PUBLIC HEARING. Medical Marihuana Bylaw No. 7632, 2014

Transcription

1 PUBLIC HEARING Medical Marihuana Bylaw No. 7632, 2014 To be considered a he February 24, 2014 Public Hearing 6:00 pm in he Ciy Hall Council Chambers *Please noe: For convenience, he conens of his package conains informaion relaive o he Public Hearing. If you have any quesions, please inquire wih Developmen Services saff, or conac

2 PUBLIC HEARING 6:00 pm on February 24, 2014 in Council Chamber Ciy Hall, 511 Royal Avenue, New Wesminser Zoning Amendmen Bylaw No. 7632, 2014 PROJECT DESCRIPTION: An amendmen is proposed o he Zoning Bylaw o permi he growing of medical marihuana in he M-2 Heavy Indusrial Disric. WHAT IS BYLAW No. 7632, 2014 ABOUT? Council is considering amending he Zoning Bylaw o permi he growing of medical marihuana in he M-2 Disric, under cerain condiions. Growing marihuana is currenly permied under he M-5 Ligh Indusrial Disrics and in AG-1 and AG-2 Agriculural zoning disrics. HOW DO I GET MORE INFORMATION? The bylaw and all perinen maerial are available for viewing online a and also in he Planning Deparmen a Ciy Hall 10 business days prior o he Public Hearing, February 6, 2014 o February 24, 2014, Monday hrough Friday (excep sauory holidays) beween 8:30 am and 4:30 pm. HOW CAN I BE HEARD? The public is welcome o aend he Public Hearing on February 24, 2014, or send a wrien submission addressed o Mayor and Council prior o he closing of he hearing.

3 CORPORATION OF THE CITY OF NEW WESTMINSTER Zoning Amendmen Bylaw (Marihuana Producion) No. 7632, 2014 A bylaw o amend Zoning Bylaw No. 6680, 2001 WHEREAS: A. The Council is enabled o zone and o regulae he use and developmen of land; and B. The Council has adoped and wishes o amend Zoning Bylaw No. 6680, 2001 o permi he producion of medical marihuana in he heavy indusrial zoning disric (M-2), o he exclusion of all oher zoning disrics. NOW THEREFORE he Council of he Corporaion of he Ciy of New Wesminser, in open meeing assembled, enacs as follows: Ciaion 1. This bylaw may be cied as Zoning Amendmen Bylaw No. 7632, Amendmens 2. Zoning Bylaw No. 6680, 2001 is amended by adding: (a) as secion he following definiion: MEDICAL MARIHUANA PRODUCTION FACILITY means a faciliy providing for he producion, sorage, processing and disribuion of marihuana, and for which Healh Canada has issued a license under he Marihuana for Medical Purposes Regulaion, SOR , as amended from ime o ime. (b) as secion he following: Medical Marihuana Producion Faciliy provided ha: (a) all operaions relaed o he producion, sorage and processing of medical marihuana mus occur wihin a compleely enclosed building; and (b) he sie on which he Medical Marihuana Producion Faciliy is locaed mus be a leas 60.9 meres (200 fee) from any sie used for a school or for any residenial use. Doc#512333

4 Bylaw No. 7632, (c) renumbering exising secion o READ A FIRST TIME his day of, READ A SECOND TIME his day of, PUBLIC HEARING HELD he day of, READ A THIRD TIME his day of, ADOPTED his day of, MAYOR CORPORATE OFFICER

5 Public Hearing Informaion for Medical Marihuana Bylaw No. 7632, 2014 Repors o Council Repor Auhor Meeing/Documen/Dae Public Hearing Dae # Legislaive Minues Exracs February 24, 2014 R-1 Services Developmen CW, Repor, February 3 February 24, 2014 R-2 Services 2014 Developmen APC, Repor, January 21 February 24, 2014 R-3 Services 2014 Developmen CW, Repor, December 2 February 24, 2014 R-4 Services 2013 Developmen Services CW, Repor, Ocober 7, 2013 February 24, 2014 R-5 Wrien Submissions Name Correspondence Dae Dae Received In Suppor/Opposed / Concerns None o dae. # Legend: APC = Advisory Planning Commission CW = Commiee of he Whole NWDP = New Wesminser Design Panel OH = Open House PH = Public Hearing RM = Regular Meeing Doc # Page 2 Las updaed: February 5, 2014

6 R-1 Minues Exracs Medical Marihuana Bylaw No. 7632, 2014 CW, February l. Proposed Zoning Bylaw Amendmen for he Producion of Medical Marihuana - Bylaw No. 7632, 2014 THAT Council give firs and Second Reading o Zoning Amendmen Bylaw No. 7632, 2014, ha would permi he growing of medical marihuana in he M-2 Heavy Indusrial Disric and ha he Bylaw be forwarded o a Public Hearing. APC, January Producion of Medical Marihuana - Zoning Bylaw Tex Amendmen Barry Wai, Senior Planner, summarized he repor daed January 21, 2014 regarding a proposed amendmen o he Zoning Bylaw ha would permi he growing of marihuana in he M-2 Heavy Indusrial Disric. MOVED and SECONDED THAT CARRIED. All members of he Commission presen voed in favour of he moion. CW, December Producion of Medical Marihuana - Zoning Bylaw Tex Amendmen MOVED and SECONDED THAT Council direc saff o prepare a zoning amendmen bylaw ha would permi he growing of marihuana in he M-2 Heavy Indusrial Disric; THAT Council direc saff o forward he poenial zoning bylaw ex amendmen regarding he growing of marihuana o he Advisory Planning Commission for commen. CARRIED. All members of Council presen voed in favour of he moion. CW, Ocober Proposed Zoning Bylaw Tex Amendmen for he Producion of Marihuana Bylaw No. 7632, 2013 Discussion ensued and Council noed he following commens wih respec o he proposed Zoning Bylaw Tex Amendmen for he producion of marihuana: The College of Pharmaciss will no engage in his area of business;

