PUBLIC MEETING AGENDA THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT MUNICIPAL OFFICE COUNCIL CHAMBERS AUGUST 21, 2014, 5:30 P.M.

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1 PUBLIC MEETING AGENDA THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT MUNICIPAL OFFICE COUNCIL CHAMBERS AUGUST 21, 214, 5:3 P.M. 1. Call Meeting to Order 2. Agenda a) Introduction of Amendments to the Agenda b) Confirmation of Agenda 3. Declarations of Pecuniary Interest 4. Applications A. Zoning By-law Amendment No Medical Marihuana Production Facilities Applicant: Municipality of Sioux Lookout a. Introduction and Overview: Zoning By-law Amendment No This is a Public Meeting convened under Section 34 of the Planning Act, R.S.O. 199, as amended, to consider a Zoning By-law Amendment. The purpose of Zoning By-law Amendment No is to: 1) Add regulations and definitions with regard to Medical Marihuana Production Facilities to the Municipality of Sioux Lookout Zoning By-law No b. Confirmation of Notice The Planning Administrator will confirm how Notice was served to advertise this Public Meeting. c. Staff Report The Planning Administrator will provide a summary of the application. d. Correspondence from Government Agencies and Municipal Staff The Planning Administrator will read out any correspondence received from Government agencies and Municipal Staff.

2 Public Meeting Agenda Page 2 August 21, 214 e. Correspondence from Members of the Public The Planning Administrator will read out any correspondence received from members of the public. f. Applicant's Presentation The Applicant or a Representative is invited to speak to the application. g. Questions or Comments from Members of Council and the Public i. Questions from Members of Council ii. Questions from members of the public Members of the public are invited to speak to the application. The public can ask questions of clarification or seek background information, speak in support of the application or speak in opposition to the application. All questions will be directed through the Chair. It is requested that only one question be asked at a time. Please identify yourself before you ask your question so that you can be properly recorded in the Minutes of the Meeting. h. Conclusion and Closing of Public Meeting This concludes the Public Meeting regarding Zoning By-law Amendment No If any member of the Public wishes to be notified of the decision of Council in respect of the application, you must make a written request to the Planning Administrator. Notice to appeal the decision of Council to the Ontario Municipal Board must be filed with the Planning Administrator no later than 2 days from the date the Notice of the decision is circulated. The Notice of Appeal shall be sent to the attention of the Planning Administrator and it must include the following information: The reasons for the appeal; and The fee as prescribed under the Ontario Municipal Board Act in the amount of $125. payable by certified cheque to the Minister of Finance, Province of Ontario. Only individuals, corporations or public bodies may appeal the decision of Council to the Ontario Municipal Board. An appeal may not be filed by an unincorporated association or group. A Notice of Appeal may be filed in the name of an individual who is a member of the association or group. 5. Motion to Adjourn

3 Return to Agenda THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT - STAFF REPORT TO: FROM: Council Pat Uren, Planning Administrator , Ext 2234 planning@siouxlookout.ca MEETING DATE: August 21s\ 214 Carried Defeated Withdrawn Consent YES NO Deferred Referred to: Resolution No. File Code: 2-1 -a... Notes: SUBJECT: Medical Marihuana Production Facilities Municipality-wide Zoning By-law Amendment RECOMMENDATION A recommendation has not been drafted, a public meeting will be held at the August 21 st. 214 Council Meeting. PURPOSE To add regulations and definitions with respect to Medical Marihuana Production Facilities to Zoning By-law No BACKGROUND A Zoning By-law Amendment has been processed to include regulations with respect to defining where medical marihuana production facilities are permitted, to provide definitions for licensed medical marihuana production facilities and to establish regulations for this new use in the Zoning By-law. The Municipal role in this process is to evaluate the future location of medical marihuana production facilities as a legal venture looking to locate in the Municipality and to mitigate possible adverse land use impacts on citizens and local communities. As this matter falls within federal jurisdiction, municipalities cannot regulate who may receive a license to grow and distribute medical marihuana. However, the regulations acknowledge that municipalities can develop zoning by-laws to prescribe appropriate locations where these facilities may be located. As applicable: Approved for submission by Supervisor -,-,--..,..--- Approved for submission by Department Head Approved for submission by CAO c::----

