Medical Marijuana Bylaw

PORT COL!lORNE Department: Planning and Development

Report Number: 2014 - 23 Agenda Date: April 14, 2014

SUBJECT: Recommendation Report: Zoning By-Jaw Amendment - Medical Marlhuana Production Faclllty

1) PURPOSE:

Under the direction of the Director of Planning and Development, the purpose of this report is to provide Council with a recommendation regarding a City initiated Zoning By-law Amendment to allow and regulate Medical Marihuana Production Facilities within the Rural and Agricultural Zones of the City.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES:

Council had previously received the following background reports regarding medical marihuana: Planning and Development Services Report 2013-41 and Planning and Development Services Report 2014-12.

The new "Marihuana for Medical Purposes Regulations (MMPR)" (hereinto referred to as MMPR), approved in June of 2013, establish a licensing framework to allow the larger production, processing and distribution of dried marihuana for medical purposes. Now authorized users, medical practitioners, and/or hospitals must obtain their supply of medical marihuana from federally approved, regulated and licensed producers. As of April 1, 2014 the transitional period for the old system expires and the only legal production of medical marihuana will take place in operations run by licensed producers. The new MMPR are federally regulated under the "Controlled Drug and Substances Act" and the federal government has exclusive jurisdiction in the licensing of these new facilities. However, the federal government has stated that all licensed producers must comply with all municipal laws and by-laws including municipal zoning by-laws. By way of background and which forms the context of the Zoning Amendment application, the following was presented to Council through Planning and Development Services Report 2014-12: "Sullivan Mahoney has reviewed our Zoning By-law and has determined that a medical marihuana production facility is an "agricultural" use:

"It is our opinion that a medical marihuana processing facility is permitted in the Agricultural Area and that no Official Plan Amendment or Zoning By-law Amendment would be necessary."

Su!livan Mahoney also has opined that in order for a "medical marihuana processing facility" to be permitted in the industrial area under the definition of a ''general industrial

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use" or a "food processing establishment" and amended is necessary to the Zoning By-law and Official Plan for the cultivation portion.

Sullivan Mahoney recommends that a new definition tor a "medical marihuana processing facility" be created to be listed as a permitted use in the agricultural and industrial area subject to the necessary amendments.

In order to ensure any negative impacts could be mitigated, staff would create site specific zone provisions that would include setback distances from building exhaust tans, lot coverage, separation distances from other medical marihuana facilities, setback distances from residential, institutional, commercial and open space uses and lighting regulations, minimum landscaping requirements etc.

In order to ensure the provisions are addressed such as lighting, fencing, access etc., an amendment to our Site Plan Control By-law would be required. Staff proposes to initiate this as well."

As previously indicating, the proposed amendment is to the Agricultural and Rural zones of the municipality, not to any specific property. As directed by Council, in the near future staff will be initiating amendments to the City's Official Plan and the Zoning By-law for the industrial areas.

Accordingly, this City initiated Zoning By-law Amendment was made to allow a Medical Marihuana Production Facility as a permitted use in the Agricultural (A) and Rural (RU) Zones, with appropriate zone provisions to mitigate the impact of these facilities may have on adjacent land uses.

On March 24, 2014, Planning Staff presented Planning and Development Services Report 2014-20 as part of the statutory Public Meeting held to discuss the proposed Zoning By-law Amendment. A copy of the report is attached at "Appendix A" to this report.

