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RFD- 3260 Bylaws   Item #   9. a.    
Regular Council Meeting Agenda
Meeting Date: 03/12/2018  
Title:    C-1034-18 - Second and Third Readings - Land Use Bylaw Text Amendment - Cannabis Related Use Moratorium - Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: Where People Choose to Live - A dynamic city with an exceptional quality of life Related Goal: Citizens feel safe within their communities.

Information
Request for Decision Summary

This Request for Decision seeks Council’s approval of second and third readings of Bylaw C-1034-18 for a Land Use Bylaw text amendment application that provides for a moratorium on cannabis related uses until such time as the federal and provincial governments have approved their legislation related to recreational cannabis.

This amendment is being brought forward by Administration to address potential risk issues. 

 


Proposed Motion
That second reading be given to Bylaw C-1034-18- Land Use Bylaw Text Amendment - Cannabis Related Use Moratorium.

That third reading be given to Bylaw C-1034-18- Land Use Bylaw Text Amendment - Cannabis Related Use Moratorium.
Background/Analysis
Planning has been receiving an inordinate number of phone calls and emails from prospective applicants requesting approval of recreational cannabis related development prior to the release of federal and provincial legislation that will ultimately provide regulatory direction to the City. 

Administration is concerned that there may be risk to the City if an applicant finds a loophole in the existing Land Use Bylaw that would allow them to proceed with the development of a business related to cannabis sales and use. 

For example, administration was recently approached for consideration of a "Cannabis Consultation" business that intends to provide a service to individuals to understand the effects of certain strains of cannabis and consumption methods and make recommendations. The business would not have medical staff in-house and would not meet the requirements for medical marijuana under federal legislation. The definition of Health Services within the City's Land Use Bylaw limits the provision of health services by licensed practitioners only so the use does not fit within this definition. 

Notwithstanding, Administration is concerned that there is a risk that a recreational cannabis related use will try to fit themselves into an existing use class and potentially convince the Subdivision and Development Appeal Board they fit.  As such, the City's legal counsel has recommended that prohibiting any recreational cannabis related uses until it is legalized and provincial regulation and licensing requirements are clarified will substantially address this risk and give administration the necessary time to draft appropriate Land Use Bylaw regulations. 

Administration will bring forward for Council's consideration Land Use Bylaw amendments in the coming months. These future amendments will delete the reference to a moratorium and provide for new regulations for cannabis related uses.
Options/Alternatives
N/A
Consultation/Engagement
A statutory public hearing was held prior to the bylaw's second reading. The public hearing will be advertised in the Spruce Grove Examiner as per requirement in the Municipal Government Act and posted on the City's website. Any questions or comments regarding the development was addressed at the public hearing.
Implementation/Communication
If approved, the text of the Land Use Bylaw will be updated and posted on the City's website
Impacts
Prohibiting any cannabis related uses until it is legalized and provincial regulation and licensing requirements are clarified will reduce risk to the City and will provide administration the necessary time to draft appropriate Land Use Bylaw regulations for future consideration of Council.
Attachments
Bylaw C-1034-18 Land Use Bylaw Amendment

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