4 -.. This will be a Municipality-wide Zoning By-law Amendment that will serve to implement Health Canada's new Marihuana for Medical Purposes Regulations regarding the future location of these facilities in the Municipality. The amendment will introduce new zoning provisions which generally include the following: 1. Provide new definitions pertaining to Cannabis, Medical Marihuana and Medical Marihuana Production Facilities; 2. Specify the appropriate zones where a Medical Marihuana Production Facility may be permitted ; 3. Provide criteria for which a Medical Marihuana Production Facility may be established; and 4. Other amendments to the Zoning By-law, as required. Supporting material attached includes the Draft Zoning By-law Amendment and Mapping showing Rural, Natural Resource, Heavy Industrial, Light Industrial and Highway Commercial areas within the Municipality. A formal Notice of Intent was received by the Municipality in December of 213 from a local resident with respect to their intent to pursue licensing through Health Canada for a Medical Marihuana Production Facility. Health Canada will contact the Municipality towards the end of the review period to ask for comments. A formal request from Health Canada has not yet been received. A preliminary report was presented to Council at its May 21st. 214 regular meeting and following discussion, direction was given to Staff to make revisions to the Zoning By-law to permit Medical Marihuana Production Facilities in the Rural, Natural Resource, Heavy Industrial, Light Industrial and Highway Commercial Zones, and to not allow the use in the Open Space or Residential Zones. A second report was presented to Council at its July 16th. 214 regular meeting and direction was given to proceed with an amendment to the Zoning By-law to allow Medical Marihuana Production Facilities in the Rural Zone, Natural Resource Zone, Heavy Industrial Zone, Light Industrial Zone and Highway Commercial Zone. DISCUSSION New Federal Regulations do not permit medical marihuana production facilities to be located within a residential dwelling and the regulations do not permit the retail sale of medical marihuana. The Regulations prescribe stringent security requirements for these facilities, including limitations with respect to the distribution of medical marihuana produced at these sites. 2

5 All of the zones have been evaluated with respect to the impacts that may be associated with a medical marihuana production facility. A discussion of the land use implications from an Official Plan and Zoning By-law perspective for each of the zones is provided below. Mapping is attached identifying the zones and the location of the zones throughout the Municipality. Rural Zone: Land in the Rural Zone is designated as Rural Development in the Official Plan. The intent of the po licies is to permit low density residential uses, hunting and fishing camps, small scale commercial, industrial, agricultural and industrial uses "that service the rural community". The minimum lot size for a Rural lot is 2. hectares or 5 acres. There are Rural Areas in the Alcona/Superior Junction area and in some areas along Highway 664 (Hudson Highway). Natural Resource Zone: Land in the Natural Resource Zone is designated as Natural Resource in the Official Plan. In the Natural Resource Designation, permitted uses include resource-related light industrial uses, tourist operations, agriculture, institutional uses, mineral exploration and a limited number of seasonal residential uses. Heavy Industrial and Light Industrial Zone: Council has directed that Medical Marihuana Production Facilities be permitted in the Heavy Industrial and Light Industrial Zones- mapping has been prepared that identify the properties that are zoned Heavy Industrial and Light Industrial in the Municipality. Lands designated as Industrial in the Official Plan are areas where industrial uses often require large land areas and produce obnoxious fumes, odours and generate heavy truck traffic. Generally there are constraints that are imposed on other uses locating nearby and a buffer is required between these and other uses. These designations provide locations for the clustering of industrial-type uses in the urban area. Highway Commercial Zone: Council has directed that Medical Marihuana Production Facilities be permitted in the Highway Commercial Zone. Highway Commercial properties are primarily located along Wellington Street, along Highway 72 from the MNR Fire Centre to Ojibway Baits and in a few other areas within the Municipality. The proposed regulations will include a large buffer that will address the desire to separate industri al-type uses from sensitive residential or institutional uses. The buffer is also considered adequate to address the possible escape of 3