3) STAFF COMMENTS AND DISCUSSIONS: The Zoning Amendment proposes the following provisions to the Agricultural and Rural zones: REQUIREMENTS FOR MEDICAL MARIHUANA PRODUCTION FACILITES

(a) Minimum Lot Frontage

(b) Minimum Lot Area

(c) Maximum Lot Coverage

(d) Minimum Front Yard

75m

Permitted only on an existing lot having a minimum size of 3ha

(i) Lots less than 5ha (ii) Lots 5ha to 1 Oha (iii) Lots greater than 1 Oha

30m

30 percent 10 percent 5 percent

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(e) Minimum Interior Side Yard

(f) Minimum Exterior Side Yard

(g) Minimum Rear Yard

(h) Minimum Separation to Sensitive Land Use

(i) Planting Strip

15m

3Dm

30m

15Dm

Where a lot line of a lot containing a Medical Marlhuana Production Facility abuts a sensitive land use, then that part of said lot directly adjoining such lot line shall be used for no purpose other than a planting strip having a minimum width of 1.5m, measured perpendicularly to said lot line.

U) Outside Storage Requirements Outside storage of goods, materials or other

(k) Visible Nighttime Lighting

(I) Parking

(m) Servicing Requirements

supplies is not permitted.

Where a building or structure consists of more than 40% glass and where artificial lighting is required an opaque fence shall be provided and maintained adjacent to every portion of any lot line that abuts Sensitive Land use.

1 parking space for every employee on the largest shift

Servicing for the facility shall be designed by a Qualified Professional, identifying the source of irrigation water, water quantities required and the effects of same on the groundwater table and nearby wells.

The amendment also proposes the following new definitions:

"MEDICAL MARIHUANA PRODUCTION FACILITY" means a building or structure used for the cultivation, processing, testing, destruction, packaging and shipping of marihuana used for medicinal purposes as permitted under the Federal Government's Marihuana for Medical Purpose Regulations (MMPR) as amended from time to time or any successors thereto.

"SENSITIVE LAND USE" means buildings, amenity areas or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges, fumes, odours, vibrations, sound waves or radiation generated by a nearby industrial, medical marihuana production, transportation or utility source. Sensitive land uses may be part of the natural or built environment. Examples may include, but are not limited to: residential uses, parks, community or day care centres, recreation areas, medical facilities, churches and schools.

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Agency Comments Notice of the Public Meeting was circulated to the required commenting agencies and relevant City departments on February 21, 2014. As of the date of writing this report, the following agency comments have been received and are attached to this report as "Appendix B":

City of Port Colborne Building Division

The City's Chief Building Official would require a building permit under the Building Code for any significant renovation to the building such as electrical, plumbing, ventilation, removal of walls etc. The demolition of all or part of a building would also be subject to a building permit. The main concern to Building Division Staff is the absence of a specific Heath Canada regulation that would require sign off from the Chief Building Official or their designate to ensure that existing facilities that are renovated and new facilities that are created do not create life and safety hazards. The municipality must be notified by the licensed producer under the new regulations but the onus of compliance will fall to the municipality.

City of Port Colborne Fire Services Department

Port Co/borne Fire & Emergency Services supports the proposed amendment which will ensure the appropriate locations for these facilities. In reality, these operations are agricultural and/or industrial in nature and should tall under the required zoning. Also, site plan control should be applied to these locations.

Ministrv of Transportation The Ministry of Transportation has indicated in their comments that they have no objection to the amendment in principle and note that all proposed permanent buildings and structures both above and below ground, utilities, frontage roads and stormwater management facilities (ponds) must be set back a minimum of 14 metres (45 feet) from any provincial highway property lines.

Additionally, land use permits tor all buildings within 46 metres (150 feet) of any provincial highway property lines, and a radius of 400 metres for the centre point of the intersection of any provincial highway and crossing roadway or 180 metres from the centre point of the intersection of any provincial highway and crossing roadway (distance depends on highway classification) will be required.

Region of Niagara Regional staff has reviewed the draft Zoning Bylaw Amendment to permit Medical Marihuana Grow and Production Facilities in the Agricultural and Rural zone category and is supportive of the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distributing of the product is supported by the Region's value added policies.