7 R-1 The Federal Governmen has passed legislaion ha suppors he growh and sale of marihuana under sric regulaions; Many users of he produc repor ha marihuana is used o assis medical condiions; Residens could feel ha heir homes are devalued if he growh of he produc is permied wihin close proximiy. aff provided he following commens in response o Council s concerns and quesions: The produc will be sold in a dried forma, and will be shipped o individuals; Possession of marihuana in some formas is illegal unless he user has he license o hold he produc. MOVED and SECONDED THAT 1. THAT Council direc saff o prepare a zoning amendmen bylaw ha would limi he growing of marihuana o he P-8 Public Works, Enerainmen and Uiliy Disric [Secion 929 (2)]. 2. THAT Council direc saff o forward he poenial zoning bylaw ex amendmen regarding he producion of marihuana o he Advisory Planning Commission for commen. DEFEATED. Councillor McInosh voed in favour. Council quesioned how oher local municipaliies are addressing he maer and requesed saff invesigae and repor back. I was noed ha he exising licensing will become illegal when he Federal Governmen s regulaions come ino effec. MOVED and SECONDED THAT Council direc saff o monior he siuaion afer he new MMPR comes ino effec and ha no bylaw changes be made a his ime; AND THAT saff provide a repor addressing he commens and concerns of Council. CARRIED. All members of Council presen voed in favour of he moion. Regular, June Joy Davies, Canadian Medical Cannabis Parners, BC Charer, provided a wrien submission, and requesed he Ciy drop he charges laid agains he owners and operaors of a New Wesminser N.I.C.E dispensary. Ms. Davies spoke o he benefis of legalizing he sale of medical marijuana, and advised ha he BC Medical Cannabis Parners have drafed a resoluion for consideraion a he upcoming UBCM conference

8 R-1 MOVED and SECONDED THAT saff draf a repor regarding he use of Medical Marijuana, and ha he following informaion be included in he repor: The proposed resoluions from he Medical Cannabis Parners of BC; Informaion regarding he Federal Governmen consulaion and paricipaion program; Processes esablished by he Vancouver Police Deparmen and he Maple Ridge RCMP for addressing he issue of Medical Marijuana dispensaries. CARRIED. All members of Council presen voed in favour of he moion. ephen Finlay, Secreary-Treasurer of he organizaion Law Enforcemen Agains Prohibiion, spoke in suppor for he legal growh and disribuion of medical cannabis. Mr. Finlay advised ha he closure of NICE Dispensaries is a poor use of he axpayer s dollars, as Police resources are being aken away from focusing on oher local crimes. I was clarified ha Council does no, and canno, provide direcion o he New Wesminser Police. Council suggesed Mr. Finlay conac he New Wesminser Police Board o arrange a presenaion. Lyndsey Nelson, residen and licensed medical marijuana dispensary owner, spoke in suppor of NICE dispensaries and noed he following: Nohing is gained by shuing down NICE dispensaries, as he businesses are serving many individuals in need wih legal produc; If an individual does no purchase heir supply from a designaed NICE dispensary, hey can apply o Healh Canada for a license o grow he produc hemselves, or designae someone o grow he produc on heir behalf; Medical cannabis is used by individuals suffering from chronic pain, as is also used as an alernaive o de-habiliaing pharmaceuicals. Dana Larsen, Direcor of Canadian Associaion of Medical Cannabis Dispensaries, requesed Council o suppor he UBCM resoluions regarding he medical cannabis, and provided he following informaion regarding medical marijuana dispensaries: There are over 24 dispensaries operaing in he Lower Mainland; There is no legislaion in place ha allows he dispensaries o legally operae; Shuing down he dispensaries will no sop individuals from producing or using he produc; Regulaing he operaion of dispensaries is a soluion for ensuring safe produc is obained by hose in need;

9 R-1 Mos dispensaries, like N.I.C.E. are non-profi socieies; Healh Canada has a sysem o mainain qualiy conrol, noing ha here are rules in place o ensure he produc is medical grade. Regular, Ocober Medical Marijuana - Direcor of raegic Services MOVED and SECONDED THAT he Ocober 21, 2002, on able repor from he Direcor of raegic Services, providing informaion regarding he Marijuana Medical Access Regulaions and a local renal propery ha is producing medical marijuana, be received. CARRIED. All members of Council voed in favour of he moion. MOVED and SECONDED THAT Ciy Council wrie o he local Member of Parliamen, he Official Opposiion, and he Federal Healh Miniser o inform hese paries of he concerns oulined in his repor he Marijuana Medical Access Regulaions; THAT saff pursue an inspecion of he local renal propery found o be producing medical marijuana o deermine if he premise complies wih Ciy of New Wesminser bylaws and regulaions, and deems ha i is safe; and THAT he Ciy Solicior be auhorized o obain he necessary Cour Order if he occupans or owner of he propery in quesion fail o volunarily permi saff o conduc an inspecion. CARRIED. All members of Council voed in favour of he moion. aff were direced o include a copy of he leer from he Queensborough Residens Associaion wih he leer o he Member of Parliamen and he Federal Miniser of Healh