6 ... fumes or odours. Fumes are not permitted to escape the facility and the buffer is proposed as a means of addressing the nuisance associated with an accidental escape of odours from the facility. Compatibility: In all cases, compatibility is a prime consideration when looking at introducing a new use into the Zoning By-law. Council must consider this when determining where this new use will be permitted. There is always an option of processing a site-specific Zoning By-law Amendment to allow a Medical Marihuana Production Facility in any zone, which would allow the public the opportunity to comment on such a proposal in their neighbourhood. Based on the mapping, there are some areas where a Medical Marihuana Production Facility may not be compatible with the surrounding neighbourhood; and further, based on lot sizes, would not be able to meet minimum setback requirements. In the case of not being able to meet the minimum setback requirements, the development either would not be permitted or the proponent could process a Zoning By-law Amendment. Council Direction: Direction to Staff from Council is to permit a Medical Marihuana Production Facility use in the Rural Zone, Natural Resource Zone, Heavy Industrial Zone, Light Industrial Zone and Highway Commercial Zone. Based on a review by Council, the final zoning recommendations are summarized as follows: 1. Introduce a new definition for "medical marihuana production facility" and amend the current definition for "agricultural use" and "greenhouse" by adding "and shall not include a medical marihuana production facility". 2. Amend Section 4 (General Provisions) by adding zoning prov1s1ons for medical marihuana production facilities to address impacts associated with this use, including a separation distance of 15 metres from residential and institutional zones. 3. Amend Section 4.17, Table 2 - Parking Space Requirement by adding parking provisions for a medical marihuana production facility. 4. Amend Section Natural Resource Zone by adding "medical marihuana production facility" as a listed permitted use. 5. Amend Section Rural Zone by adding "medical marihuana production facility" as a listed permitted use. 6. Amend Section Highway Commercial Zone by adding "medical marihuana production facility" as a listed permitted use. 4

7 7. Amend Section Light Industrial Zone by adding "medical marihuana production facility" as a listed permitted use. 8. Amend Section Heavy Industrial Zone by adding "medical marihuana production facility" as a listed permitted use. RELATIONSHIP TO STRATEGIC PLAN Strategic Pillar 2: Investment Attraction "To foster sustainable economic growth by creating conditions conducive to growing and attracting organizations, businesses and industries". FINANCIAL IMPLICATIONS Costs will include staff time to process the Zoning By-law Amendment, advertising and public consultation costs. Sincerely, C?~ Patricia A. Uren Planning Administrator Attachments 5

8 MEDICAL MARIHUANA PRODUCTION FACILITIES ZONING BY-LAW AMENDMENT 5/214- STATUTORY PUBLIC M EETING THURSDAY, AUGUST 21, 214, 5:3P.M. Site Location: The proposed Zoning By-law Amendment is municipal-wide. It is important to note that amendments are not being considered for Residential Zones as the Federal Government's new Marihuana far Medicinal Purposes Regulations do not permit production sites to be located within private dwellings. It is also important to note that Health Canada's new regulations do not contemplate the over-the-counter retail sale of medical marihuana and have specific limitations with respect to the distribution of such marihuana from licen sed production facilities. Purpose of Zoning By-law Amendment Proposa l: Pursuant to the Marihuana for Medical Purposes Regulations {MMPR}, as released by Health Canada in the Canada Gazette on June 19, 213, licensed commercial medical marihuana production is permitted. Th e Municipal role is to mitigate possible adverse impacts on citizens and the community and to treat these facilities as any new venture looking to set up a business in Sioux Lookout. Proposal Zones: The proposed Zoning By-law Amendment is Municipal-wide, and, if passed, will permit M edical Marihuana Production Facilities (MMPF) in the following Zones: CH Highway Commercial Zone NR Natural Resource Zone M1Light Industrial Zone RU Rural Zone M2 Heavy Industrial Zone Proposal Details: The proposed Zoning By-law Amendment will service the implementation of Health Canada's new regulations regarding medical marihuana production facilities. The Zoning By-law Amendment will clarify existing or implement new zoning provisions within Zoning By-law and may include, and may not be limited to, the following: Clarifying existing definitions or providing new definitions, as applica ble, within the Zoning Bylaw pertaining to medical marihuana production facilities; Clarifying the type of use under which a medical marihuana production facility will be permitted; Identifying appropriate zones for the location of medical marihuana production fa cilities; and Other amendments to the Zoning By-law as required. The Municipality of Sioux Lookout is holding a Statutory Public M eeting regarding proposed Zoning By-law Amendments to identify zon es where medical marihuana production facilities will be permitted. The Zoning By-law Amendments are in respon se to new licensing regulations announced by the Federal Government on June 1, 213. Submission Requirem ents: If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Sioux Lookout before the proposed By-law is passed, the person or public body is not entitled to appeal the decision of the Council of Th e Corporation of the Municipality of Sioux Lookout to the Ontario Municipal Board. If a person or public body does not make oral submissions at a public hearing or make written submissions to the Municipality of Sioux Lookout before the proposed By-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. For further information pl ease contact Patricia Uren, Planning Administrator Municipality of Sioux Lookout at or planning@siouxlookout.ca

