipal pools, arenas and community centres.

The CPTED report identified that the train tracks located approximately 110 metres from the subject lands that run parallel to York Street pose a potential risk to clients traveling to and from the site, and those at risk of self-harm. The report recommends that staff remind clients of the risks associated with crossing and using the train tracks in the area. It is important to note that PWID who visit an SCF report that they do so because they want to use drugs in a safe place so that they do not harm themselves, and therefore clients are unlikely to threaten self-harm. If a client or visitor does threaten self-harm, nurses and RHAC staff on site are trained in de-escalation, and understand when or if it is necessary to contact emergency services to ensure that the client does not harm themselves. There is also contiguous fencing along all private properties along both sides of the rail corridor that will prevent inadvertent access to the rail line through private property.


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MLHU and RHAC engaged in an extensive review of several properties during the site selection process, and ultimately selected 446 York Street as the most feasible and suitable location for a SCF. There are minimal land use conflicts associated with 446 York Street. Any conflicts that arise can be addressed through the client code of conduct, private security on site, and partnerships with the London Police Service.

i. Separated from busy commercial areas or active public spaces that could generate conflicts between the general public and those leaving supervised consumption facilities after consuming

The site is located within an Office/Residential area, with very few pedestrian-oriented commercial businesses located near the site. The regional analysis in Section 1.4 shows that the site is separated from high-traffic public spaces. The only public space in the area that may generate large crowds from time is the H.B. Beal track and football field, which is located approximately 95 metres east of the site. The field may draw pedestrian traffic or crowds during sports events. However, the closest vehicle and pedestrian entrance to the field and spectator bleachers (as well as the surface parking lot associated with H.B. Beal) is an approximately 260 metre walk northeast of the site on King Street. The entire sports field (including the bleachers) are fenced in with a chain link fence, which means that SCF clients will not be able to take a shortcut through the field to access the SCF, nor loiter there at any time of day.

ii. Separated from parks

446 York Street is adequately separated from the two closest city parks, Campbell Memorial Park and Victoria Park. Campbell Memorial Park is the closest park to the site. It is a small park that is an approximately 650 metre walk northwest of the subject lands. Campbell Memorial Park contains a small fenced-in off-leash dog park, some mature trees, and several benches. There is no playground or children’s play area at the park. The next-closest park is Victoria Park, which is located an approximately 1.6 kilometre walk northwest of the subject lands.


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iii. Separated from key pedestrian corridors

446 York Street is located along an auto-dependent corridor, with very few pedestrian-oriented amenities (e.g. shade, benches, a consistent street wall). The site is not located along one of Downtown London’s commercial corridors. It is adequately separated from the Old East Village Commercial Corridor, which begins at the corner of Dundas Street and Adelaide Street (an 850-metre walk northeast).

iv. Separated from elementary or secondary school properties 446 York Street is located at a reasonable distance from the entrances to Catholic Central High School and H.B. Beal Secondary School. There are many pedestrian and vehicle route options in the area, so students, teachers, and parents will not have to walk or drive past the SCF when travelling to either high school. SCF staff will encourage clients to take the safest possible route to the facility and emphasize the importance of not being a nuisance to neighbours. The Code of Conduct will also address this issue. The on-site security team will also patrol the immediate area to prevent any SCF-related nuisances from affecting the neighbourhood. Catholic Central High School, and its associated fenced-in track and football field, is located approximately 300 metres directly north of the site (“as the crow flies”). The entrance to Catholic Central High School is about a 400 metre walk from 446 York Street. H.B. Beal Secondary School is located approximately 200 metres directly northeast of the site (“as the crow flies”), but the entrance to the school on King Street is about a 400 metre walk from the subject lands. The H.B. Beal fenced-in track and football field is located approximately 95 metres east of the site. The field may draw pedestrian traffic or crowds during sports events. However, the closest vehicle and pedestrian entrance to the field and spectator bleachers (as well as the surface parking lot associated with H.B. Beal) is an approximately 260 metre walk northeast of the site on King Street. The entire sports field (including the bleachers) are fenced in with a chain link fence, which means that SCF clients will not be able to take a shortcut through the field to access the SCF, nor loiter there at any time of day. The main entrance to the surface parking lot associated with H.B. Beal is an approximately 450-