10 R-2

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 Ciy of New Wesminser R-3 R E P O R T DEVELOPMENT SERVICES DEPARTMENT To: From: Advisory Planning Commission Members Barry Wai, Senior Planner Dae: January 21, 2014 File: Subjec: Producion of Medical Marihuana - Zoning Bylaw Tex Amendmen PURPOSE The purpose of his repor is o seek inpu from he Advisory Planning Commission regarding a proposed amendmen o he Zoning Bylaw ha would permi he growing of marihuana in he M-2 Heavy Indusrial Disric. BACKGROUND On Ocober 7, 2013 Council received a repor describing federal governmen changes in regulaions regarding he producion of and access o marihuana for medical purposes. A summary of he proposed new sysem is provided below. Federal Governmen Regulaory Conex: The Proposed Sysem In December, 2012 he Federal Miniser of Healh announced a new (he proposed Marihuana for Medical Purposes Regulaions (MMPR) Ac) sysem permiing he growh and disribuion of marihuana for medical purposes ha relies upon commercial producion. Securiy requiremens would be esablished for he producion sie and for key personnel of he licensed producer. andards for packaging, ransporaion and record keeping would conribue o achieving securiy objecives. Individuals who wish o access marihuana for medical purposes would no longer be required o apply o Healh Canada. Individuals would be able o obain marihuana, of any srain commercially available, wih informaion similar o a prescripion from an auhorized healh care praciioner (a physician or, poenially, a nurse praciioner) hrough a secured means of shipmen (i.e. courier) from a producer or from a pharmacis, if permied by Provincial regulaions. 395

27 Ciy of New Wesminser January 21, Healh Canada would no longer receive and process applicaions or issue auhorizaions and licenses, nor coninue o produce and supply marihuana for medical purposes. Healh Canada would no ener ino fuure conracual arrangemens for he producion and disribuion of marihuana for medical purposes, bu would reurn o is more radiional role as regulaor. Healh Canada is now receiving applicaions for licensed producers, wih he new sysem o be fully implemened by March, Once a license is issued o a producer, i will be valid for hree years and can be renewed. The following char shows he subsanive differences beween he phased ou program (MMAR) and he new program (MMPR). Medical Marihuana Access Program (MMAR) Marihuana for Medical Purposes Regulaions (MMPR) Regulaory agency Healh Canada Healh Canada Effeciveness dae 2001 June 7, 2013 Expiry dae March 31, 2014 N/A Marihuana Producers Required licenses Healh Canada Yes No Individuals a home Yes No Commercial producers Yes Yes Maximum number of cliens Producion for personal use Producion for up o wo cliens Producion for unlimied number of cliens Two Personal-Use Producion License Designaed-Person Producion License N/A Unlimied N/A N/A Licensed Producer License A furher repor was submied o Council on December 2, The repor indicaed ha Council direced saff o ake a broader approach o he regulaory process for he producion of marihuana for medical purposes. The repor concluded ha in considering he producion naure of his land use and he poenial land use impacs, and in accordance wih Council direcion, i was recommended ha Council consider amending he Zoning Bylaw o permi he growing of marihuana in he M-2 Heavy Indusrial Disric. 396

28 Ciy of New Wesminser January 21, Council adoped he recommendaions a ha ime o direc saff o prepare a zoning amendmen bylaw as discussed above and o forward he poenial ex amendmen o he Advisory Planning Commission for commen. EXISTING POLICY/PRACTICE New Wesminser Regulaory Conex Wih he new federal governmen sysem, in New Wesminser, he growing or culivaion of marihuana is permied under he nurseries and greenhouse land use caegory permied use in he Limied Agriculural Disrics (AG-1) and he Family Farm Agriculural Disrics (AG-2). The producion of marihuana is also permied in he M-5 Ligh Indusrial Mixed Use Disric under he Manufacuring and orage of Pharmaceuicals. See aached Appendix A. The growing of marihuana would require a business licence. ANALYSIS Marihuana for Medical Purposes Regulaions The objecive of he proposed MMPR is o reduce he risks o public healh, securiy and safey, while significanly improving he way in which individuals access marihuana for medical purposes. The proposed MMPR ses ou a licensing scheme ha is inended o allow for larger-scale producion, comparable o ha for oher narcoics used for medical purposes. This would permi commercial producion while regulaing he qualiy and securiy of dried marihuana. The following char oulines he regulaory approaches being aken or considered by oher municipaliies in Mero Vancouver: Growing Marihuana Regulaory Approach of Oher Mero Vancouver Municipaliies Municipaliy Zoning Commens Burnaby Currenly permied as a pharmaceuical use under M1, M2, M3, M4 and M5 indusrial zones. Also permied as culivaion use under A1, A2, and A3 agriculural zones. Has been recommended o be permied hrough rezoning o Comprehensive Developmen Disric, based on M1, M2, M3, M4, and M5 indusrial zoning disrics. Each proposal would be subjec o a sie 397

