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RFD- 3309 Public Hearings   Item #   3. a.    
Regular Council Meeting Agenda
Meeting Date: 05/14/2018  
Title:    C-1027-17 - Public Hearing - Land Use Bylaw Amendment - Regulation of Cannabis Related Businesses - Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan Related Goal: n/a

Information
Request for Decision Summary
The purpose of this Request for Decision is to provide Council with background information on proposed Bylaw C-1027-17- Regulation of Cannabis Related Businesses in order to undertake the statutory public hearing. The bylaw would amend terminology for production facilities to reflect the change from medical marihuana production to licensed cannabis production facilities for recreational use. In addition, administration is proposing regulations to cannabis sales uses that would affect potential business locations and operations. 

Proposed Motion
That Council thank those in attendance for their input.
Background/Analysis
Bill 26, approved by the Alberta Legislature in 2017, will give the municipality broad authority in regulating cannabis sales, including defining appropriate land use districts for the use and determining minimum separation distances to sensitive uses. The municipality also has the ability to regulate how cannabis sales uses operate, including regulating hours of operation, signage, etc. It should be noted that Bill 26 is not yet proclaimed, which is why Bylaw C-1027-17 will come into force upon proclamation of Bill 26. Until that time, the City does not officially have the powers outlined in the legislation and cannabis sales uses are not legal.

Bylaw C-1027-17 introduces new definitions and requirements for cannabis sales uses, including:
  • Establishing cannabis sales uses be allowed as discretionary uses in the City Centre and Vehicle Oriented Commercial Districts.
  • Limiting hours of operation from 10 a.m. to 11 p.m. daily.
  • Requiring specified setbacks to sensitive uses, such as school sites (300 m in PS District, 100 m for commercial sites), municipal playgrounds and outdoor playfields (100 m), child care facilities (100 m), provincial health facilities (100 m), libraries (300 m) and recreational facilities (300 m).
  • Requiring a 100 m setback to residential districts.
  • Establishing a minimum separation distance of 300 m between cannabis sales uses.
  • Establishing signage regulations.
  • Requiring visual interest be maintained for cannabis sales in the City Centre Commercial District.
  • Requiring public entrances and exits have direct access to the outdoors.
When considering separation of cannabis sales from sensitive uses, Council needs to take into account that separation distances are reciprocal. This means that if a cannabis sales use is the first one into an area, and then another use (like child care facilities for illustrative purposes) wants to start operating in that area, then the second use would need to remain the prescribed distance from the cannabis sales use. This is part of the reason that staff is proposing that cannabis sales be considered in the Vehicle Commercial district, as sensitive uses like child care facilities and schools are not permitted in this district. 
 
For additional information, please see the Request for Decision for second reading contained within the May 14, 2018 council agenda.
Options/Alternatives
N/A
Consultation/Engagement
The public hearing was advertised in the Spruce Grove Examiner as per the requirements of the Municipal Government Act and posted on the City's website. Notifications were also sent to the City's cannabis regulations interest list, as well as the Chamber of Commerce and City Centre Business Association.
 
Implementation/Communication
If approved, the Land Use Bylaw will be updated and posted on the City's website, and notifications regarding the adoption of the regulations will be sent to the cannabis regulations interest list.
Impacts
Cannabis related businesses have the potential to negatively impact surrounding uses and the public. Conversely, cannabis related businesses have the potential to bring investment and jobs to the community. The proposed bylaw provides mitigating regulations to anticipated impacts, while trying to leave enough flexibility to allow for economic opportunities from the legalization of recreational cannabis.
Attachments
Public Hearing Advertisement
List of Registered Speakers
Letter from Chamber of Commerce
Public Hearing Submission - Guidinger
Submitted Council Information
Cannabis Municipal Toolkit
Letters Submitted from Public

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