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metre walk from the subject lands. The parking lot is fenced in along York Street, which will discourage pedestrians from walking through the parking lot. The closest elementary school to 446 York Street is St. Mary Choir Catholic Elementary School, which is a 900-metre walk east of the subject lands.

v. Separated from municipal pools, arenas and community centres and the Western Fairgrounds

446 York Street is adequately separated from municipal pools, arenas, and community centres, and the Western Fairgrounds. There are no municipal pools or arenas located within a 1-kilometre radius of the subject lands. The Western Fairgrounds are located approximately 1.3 kilometres to the east. In regards to non-profit community centres, the Childreach parent support and resource centre is located approximately 250 metres south of the site, across the CN Rail tracks. Community Living London, a non-profit organization that supports people with developmental disabilities and their families, is located an approximately 650-metre walk northwest of the site. The YMCA Centre Branch is located an approximately 650-metre walk northwest of the subject lands. It is anticipated that the proposed SCF will have minimal impacts on these facilities.

vi. Not located within the interior of a residential neighbourhood 446 York Street is located along an Arterial Road in an Office/Residential area, not within the interior of a residential neighbourhood. According to Section 5.3 of the 1989 London Official Plan, “the main permitted uses in the Office/Residential designation shall be offices and residential uses within mixed-use buildings or complexes; apartments; small scale stand alone offices and office conversions”. The Official Plan also permits a wide range of non-residential secondary uses, including personal services; financial institutions; convenience stores; day care centres; pharmacies; laboratories; clinics; studios; and emergency casite re establishments. The wide range of permitted uses is reflected in the variety of land uses near 446 York Street. The site is located near a financial service office, an automobile dealership, a homeless shelter, a high-rise apartment building, and numerous residential-to-office conversions.


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Site and Facility Design Criteria This section describes how the proposed SCF meets the site and facility design criteria for supervised consumption sites, as outlined in Section 6.5.4 of Official Plan Amendment No. 680. These criteria are under appeal, but were considered and incorporated into the site design process. “Supervised consumption facilities and temporary overdose prevention sites should be designed to:

i. Incorporate the Crime Prevention Through Environmental Design (CPTED) principles of natural surveillance, natural access control, and natural territorial reinforcement

Threat Ready prepared a CPTED Report for the proposed SCF at 446 York Street to assess the site and identify systems or procedures that may pose high-risk concerns for SCF staff, clients, and the general public. The full CPTED Report is included in Appendix 11, and a brief summary is provided in Section 4.3. Natural access control and natural territorial reinforcement will be provided through fencing on the west and east sides of the parking lot to define the site access point and prevent clients from accessing the site via neighbouring properties. The fencing between the front of the building and York Street will be metallic, and designed to look like wrought iron. It will step down in front of adjacent land uses to prevent casual cut-throughs but provide an openness and comfortable aesthetic along the streetscape and pedestrian environment, and step up at the rear of the site to prevent access to and from the site from neighbouring properties. The fence design will allow for natural surveillance from neighbouring locations that face in to the parking lot. Access to the alley on the west side of the building will be restricted with industrial-grade fencing and a gate. Exterior lighting will be upgraded, and a C.C.T.V. system will be installed. Bollards will be installed south of the building face as an additional security measure.


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ii. Meet provincial regulations, the policies of this plan, and municipal by-laws relating to accessibility

Provincial and municipal by-laws relating to accessibility have been considered and incorporated into the site plan. The site is accessible.

iii. Orient building entrances to allow for discrete entry and exit while ensuring visual surveillance and safety

There will be one main entrance and exit on the south side of the building, facing York Street. The interior lobby and waiting area will ensure that clients do not need to queue outside while waiting for services. Visual surveillance sight lines into the parking lot from the east, south, and west will be preserved. The apartment tower on the west side of the building allows for elevated visual surveillance of the site from the apartment balconies.

iv. Allow for easy visual surveillance of the facility and its surrounding site from the street

The proposed fencing will not block visual surveillance lines from York Street. A portion of the site is also visible from Burwell Street to the west.

v. Avoid opportunities for loitering, such as the installation of seating areas or landscape features that can be used for seating There will be no seating or any other pedestrian amenities installed outside of

the building in the asphalt parking lot. vi. Ensure that interior waiting areas and vestibules of the facility are adequately sized to avoid line-ups or waiting outside of the building

The interior lobby and waiting area will be adequately sized to ensure that clients do not need to queue outside while waiting for services. The entry and exit lobby has an area of 16 square metres (172.2 square feet), and the waiting area has an area of 22 square metres (236.8 square feet), with an additional intake area of 10 square metres (107.6 square feet). The waiting area is designed to accommodate eight people.