29 Ciy of New Wesminser January 21, specific rezoning process. Coquilam Permied in he M3 zone. Only 5 M-3 zoned parcels, all wih esablished businesses. Applicans may idenify alernae indusrial sies o be rezoned. Dela Currenly permied in I1 and I2 indusrial zones. Repor o be sen o Council seeking direcion on his maer in he near fuure.. Ciy of Langley No permied. No changes planned. Maple Ridge Permied in all agriculural zones on ALR lands as farm use only. ALC o deermine if proposed faciliy complies as a permied use or no. Proposed bylaw will allow for commercial producion of marihuana in agriculural zones only, subjec o large sebacks and a seback from schools. Norh Vancouver Ciy Currenly no permied. Preliminary saff discussions indicae use likely o go ino an indusrial zone due o limied commercial space. Norh Vancouver Disric Producion permied under ligh manufacuring caegory. aff recommendaion o define and prohibi medical marihuana licensed producion faciliies wihin he Disric. Pi Meadows Currenly no permied. Council is considering he creaion of a new indusrial zone, which would require all applicans o go hrough a rezoning process. Furher, Pi Meadows are considering o permi i on ALR lands in conjuncion wih ALC. Por Coquilam Currenly no permied. Research being underaken on opions, including having i permied in a specific zone. Por Moody Richmond Is permied in all Indusrial zones. Currenly permied in he AG1, AG3, and AG4 Agriculural zones on a case by case basis. No changes are conemplaed. aff recommendaion o reques Healh Canada o only issue licenses in compliance wih he Ciy s raegic 398

30 Ciy of New Wesminser January 21, Faciliy Managemen Approach which would aim a limiing he ype, number, and locaion of licensed faciliies by esablishing rigorous regulaory requiremens. Surrey Permied in he C8B zone. Will de faco resul in any proposed medical marihuana growing operaion o go hrough he rezoning process. Vancouver Is permied under an agriculural zone and Chinaown zoning. No changes conemplaed in near fuure. Use is permied only in RA1 (Agriculural - Souhlands) and Chinaown Hisoric zone. Each applicaion would be aken as a Developmen Permi and as such would be considered on a case by case basis. Wes Vancouver No permied. No indusrial or agriculural lands, herefore, he producion of marihuana is no permied. No changes conemplaed. Whie Rock Permied in CS zone. Commercial zone (CS) creaed o accommodae his use. There are currenly no land parcels zoned CS. Approaches o Dealing wih New Marihuana Operaions Council has indicaed ha i wishes o see a more open approach o he approval process for he producion of medical marihuana. Taking ino accoun ha his use is primarily a producion and packaging ype of operaion, i is suggesed ha permiing opporuniies o grow marihuana in indusrial areas would be mos appropriae. In consideraion of he federal governmen securiy requiremens, as well as he fac ha hese operaions will likely be of a larger scale and no be pedesrian and cusomer oriened, i is suggesed ha he producion of medical marihuana be permied in he 399

31 Ciy of New Wesminser January 21, heavy indusrial zoning disric. aff sugges ha ligh indusrial sies are no appropriae, in ha hese areas are more likely o be in close proximiy o commercial and residenial land uses, herefore creaing concerns regarding land use conflics and poenial safey issues. Limiing he poenial locaions o M-2 Heavy Indusrial Disric zoned properies (aached Appendix B) should reduce he likelihood of land use conflics wih abuing residences. Allowing he producion of medical marihuana in M-2 areas would require he issuance of a Developmen Permi, if he sie is locaed in a Developmen Permi Area. The Developmen Permi will need o be obained wih respec o he form and characer of he building. I is noed ha some M-2 zoned properies are no currenly in Developmen Permi areas; he draf Queensborough Communiy Plan will be recifying his issue. While a zoning bylaw amendmen is under consideraion o permi he growing of medical marihuana in he M-2 Disric, in ligh of he uncerainy regarding how well he he proposed MMPR will work in erms of adherence o federal governmen regulaions, i is pruden o consider condiions of use in order o miigae poenial land use impacs. The following condiions of use are proposed in relaion o he esablishmen of his land use: 1. All operaions relaed o he growing of medical marihuana mus ake place wihin a compleely enclosed building. 2. Any propery which is occupied by a faciliy for he growing of medical marihuana shall be a leas 60.9 m. (200 f.) from any propery occupied by a school or a single, wo-uni or muli uni residenial use. Approvals In addiion o any Ciy approvals, prior o esablishing a business for he growing of marihuana, a producer would need o be licensed by Healh Canada, obain a building permi and a business license from he Ciy. Through he building permi and business license applicaion processes, all necessary building and fire safey inspecions would be conduced. CONCLUSION In consideraion of he producion naure of his land use and he poenial land use impacs, and in accordance wih Council direcion, a zoning bylaw amendmen has been prepared which would permi he growing of marihuana in he M-2 Heavy Indusrial Disric. 400

32 Ciy of New Wesminser January 21, Inpu from he Advisory Planning Commission is requesed prior o furher consideraion of he zoning bylaw amendmen by Council. Barry Wai, Senior Planner :bw 401