9 THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT BY-LAW NO BEING A BY-LAW TO AMEND MUNICIPALITY OF SIOUX LOOKOUT COMPREHENSIVE ZONING BY-LAW NO , AS AMENDED WHEREAS the Council of The Corporation of the Municipality of Sioux Lookout has passed comprehensive Zoning By-law No for the Municipality of Sioux Lookout; and WHEREAS Council deems it advisable and expedient to further amend Zoning By-law No , as amended; NOW THEREFORE, the Council of The Corporation of the Municipality of Sioux Lookout, ENACTS AS FOLLOWS: 1. THAT Zoning By-law No , as amended, is amended as follows: a) Section 3 - Definitions- be amended as follows: i) Adding new definitions as follows: "Medical Marihuana Production Facility" means a federally-licensed facility used for the cultivation, processing, testing, destruction, packaging or shipping of marihuana used for medical purposes as permitted under the federal government's Marihuana for Medical Purposes Regulations or any subsequent legislation which may be enacted in addition to or in substitution thereof'. ii) Amend the definition of 'Agricultural use' and 'Greenhouse' by adding at the end of the definition "but does not include a medical marihuana production facility". b) Section 4, General Provisions Table of Contents is amended by add ing in the following in proper sequential order and renumbering subsequent sections accordingly: MEDICAL MARIHUANA PRODUCTI ON FACILITY c) The following section is added to Section 4, General Provisions and renumbering the following subsections accordingly: MEDICAL MARIHUANA PRODUCTION FAC ILITY One medical marihuana production facility is permitted on a lot zoned for CH Highway Commercial, M1 Light Industrial, M2 Heavy Industrial, NR Natural Resource, or RU Rural use provided all of the following criteria have been met The owner of the property shall provide written authorization to the Municipality of Sioux Lookout of the use of the property as a Med ical Marihuana Production Facility by the operator The owner of the property, at its sole cost, shall enter into an agreement with the Municipality of Sioux Lookout requiring that the owner shall, upon cessation of the medical marihuana production facility use, discontinue the occupancy and use of the property in accordance with the issued production license until such time as change of use permits have been obtained; remove all equipment and material associated with the medical marihuana production facility; return the property and any affected adjacent properties to a condition where the property and adjacent properties may be used for an a alternate lawful

10 --, use; and any further and other acts that the Municipality of Sioux Lookout may require The licensed producer shall provide to the Municipality of Sioux Lookout a copy of a current and valid production licenses issued by Health Canada A medical marihuana production facility shall comply with all applicable zone standards A medical marihuana production facility shall be at least 15 metres from a lot in an institutional or residential zone category or from any public school, private school, place of worship or day nursery The minimum separation distance between medical marihuana production facilities shall be at least 9 metres Despite the required minimum distances noted above, no medical marihuana production facility lawfully established under these provisions shall be deemed to be a violation under this section by the subsequent erection of a residential or institutional use constructed on another lot No outdoor signage or advertising shall be permitted, other than 911 addressing to allow for the location of the property Where a medical marihuana production facility use is located on a lot, no other use shall be permitted on the lot or within the building as a whole Any proposal to permit a medical marihuana production facility in a zone other than the CH Highway Commercial, M1 Light Industrial, M2 Heav}t Industrial, NR Natural Resource, or RU Rural shall require approval of a Zoning By-law Amendment under Section 34 of the Planning Act, R.S.O. 199, c.p.13, as amended, and shall be in accordance with the Medical Marihuana Production Regulations, SOR/ d) Section 4- Table 2, Parking Spaces Requirement be amended as follows: Add Medical Marihuana Production Facility to Table 2 - Provisions -.8 per 1. square feet of gross floor area. Parking Space e) Section 5- Zone Provisions- be amended as follows: A Medical Marihuana Production Facility will be added to the Permitted Uses in the following zones: CH Highway Commercial Zone; M1 Light Industrial Zone; M2 Heavy Industrial Zone; NR Natural Resource Zone; and, RU Rural Zone 2. THAT this By-law shall come into force as provided in the Planning Act, RSO 199, cp13, as amended, and shall be effective from the date of its final passing. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS DAY OF, 214. Dennis Leney, Mayor Mary L. MacKenzie, Clerk

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