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RFD- 3322 Bylaws   Item #   9. a.    
Regular Council Meeting Agenda
Meeting Date: 05/28/2018  
Title:    C-1027-17 - Second Reading - Land Use Bylaw Amendment - Cannabis Business Regulations - 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: Spruce Grove is known as an event hosting destination.

Information
Request for Decision Summary
The purpose of this Request for Decision is to seek Council's support for second reading of Bylaw C-1027-17, which would amend the Land Use Bylaw for the purpose of regulating cannabis related businesses. 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
The main motion below was moved by Councillor Oldham at the May 14, 2018 regular council meeting. A subsidiary motion was made under the authority of section 76(b) of Bylaw C-724-09 - Council Procedure Bylaw, to refer the item to administration to incorporate Council input. The main motion as stated below remains on the floor and is now brought forward for debate. 

 
Moved by Councillor Oldham that second reading be given to bylaw C-1027-17 – Land Use Bylaw Amendment - Cannabis Related Business. 

Should Council wish to incorporate the proposed amendments into the bylaw, an amending motion would be in order as follows:

 
That the motion be amended to add the words ‘as amended’ following the phrase "Cannabis Related Business".

 
Background/Analysis
City Council held a statutory public hearing for Bylaw C-1027-17 on May 14, 2018, in accordance with the Municipal Government Act. During consideration of the bylaw, Council referred the bylaw to administration for further refinement, specifically requesting the following changes:
  • Amend the separation distance between cannabis sales Uses from 300.0 m to 200.0 m;
  • Amend the separation distance to the closest site line of a school and associated joint use area from 300.0 m to 100.0 m; 
  • Amend the separation distance to the closest point of a Recreation Establishment, Indoor Site from 300.0 m to 100.00;
  • Amend the separation distance to the closest point of a public library Site from 300.0 m to 100.0 m;
  • Amend the separation distance to the closest point of a Child Care Facility Use from 100.0 m to 25.0 m;
  • Change the maximum operating hours for Cannabis Sales to be 10:00 a.m. to 2:00 a.m. daily;
  • Amend the setback to properties in residential districts from 100.0 m to 25.0 m;
  • Remove Section 80D(5)(b) relating to sign restrictions;
  • Add Cannabis Sales as a discretionary use in the M1 General Industrial District; and,
  • Restrict cannabis sales uses in the C1 City Centre District between Queen Street and King Street.
The intent of the changes is to allow greater flexibility in the siting and operation of cannabis sales uses, while establishing separation distances that mitigate potential impacts to sensitive uses. The requirement to restrict cannabis sales uses between King Street and Queen Street in the City Centre Commercial District is proposed to provide time for administration and consultants to finish development of the City Centre Area Redevelopment Plan and establish amending Land Use Bylaws. The latter process would establish appropriate land uses for key frontages, at which time administration, Council and stakeholders will have a better understanding of what is trying to be achieved in this core area of the City Centre.

A map depicting the consolidated buffers to sensitive uses is attached to this report and a map showing the area proposed in the C1 City Centre District where cannabis sales would be prohibited is also attached separately.

A full report to City Council, including legislative history and reasons for minimum setbacks to sensitive uses, was included in the May 14, 2018 agenda.
 
Options/Alternatives
N/A
Consultation/Engagement
The bylaw was referred  to the City Centre Business Association and the Chamber of Commerce. Advertising has occurred in two issues of the newspaper per the Municipal Government Act, as well as posted on the City's website. A duly notice public hearing was held on May 14, 2018.

The City has also been maintaining a cannabis sales interest list, notifying stakeholders of milestones as they occur.
Implementation/Communication
In addition to traditional communication means, the City has developed a webpage devoted to the cannabis regulations development process. Amendments adopted by Council will be sent to interested parties and placed on the City's cannabis website.

The Planning and Development Department will be responsible for implementing the bylaw once it is adopted.
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
Bylaw C-1027-17 Second Reading (Amended)
Map of Sensitive Use Setbacks - Second Reading
Map of C1 District Cannabis Sales Prohibited

City Council and Committee of the Whole agendas and minutes are posted on the City of Spruce Grove website for information purposes only. These agendas may be changed at the discretion of Council by the addition or deletion of items. Anyone reviewing the draft agenda should do so on the understanding that it is subject to change by Council.

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Audio from the most recent City Council and Committee of the Whole meetings are available via podcast on the City of Spruce Grove website.



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