33 APPENDIX A SITES WHERE GROWING OF MEDICAL MARIHUANA PERMITTED BY CURRENT ZONING 402

34 Legend Sies Under Which Growing of Medical Marijuana is Currenly Permied ZONE AG-1 Clarkson Columbia r ve C E fi ri f G ck r ve no rs C e rs ai d au Ro ils io n a id a Br Al lso le n C ve n Bru A ne e Vulc Edw o rhy Wa y on an S C Cr y 1a E Leopold Pl Dufferin Ro ya ie s Fro S n es Clarkson ge µ ss ce us on se re or ar aj Br de Fa M p oo sp pe r ke o i a ls np ar k Ac ce Ke s ar y G br fo r La n e be Av Powerline Access Co lb y ol um bi a fie d al on cd M Pl d Ke l ly ar ox e W A ve M De nd ld es s G ar on hm Ri c Bl ai ra Bu ve ch an an Av e on er m G Jam la Hu W ps Sh Sa Ne ra in er Ross Dr be 1 a Hw Windsor Firs Al hs m pp er Sa Memorial Dr Hw y R S Ca n ls rro len C o Ken Am Ladner Surrey d Burnaby ls u re Ch oy De v E ey rv Ha r a Ca McBride Blvd La h Si x McBride Blvd Chilliwack Sco William Massey McKay e Jackson Cr York York Cumberland Colborne Park Cr Firs Si be Kw an Coburg rk ow Pa Ellio Ho da Emory Firs Peele Merivale Blackwood Carnarvon Church Lorne Begbie Agnes Vicoria Fourh Eighh Cunningham Al Blackberry Dr Queens Ave Ciy Hall Access Third Ave ul rs Kn s Seymour Cr Arbuus Second Third Pine Fifh Oliver Anhony C Sevenh Gifford Pl Liverpool Royal Ave Alexan der Blackie Firs Fourh Sixh Pearce h Te n Unnamed Rd Bro ok es Oak Ninh Gilley Tenh Vicoria Oakland. George ho ol De rw Furne ss Jensen Ho lly Ave e McInnes a nle y es Ash Maple Louellen Elevenh Louellen McPhaden Twelfh Shaw Mowa anley Johnson De rwen Wa y Feno n Pemb ina Agnes Cr Saler Sangser Pl Henley Hill Thireenh Levi Boyne Boyne Saler e n W ay B ridg Pl He ndry Pl ar. Parick Ho B rid Viscoun Sprice Glouceser Elgin Warren Ave Dr Ce Sc i le es ullo Ca rer Wo od y Pl Mc Gillivra Ca mp bell Lawrence Sprice Ha mp on Jardine Jardine Ho we s Gifford Gifford Gifford Suzuki Wood Ho we s Rd ry un da Bo Hu me Da we Phi llip s Spagnol Lancaser Milon Quebec S Walmsley d ie Ed n lm Pa Phillips Cr Do ckside Bla ckley n r Pier Pl ca Blackford Kennedy E Eighh Ave un Presco C Sh xo Elmer ce S D D Dyke R d Cra ne Pl e Souh Oxford Auckland id Saler Prey C Cornwall 9 1a Re nnie Pl Fifh Ave Fourh Ave Augusa ys e C ua Av e Ra ma Av Ria lo Brandon Ho Spru e Av e Hw y Belleville Third Ave Boyd 9 1a. Andrews Q Da n Lee e Basra n Av Ga lbraih ins Napanee Regina Sixh Ave Di ay Ecker Av Cameron Kamloops Belmon Howay ry r he Dr Queensboro ugh Fifh Ave Fourh Ave Princess Bole Cariboo W Hw y Ew en Av e m McMarin ve Thireenh Foureenh n Wa y Princess Nanaimo E Sevenh Ave Jack Mahony Pl oo k es Sevenh Ave E Durham c is W Fra n Ta na ka Cr Fifeenh Seveneenh Sixeenh Sharpe Twenieh Tweny Kelvin Fif h A Boyd Durham nb r wy H er Hamilon Hamilon Gle Brid ge Kingson a rds o River Dr Ovens Ave Eighh Ave Marine Way e w Clue Sandringham Ave Pl -firs S ve Dublin Churchill Ave Allison Mead h A Sinclair Ave Osborne Ave Holland r Sevenh Ave Ninh Ave Edinburgh Belyea Eigheenh Nineeenh D Fulon Curnew e in Bowler Twenieh Tweny-firs Tweny-hird Fenwick Ave ar M Sevenh Ave Dublin Glover Ave Rickman Pl res Hamilon London Courney Cr C Dublin Six E Tenh Ave Blackman Mo Edinburgh Tenh Ave Downie London Tweny-second Fenwick Ave London Pl Ninh Ave Av Tenh Ave Tenh Ave Lee M-5 es nu S AG Meers 1:20,000 Dae: 11/13/ Ac