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District School Board of Niagara !DSBN)

The DSBN's primary interest would be to ensure adequate separation distance from any proposed MMPF and DSBN school sites. At this time, the DSBN does not currently have schools located in the City's agricultural and/or rural areas. Regardless, we fu/ly support the inclusion of by-law requirements for a minimum 150 metre separation distance between a MMPF use and nearby sensitive (i.e. school) uses. One area that would benefit from additional clarification Is whether the separation distance is to existing sensitive uses or vacant lands zoned for sensitive uses, or both, and if the separation distance is measured from lot line to lot line, building to Jot line, or building to building. Clarifying language would be helpful in this regard.

Public Comments Notice of the Public Meeting was placed In the lnPort News on Thursday February 27, 2014 and again in the Welland Tribune on Monday March 3, 2014. The notice was also posted on the City's website and was mailed out to residents who requested further information via email and through a petition list provided by Mr. Kerry Fallon (attached to PDS 2014-20 as "Appendix A").

There were approximately 15 people in attendance at the Public Meeting, many who provided verbal comments to staff which are summarised in the Draft Public Meeting Minutes. As of the date of writing this report, the following public comments have been received and are attached to this report as "Appendix C" (Public Comments) and "Appendix D" (Draft Public Meeting Minutes):

Margaret Curtiss Weaver. 1717 Fire Lane 2

Ms. Weaver provided written correspondence to Staff indicating she has concerns with the following:

Potential for crime; Setbacks from sensitive land uses; Tax ramifications; Water quality Contamination from pesticides/herbicides; Odour; Security, lighting, fencing and noise pollution and Location.

Joe Schonberger. President Niagara South Federation of Agriculture

Mr. Schonberger provided written correspondence to Staff indicating his group has concerns with:

The removal of "Agricultural Uses" from the Environmental Protection Zone.

Mark S. Dwor, Co-Executor of the Estate of Libby Dwor, 2685 Vimv Road


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Mr. Dwor provided written correspondence to Staff indicating he has concerns with the following:

Location of these types of facilities (should not be near residential or sensitive uses such as the boy scout camp);

Security; and Impact on property values

Charles Groom

Mr. Groom provided written correspondence to Staff indicating concerns with the following:

Location of these types of facilities (should not be near residences); Impacts on environment and ecology of the area;

Frank Scott. 394 Pinecrest Road

Mr. Scott provided written correspondence on behalf of a group of concerned citizens which included zone provisions and requirements the group would like to see. These provisions included:

Setback requirements; Parking and drainage requests; Environmental mitigation measures (noise, odour, water quality); Security, fire protection and employee safety requests; and Consideration for city supplied services.

Kerry Fallon. 2156 Firelane 2

Mr. Fallon provided verbal comments to Council at the statutory public meeting and listed a number of concerns including:

Appropriate setback requirements from public parks, schools, significant woodlands and proximity to sensitive lands;

Water qua//ty and potential for contamination; and Loss of property values .

Nancy Misener. 2122 Firelane 2

Ms. Misener provided verbal comments to Council at the statutory public meeting and questioned how the BC injunction would impact new vs. old licenses and asked whether residents would receive notice of an application for a commercial license.

Jeff Dwor

Mr. Dwor provided verbal comments to Council at the statutory public meeting and expressed concerns with:


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Location (proximity to park, residence, Boy Scout Camp); Nature of the business and water consumption needs; and Does not believe the Pinecrest Road facility is a suitable location.

Gary Dingman, 467 Pinecrest Road

Mr. Dingman provided verbal comments to Council at the statutory public meeting and expressed concerns with:

Safety and security Lighting; and Deflated property values

Donnie Edwards. 2365 Firelane 2

Mr. Edwards, a licensed pharmacist, provided verbal comments to Council at the statutory public meeting and expressed concerns with:

Potential for high school students to be employees; Vibration, noise, odour and lighting

Tom Schroeder, 2407 Firelane 2

Mr. Schroeder provided verbal comments to Council at the statutory pub/le meeting and questioned whether the existing facility on Pinecrest Road would be legal according to the new rules.