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vii. Through the Zoning By-law amendment process establish a minimum intake and waiting area per consumption booth, and a minimum post-consumption area per consumption booth to be established on the Zoning By-law.

A Zoning Data Sheet which identifies the proposed standards for interior areas is included in Appendix 12. The Zoning By-law will establish the following site-specific minimum standards for interior areas, based on the design standards recommended by the Ontario Ministry of Health and Long-Term Care: 5 square metres (53.8 square feet) of intake and waiting areas per consumption booth, and 1.9 square metres (20 square feet) of post-consumption area per consumption booth.

Based on the above analysis, the proposed development concept conform to the City of London Official Plan, as well as the proposed policies regarding Supervised Consumption Facilities.


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6.3 London Plan The London Plan, currently under appeal, designates the subject lands as being located within the “Neighbourhoods” place type. Small-scale community facilities, mixed-use, and commercial uses are permitted in appropriate locations in “Neighbourhoods”. According to Table 10 in the Neighbourhoods Place Type policies, small-scale community facilities and emergency care establishments are permitted on properties that front onto a Civic Boulevard and intersect with a Neighbourhood Street. As the London Plan policies are under appeal and therefore not in force and effect, no Official Plan Amendment for the London Plan would be required to permit a clinic at 446 York Street. In May 2018, London City Council passed Official Plan Amendment No. 679, which permits SCFs “within any Place Type, subject to a Zoning By-law Amendment and all of the policies of this Plan”. Amendment No. 679 sets out the same locational and site design criteria for SCFs as Official Plan Amendment No. 680 for the 1989 London Official Plan. Section 6.2, above, includes detailed explanations for how the proposed SCF site meets the criteria established in the Official Plan Amendments. It is noted that Amendment No. 679 is currently under appeal to the LPAT, and is therefore not in force and effect.

6.4 City of London Zoning By-law The subject lands are currently zoned Restricted Service Commercial RSC2 and RSC4, which permit a range of moderate intensity commercial uses and trade service uses. Permitted uses include, but are not limited to: automobile repair garages, kennels, repair and rental establishments, dry cleaning and laundry depots, liquor, beer, and wine stores, pharmacies, convenience stores, brewing on premises establishment, personal service establishments, and automobile uses, restricted (meaning an automobile service station, a gas bar, or a car wash). It is important to note that many of these land uses that are permitted as-of-right in the Zoning By-law provide potential negative impacts to the current land use fabric. For example, automobile repair garages, kennels, and repair and rental establishments can generate significant amounts of noise at all hours of the day. A SCF is not an environmentally hazardous use, unlike automobile repair garages, automobile service stations, gas bars, and dry cleaning and laundry depots.


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Zoning By-law No. Z.-1-182671 proposed the addition of definitions for “Supervised Consumption Facility” and “Temporary Overdose Prevention Site” to Section 2 – Definitions of the Z.-1 Zoning By-law. These definitions are under appeal and therefore not in force and effect. In order to permit the proposed development, a site-specific Zoning By-law Amendment is proposed to add a clinic to the existing list of permitted uses of the existing Restricted Service Commercial 4 (RSC 4) zoning at 446 York Street to facilitate the use of the existing building as a SCF.


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7. CONCLUSION There is currently a declared public health emergency in London regarding opioid use and injection drug use. This problem is particularly prevalent in certain areas of the City, as identified by PWIDs, community members, and data showing the locations of discarded sharps. A SCF or clinic where people may safely inject drugs and access rehabilitation, homelessness, and mental health resources is a vital part of a harm reduction strategy to address injection drug use. After a thorough site selection and public consultation process, 446 York Street was proposed as a SCF. The site meets the proposed location requirements for SCFs: locations that meet the needs of those who they are designed to serve, and locations that avoid land-use conflicts.