35 APPENDIX B M-2 HEAVY INDUSTRUAL DISTRICT ZONED SITES 404

36 Legend on nd ve r ve no rs C Co lb y rs ai re d ar au io n a id a Br Al lso le n C ve n Bru A ne e Vulc Edw o rhy Wa y on an S C ya ie s r Cr y 1a E Leopold Pl Dufferin Ro be Hw y Coburg Windsor Firs Al Fro S n es Clarkson ge µ ss ce us on se G or Br de Fa aj A ve ck ol um C E fi ri f G M p oo sp pe r ke o i a ls np ar k Ac ce Ke s ar y fo r e e be Av br Ne ra er in M De ox G Jam la bi a fie d al on cd M d Ke l ly ar La n Ro ps er e ils m Sh Sa m W W Si pp er Sa Ross Dr Hu Ca n ls r a rro len C Kw an Pa Ellio Merivale Pl ey rv Ha Blackberry Dr Second Peele rk S hs Ho ow ld es s G ar on hm Ri c Bl ai ra Bu ve ch an an Av e be Memorial Dr R Ken Am Ladner Surrey d Burnaby ls u re Ch oy De v E Ca McBride Blvd La e h Si x McBride Blvd Chilliwack Sco William Massey McKay Av Jackson Cr York York Cumberland Sangser Pl Colborne es nu S Clarkson Blackwood Carnarvon Al o ul rs Kn s Seymour Cr Arbuus Third Pine Oliver Fifh Agnes Vicoria Fourh Blackie Anhony C Sevenh Lorne Begbie h Te n Unnamed Rd Bro ok es Furne ss Jensen Queens Ave Cunningham ol De rw Saler Gifford Pl Ciy Hall Access Columbia Firs Fourh Sixh Pearce Vicoria Eighh es. George Church Gilley Agnes Cr Warren Ave Liverpool ho da Emory Royal Ave Alexan der ar Oak Ninh Ash Maple Louellen Louellen Ho lly Ave e McInnes a nle y Glouceser Park Cr Tenh McMarin McPhaden Twelfh Shaw Mowa anley Johnson De rwen Wa y Feno n Pemb ina Oakland 1 a Hw Henley Hill Thireenh Thireenh Levi Boyne Boyne Saler e n W ay B ridg Ca mp bell Lawrence Pl He ndry Pl Quebec S. Parick Ho B rid Viscoun Ca rer Wo od Mc Gillivra y Pl Sprice Bla ckley n Elgin Third Ave Lancaser Dr Ce Sc i le es ullo Sprice Ho we s Ha mp on Jardine Jardine Ho we s Gifford Gifford Gifford Suzuki Spagnol Walmsley d ie Ed n lm Pa Phillips Cr Do ckside ca r Pier Pl un D Dyke R d D e Souh Cra ne Pl Auckland id Prey C Blackford Kennedy Milon ys Saler Re nnie Pl ua e Oxford 9 1a Q Av e Ra ma Av Av e Elevenh Queensboro ugh Wood Rd ry un da Bo Hu me Da we Phi llip s e Cornwall E Eighh Ave Basra n Av Ga lbraih Da n Lee e C Fifh Ave Presco C Sh xo Elmer ce S Ecker Av Hw y Ria lo Brandon Fourh Ave Augusa Third Ave Boyd 9 1a Belleville Di ay Hw y Ew en Av e m. Andrews Sixh Ave Ho Spru es Napanee Regina ry r he Dr Cameron Kamloops Belmon Howay E Sevenh Ave oo k Cariboo W Princess Bole Fifh Ave Fourh Ave Princess Nanaimo E Durham Jack Mahony Pl Sevenh Ave Foureenh Sharpe n Wa y Fif h A Boyd Durham Kelvin ve ins Hamilon c is W Fra n Ta na ka Cr Fifeenh Seveneenh Sixeenh Hamilon nb r Twenieh Tweny Kingson a rds o River Dr Ovens Ave Gle Brid ge Eighh Ave Marine Way e w Clue Sandringham Ave Pl -firs S ve Dublin Churchill Ave Allison Mead h A Sinclair Ave Osborne Ave Holland r Sevenh Ave Ninh Ave Edinburgh Belyea D Fulon Curnew Bowler Eigheenh Nineeenh Twenieh Tweny-second Tweny-hird Tweny-firs Fenwick Ave London Pl Sevenh Ave Dublin Glover Ave Rickman Pl res Hamilon London Courney Cr C e in wy H er E Tenh Ave Blackman Mo Dublin Edinburgh Six Tenh Ave Downie London ar M Fenwick Ave Ninh Ave Lee Tenh Ave Tenh Ave Powerline Access M-2 Heavy Indusrial Disric M Meers 1:20,000 Dae: 11/13/ Ac

37 Ciy of New Wesminser R-3 REPORT DEVELOPMENT SERVICES DEPARTMENT To: Mayor W. Wrigh and Members of Dae: December 2,2013 Council in Commiee of he Whole From: Beverly Grieve, Direcor of Developmen Services File: Subjec: Producion of Medical Marihuana - Zoning Bylaw Tex Amendmen RECOMMENDATIONS: 1. THAT Council direc saff o prepare a zoning amendmen bylaw ha would permi he growing of marihuana in he M-2 Heavy Indusrial Disric; and 2. THAT Council direc saff o forward he poenial zoning bylaw ex amendmen regarding he growing of marihuana o he Advisory Planning Commission for commen. PURPOSE The purpose of his repor is o provide more informaion regarding he new Marihuana for Medical Purposes Regulaions (MMPR) and o recommend Council consider an amendmen o he Zoning Bylaw ha would permi he growing of marihuana in he M-2 Heavy Indusrial Disric. BACKGROUND On Ocober 7, 2013 Council received a repor describing federal governmen changes in regulaions regarding he producion of and access o marihuana for medical purposes. A summary of he proposed new sysem is provided below. Federal Governmen Regulaory Conex: The Proposed Svsem In December, 2012 he Federal Miniser of Healh announced a new (he proposed Marihuana for Medical Purposes Regulaions (MMPR) Ac) sysem permiing he Doc#488033