Richard Holaday, 2366 Firelane 2

Mr. Holaday provided verbal comments to Council at the statutory public meeting and questioned the need for the amendment and whether the Province has addressed the issue through the Land Use Act or the Planning Act.

Mr. Holaday also provided written comments to Staff on behalf of a group of concerned citizens and questioned whether the timing of the information provided the public by City Staff was reasonable and whether this is standard practice. He indicated that all who signed the letter are opposed to the passing of the proposed Zoning By-law Amendment.

Chuck Groom, 2400 Flrelane 2

Mr. Groom provided verbal comments to Council at the statutory public meeting and indicated that he wanted the whole area (Pinecrest area) rezoned to residential.

Frank Scott. 394 Pinecrest Road


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Mr. Scott provided verbal comments to Council at the statutory public meeting and noted that he would like to see the by-law passed at the public meeting if the facility on Pinecrest Road would not be in comp/lance.

Coleen Jased

Ms. Jased provided written comments to Staff indicating she was concerned with the location of this type of operation and didn't feel that a residential area was an appropriate location.

Dean Cutting

Mr. Cutting provided written comments to Staff indicating he did not want to see these types of facilities In the community but if they did that strict regulations be placed on them.

Marc Kealey. President of Muileboom Organics. 462 Pinecrest Road

Mr. Kealey provided verbal comments to Council at the statutory public meeting and provided the following:

Brief history on the growing of legally prescribed medical marihuana; Only 50 licenses in the country; Submitted to Health Canada a 700 page application, which has been a very

rigorous process; Provided written notice to Mayor, local police and fire departments of this

submission as per the requirements; Site has been a farm for 55+ years Happy to participate with any changes to the by-laws; and Concurred that they would set up dialogue with community to allow residents to

ask questions and get informed.

Additional comments have been received since the public meeting and all are pertaining to 462 Pinecrest Road. All comments have been included in "Appendix C".

Planning Staff Analysis

The new Federal "Marihuana for Medical Purposes Regulations" do not consider land use impacts however; Health Canada has advised that "Licensed producers must comply with all other federal, provincial and municipal laws and by-laws, including municipal zoning by-laws. It is in the best interest of the applicant to communicate with the municipality and by-law enforcement office to ensure that the applicant does not contravene any zoning by-laws or other municipal legislation and by-laws."

Provincial Policy Statement (PPS


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The PPS is a long range planning document that guides growth and development throughout the province. The PPS encourages municipalities to promote and provide for a range of land uses, and encourages the efficient development of employment and residential lands and the protection of agricultural and environmentally sensitive lands.

A MMPF is regarded by Staff to be similar to a greenhouse operation, comparable to the growing and processing of "traditional" crops and meets the PPS policy to encourage a range of agricultural uses in agricultural areas, including greenhouse operations. Therefore, it is Planning Staff's opinion that the proposed Zoning By-law amendment to permit medical marihuana production facilities in the Agricultural (A) Zone and Rural (RU) Zone meets the intent of the PPS.

Provincial Growth Plan

Section 1.4 of the P2G provides direction on how to read the Places to Grow Plan, specifically noting that "this plan shall be read in conjunction with the applicable Provincial Policy Statements". The proposed changes to the Agricultural (A) Zone and the Rural (RU) Zone are not impacted by the policies of the Places to Grow Plan.

Regional Policy Plan (RPPl

The RPP provides general policy direction for planning in the Niagara Region. The RPP promotes and protects agricultural lands for long term agricultural uses and recognizes a range of livestock, crop and greenhouse uses as permitted and promoted agricultural uses. Planning Staff is of the opinion that the proposed MMPF is an inherently agricultural use and as such, maintains the purpose and intent of the RPP.

As commented on by Regional Planning, the proposed amendment is supported by the Regional Policy Plan.