London City Council has also previously endorsed 446 York Street as a “potential” location for a permanent supervised consumption site. Since the Official Plan and Zoning By-law policies regarding SCFs are currently under appeal, a site-specific Zoning By-law Amendment is proposed to add a special provision to the existing Restricted Service Commercial 4 (RSC 4) zoning to allow a clinic as a permitted use at 446 York Street to facilitate the use of the existing building as a SCF in accordance with the existing Official Plan policy. The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement, conforms to the 1989 City of London Official Plan, the approved by appealed London Plan, the approved but appealed Official Plan Amendments No. 679 and 680, and maintains the general intent and purpose of the City of London Zoning By-law, and represents sound land use planning. Respectfully Submitted, MONTEITH BROWN PLANNING CONSULTANTS Jay McGuffin, MCIP, RPP Vice President / Principal Planner [email protected] HS/JMc


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8. REFERENCES CBC News. Temporary overdose prevention site to stay open as province extends funding. 2018, September 28. https://www.cbc.ca/news/canada/london/temporary-overdose-prevention-site-christine-elliott-1.4843085 Centre for Organizational Effectiveness. Supervised Consumption Facilities: Community Consultation Summary Report. 2018. City of London. Official Plan. 1989, as amended. City of London. Zoning By-law Z. -1. 2011, as amended. City of London. London Plan. 2016, as amended. Government of Canada. Harm Reduction: Canadian Drugs and Substances Strategy. 2018. https://www.canada.ca/en/health-canada/services/substance-use/canadian-drugs-substances-strategy/harm-reduction.html Government of Canada. Supervised Consumption Sites Explained. 2018. https://www.canada.ca/en/health-canada/services/substance-use/supervised-consumption-sites/explained.html#a6 Government of Ontario. Ontario Heritage Act. 1990. Government of Ontario. Planning Act. 1990. Middlesex-London Health Unit. Report No. 032-14. The Impact of Prescription and Non-Prescription Drug Use in Middlesex-London. 2014, May 15. Middlesex-London Health Unit. Report No. 040-16. Persons Who Inject Drugs in Middlesex-London: An Update. 2016, June 16. Middlesex-London Health Unit. Report No. 054-17. Incident Management System (IMS) Activated to Enhance Response to Community Drug Crisis. 2017, October 19.

https://www.cbc.ca/news/canada/london/temporary-overdose-prevention-site-christine-elliott-1.4843085

https://www.cbc.ca/news/canada/london/temporary-overdose-prevention-site-christine-elliott-1.4843085

https://www.canada.ca/en/health-canada/services/substance-use/canadian-drugs-substances-strategy/harm-reduction.html

https://www.canada.ca/en/health-canada/services/substance-use/canadian-drugs-substances-strategy/harm-reduction.html

https://www.canada.ca/en/health-canada/services/substance-use/supervised-consumption-sites/explained.html#a6

https://www.canada.ca/en/health-canada/services/substance-use/supervised-consumption-sites/explained.html#a6


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Middlesex-London Health Unit. Report No. 027-17. Enhancing Harm Reduction Services to Increase Access to Clean Needles and Other Supplies. 2017, May 18. Middlesex-London Health Unit. Report No. 026-18. Update: Supervised Consumption Facilities. 2018, May 17. Ministry of Municipal Affairs. Provincial Policy Statement. 2014. Ontario HIV Treatment Network. Ontario Integrated Supervised Injection Services Feasibility Study. 2017, February.


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9. APPENDICES


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Appendix 1 List of Sites Considered for an SCF

• 120 York Street • 372 York Street • 200 Queens Avenue • 171 Queens Avenue • 299-231 Dundas Street • 338 Dundas Street • 379 Dundas Street • 123 St. George Street • 627 Maitland Street • 295 Waterloo Street • 551 York Street • 499 Hill Street • 640-644 Dundas Street • 714 York Street • 390 King Street – Units 111-115 • 50 King Street • 275 Colborne Street • 323 Horton Street • 496 Dundas Street • 215 Dundas Street


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Appendix 2 Pre-Application Consultation


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Appendix 3 Centre For Organizational Effectiveness Report


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Appendix 4 July 25 Community Information Meeting Notice


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Appendix 5 Poster Boards from July 25 Community

Information Meeting


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Appendix 6 Sign-In Sheets From Public Meeting


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Appendix 7 Comments from Public Meeting


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Appendix 8 Letters of Support Received from the Public


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Appendix 9 Public Consultation Plan


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Appendix 10 Conceptual Floor Plan and Site Plan


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Appendix 11 Crime Prevention Through Environmental

Design Report


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Appendix 12 Zoning Data Sheet

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