38 Ciy of New Wesminser December 2, 2013 growh and disribuion of marihuana for medical purposes ha relies upon commercial producion. Securiy requiremens would be esablished for he producion sie and for key personnel of he licensed producer. andards for packaging, ransporaion and record keeping would conribue o achieving securiy objecives. Individuals who wish o access marihuana for medical purposes would no longer be required o apply o Healh Canada. Individuals would be able o obain marihuana, of any srain commercially available, wih informaion similar o a prescripion from an auhorized healh care praciioner (a physician or, poenially, a nurse praciioner) hrough a secured means of shipmen (i.e. courier) from a producer or from a pharmacis, if permied by Provincial regulaions. Healh Canada would no longer receive and process applicaions or issue auhorizaions and licenses, nor coninue o produce and supply marihuana for medical purposes. Healh Canada would no ener ino fuure conracual arrangemens for he producion and disribuion of marihuana for medical purposes, bu would reurn o is more radiional role as regulaor. Healh Canada is now receiving applicaions for licensed producers, wih he new sysem o be fully implemened by March, Once a license is issued o a producer, i will be valid for hree years and can be renewed. The following char shows he subsanive differences beween he phased ou program (MMAR) and he new program (MMPR). Medical Marihuana Access Marihuana for Medical Purposes Regulaions Program (MMPR) Regulaory agency (MMAR) Healh Canada Healh Canada Effeciveness dae 2001 June 7, 2013 Expiry dae March 31, 2014 N/A Marihuana Healh Canada Yes No Producers Individuals a home Yes No Commercial producers Yes Yes Maximum number of Two Unlimied cliens Required Producion for Personal-Use N/A licenses personal use Producion for up o wo cliens Producion License Designaed-Person Producion License N/A Doc #

39 Ciy of New Wesminser December 2, 2013 Producion for unlimied number of cliens N/A Licensed Producer License EXISTING POLICY/PRACTICE New Wesminser Regulaory Conex Wih he new federal governmen sysem, in New Wesminser, he growing or culivaion of marihuana is permied under he 'nurseries and greenhouse' land use caegory permied use in he Limied Agriculural Disrics (AG-1) and he Family Farm Agriculural Disrics (AG-2). The producion of marihuana is also permied in he M-5 Ligh Indusrial Mixed Use Disric under he "Manufacuring and orage of Pharmaceuicals." See aached Appendix A. The growing of marihuana would require a business licence. ANALYSIS Marihuana for Medical Purposes Regulaions The objecive of he proposed MMPR is o reduce he risks o public healh, securiy and safey, while significanly improving he way in which individuals access marihuana for medical purposes. The proposed MMPR ses ou a licensing scheme ha is inended o allow for larger-scale producion, comparable o ha for oher narcoics used for medical purposes. This would permi commercial producion while regulaing he qualiy and securiy of dried marihuana. The following char oulines he regulaory approaches being aken or considered by oher municipaliies in Mero Vancouver; Growing Marihuana Regulaory Approach of Oher Mero Vancouver Municipaliies Municipaliy Zoning Commens Burnaby Currenly permied as a Has been recommended o be pharmaceuical use under Ml, M2, M3, M4 and M5 indusrial zones. Also permied hrough rezoning o Comprehensive Developmen Disric, based on Ml, M2, permied as culivaion use under Al, A2, and A3 agriculural zones. M3, M4, and M5 indusrial zoning disrics. Each proposal would be subjec o a sie Doc #

40 Ciy of New Wesminser December 2, Coquilam Dela Ciy of Langley Permied in he M3 zone. Currenly permied in II and 12 indusrial zones. No permied. specific rezoning process. Only 5 M-3 zoned parcels, all wih esablished businesses. Applicans may idenify alernae indusrial sies o be rezoned. Repor o be sen o Council seeking direcion on his maer in he near fuure.. No changes planned. Maple Ridge Permied in all agriculural Proposed bylaw will allow for zones on ALR lands as farm commercial producion of use only. ALC o deermine if marihuana in agriculural proposed faciliy complies as a zones only, subjec o large permied use or no. sebacks and a seback from schools. Norh Vancouver Ciy Norh Vancouver Disric Pi Meadows Por Coquilam Por Moody Richmond Currenly no permied. Producion permied under ligh manufacuring caegory. Currenly no permied. Currenly no permied. Is permied in all Indusrial zones. Currenly permied in he AG1, AG3, and AG4 Agriculural zones on a case by case basis. Preliminary saff discussions indicae use likely o go ino an indusrial zone due o limied commercial space. aff recommendaion o define and prohibi 'medical marihuana licensed producion faciliies' wihin he Disric. Council is considering he creaion of a new indusrial zone, which would require all applicans o go hrough a rezoning process. Furher, Pi Meadows are considering o permi i on ALR lands in conjuncion wih ALC. Research being underaken on opions, including having i permied in a specific zone. No changes are conemplaed. aff recommendaion o reques Healh Canada o only issue licenses in compliance wih he Ciy's raegic Doc #

