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RFD- 3338 Bylaws   Item #   9. f.    
Regular Council Meeting Agenda
Meeting Date: 06/11/2018  
Title:    C-1027-17 - Third Reading - Land Use Bylaw Amendment - 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 seek Council's support for third 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
 
That third reading be given to  Bylaw C-1027-17 – Land Use Bylaw Amendment - Cannabis Related Businesses, as amended 
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. On May 28, 2014, Council made the following amendments and gave the bylaw second reading:
  • 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;
  • Remove Section 80D(3) relating to hours of operation;
  • 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 for Sites that have frontages McLeod Avenue or Main Street.
The above changes are reflected in the third reading version of the bylaw, which is attached to this report. 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.

The bylaw has been amended since second reading in order to change the effective date the bylaw will come into force. Administration has approached the City's solicitor to discuss possibilities of approving development permits prior to legalization with specific conditions. The City's solicitor has reviewed a proposed process and has indicated that draft process is legal under the Cannabis Act and the Municipal Goverment Act. With this new information, Administration is proposing the bylaw come into force on July 18, 2018, which is the earliest date that the Planning and Development Department is prepared to receive and review development permit applications. Prior to that time, the intake process will be finalized to ensure fairness for applicants and the City will communicate the intake process in mid-June.

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 noticed 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-1027-18 - Third Reading
Sensitive Use Setbacks Map
Cannabis Sales Restrictions in the C1 City Centre District

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