41 Ciy of New Wesminser December 2, 2013 Surrey Vancouver Wes Vancouver Whie Rock Permied in he C8B zone. Is permied under an agriculural zone and Chinaown zoning. No permied. Permied in CS zone. Faciliy Managemen Approach which would aim a limiing he ype, number, and locaion of licensed faciliies by esablishing rigorous regulaory requiremens. Will de faco resul in any proposed medical marihuana growing operaion o go hrough he rezoning process. No changes conemplaed in near fuure. Use is permied only in RA1 (Agriculural - Souhlands) and Chinaown Hisoric zone. Each applicaion would be aken as a Developmen Permi and as such would be considered on a case by case basis. No indusrial or agriculural lands, herefore, he producion of marihuana is no permied. No changes conemplaed. Commercial zone (CS) creaed o accommodae his use. There are currenly no land parcels zoned CS. Approaches o Dealing wih New Marihuana Operaions Council has indicaed ha i wishes o see a more open approach o he approval process for he producion of medical marihuana. Taking ino accoun ha his use is primarily a producion and packaging ype of operaion, i is suggesed ha permiing opporuniies o grow marihuana in indusrial areas would be mos appropriae. In consideraion of he federal governmen securiy requiremens, as well as he fac ha hese operaions will likely be of a larger scale and no be pedesrian and cusomer oriened, i is suggesed ha he producion of medical marihuana be permied in he Doc #

42 Ciy of New Wesminser December 2, heavy indusrial zoning disric. aff sugges ha ligh indusrial sies are no appropriae, in ha hese areas are more likely o be in close proximiy o commercial and residenial land uses, herefore creaing concerns regarding land use conflics and poenial safey issues. Limiing he poenial locaions o M-2 Heavy Indusrial Disric zoned properies (aached Appendix B) should reduce he likelihood of land use conflics wih abuing residences. Allowing he producion of medical marihuana in M-2 areas would require he issuance of a Developmen Permi, if he sie is locaed in a Developmen Permi Area. The Developmen Permi will need o be obained wih respec o he form and characer of he building. I is noed ha some M-2 zoned properies are no currenly in Developmen Permi areas; he draf Queensborough Communiy Plan will be recifying his issue. Approvals In addiion o any Ciy approvals, prior o esablishing a business for he growing of marihuana, a producer would need o be licensed by Healh Canada, obain a building permi and a business license from he Ciy. Through he building permi and business license applicaion processes, all necessary building and fire safey inspecions would be conduced. OPTIONS There are hree opions for Council's consideraion. They are: 1. THAT Council direc saff o prepare a zoning amendmen bylaw ha would permi he growing of marihuana in he M-2 Heavy Indusrial Disric; 2. THAT Council direc saff o forward he poenial zoning bylaw ex amendmen regarding he growing of marihuana o he Advisory Planning Commission for commen; or 3. THAT Council provide saff wih oher direcion. aff recommend opions #1 and #2. CONCLUSION Council direced saff o ake a broader approach o he regulaory process for he producion of marihuana for medical purposes. In considering he producion naure of his land use and he poenial land use impacs, and in accordance wih Council Doc #

43 Ciy of New Wesminser December 2, 2013 direcion, i is recommended ha Council consider amending he Zoning Bylaw o permi he growing of marihuana in he M-2 Heavy Indusrial Disric. The zoning bylaw amendmen would be prepared and submied o he Advisory Planning Commission for commen prior o he bylaw amendmen being presened o Council. Repor Auhor Barry Wai, Senior Planner Approved for Presenaion o Council V/ Beverly G: Direcor of Developmen Services Lisa S^iale, Chief Adminisraive Officer :bw Doc #

44 ' '

45 APPENDIX "A" SITES WHERE GROWING OF MEDICAL MARIHUANA PERMITTED BY CURRENT ZONING Doc#488033

46 i Legend ZONE Sies Under Which Growing of Medical Marijuana is Currenly Permied AG-1 AG-2 M M 5 i iiiiiii^j Iimli' L m s m ffllt ht^flll 11 mi: n jj KFEHiMESlQ r!4» Mis Hi Ell feb$9 l ffi'vp- \ K^vl j. / r^itfti n ifr^r^ y'/ ^ S f fugls ;M/f fniiriinr i IxdL m 1 V,, ffilpjlmg: j3 \y y / C-hzii~ ' ' z.... r^ttrrfmicfi \ fc > M*'>;<ra 1:20,000 Dae: 11/13/2013

47 APPENDIX "B" M-2 HEAVY INDUSTRUAL DISTRICT ZONED SITES Doc#488033

48 i-..hi,. i; x^muui-i*.ujl;.#mj;imii_.:.j ; ^,:h:, \ Legend M-2 Heavy Indusrial Disric iin'wi'.viir ^-riv U'ii - i^; v ;,-.],. i :,?.J!,,vi. :^u^; '. 1,. ; ;.l.!,. i.l'...'.... i,l - i! " i * 'i. - N, ;; 4. I r' * 'vl:,vilj >.-B'-'.i-H ' s ' x' ^ r.y lijl'-i'lsv \ ' '1 ' w..,:i 1 I"}'? : - i -fu,.;! ; l, ;w, J L'f.;*i Sy 7^ 11 ^rfc^t "xip''" ip'^v *>1' - s \ l \ ""' A \ : :i 3 1 / - A > l-v ' :>^ / -; " v/..' ', ', ' ^'/({"' '-\'"y X.O- "- ^..-v., \.-v-' lf - * A»4-.' >,.. 7 ' ' '( 'ij U:?rf,. llfhram...l' - r. 100^ : # ' ' ' " <P ' 600 M«l«r* 1:20,000 Dae: 11/13/2013

49 R-5

50

51

52

53

54

55

56

57