City of Port Colborne Official Plan (OP)

The OP provides long term general policy direction for the City. Both the rural and agricultural policies in the City's OP allow for a range of livestock, cropping and greenhouse uses as well as agricultural value added activities. As noted earlier in this report, Planning Staff is of the opinion that the proposed MMPF is an inherently agricultural use and the proposed amendment meets the intent of the Rural and Agricultural policies of the Official Plan and is supported.

Section 3.5 of the new Official Plan provides that

"The predominant uses of lands designated Agriculture shall include, but not be limited to; the cultivation of crops on a commercial basis; the storage and processing of produce grown on the premises; the raising of livestock; greenhouses; small-scale agri-tourism; value added agricultural activities; specialty agricultural uses such as an agricultural research station, fertilizer or seed depot, feed mill, saw mill or kennel,


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provided the uses are compatible with adjacent uses; and agriculture-related accessory uses, including the sale of products from the farm operation."

In Staff's opinion, the growing and processing of medical marihuana is an agricultural use which is supported in the agricultural designation. Legal counsel shares the same opinion as reported in Planning & Development Report 2014-12.

Zoning By-law

Staff is proposing to amend the City of Port Colborne's Zoning By-law 1150/97/81 to set out specific regulations for the establishment of a MMPF within the Agricultural (A} Zone and the Rural (RU) Zone. The proposed zoning regulations are similar to those utilized for greenhouse operations and include provisions for lot area, lot frontage, rear and side yard setbacks, lot coverage, lighting, outside storage, parking and servicing requirements. The site specific changes are included as "Appendix E" to this report.

Additionally, although the growing of medical marihuana and the secondary processing use is a permitted agricultural use in the City's Zoning By-law, Staff seeks to ensure that it is specifically identified under the definition of "Agricultural" and that a new definition of "Medical Marihuana Production Facility" be added to the list of definitions and be a permitted use within the Agriculture and Rural Zone.

The following is the definition of agricultural in the Zoning By-law:

"AGRICULTURAL USE" means a use of land, building or structure for the purpose of animal husbandry, keeping of livestock, bee-keeping, dairying, fallow, field crops, forestry, fruit farming, horliculture, market gardening, pasturage, nursery, poultry-keeping, farm greenhouses or any other farming use, and includes the growing, raising, packing, treating, storing and sale of produce and other similar uses customarily carried on in the field of general agriculture and which are not obnoxious."

As stated earlier, it is the opinion of legal counsel that a MMPF can be interpreted as an agricultural use. The Director of Planning and Development (City Planer) shares the same opinion as publically stated to Council in 2013. The product growing inside a greenhouse does not change the use of a greenhouse regardless of the crop grown inside. Whether a greenhouse grows marihuana, flowers, aloe, ginseng or tobacco, the definition of an agricultural use

Finally, Staff had originally proposed removing "agricultural uses" from the Environmental Protection (EP} Zone. Upon further review of comments received and discussion, Staff support to remove this as a permitted use and therefore no change will be made to this section of the Zoning By-law.

Site Plan Control

Currently, the City's Site Plan Control By-law 5914/21/13 exempt's agricultural uses and small additions from site plan control. As a Medical Marihuana Production Facility has


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the potential to be large in size and may have a large employee base, Staff are proposing modifications to the Site Plan Control By-law 5914/21/13 to ensure that Medical Marihuana Production Facilities are subject to site plan control. Matters related to building location, parking, lighting, fencing and buffering can be addressed through site plan control to mitigate any adverse Impacts that may occur on adjacent properties.

Planning Dlvlslon Response to Public Comments

All comments received from the public are in regards to 462 Pinecrest Road. The March 24, 2014, Council meeting was the statutory public meeting dealing with all lands zoned Agricultural and Rural in the municipality -not 462 Pinecrest Road. There is no rezoning application for 462 Pinecrest Road.

All questions, comments and concerns were focused around an existing facility regulated under the 2001 Medical Marihuana Access Regulations (MMAR) and not specifically with the proposed Zoning By-law Amendment to permit and regulate Medical Marihuana Production Facilities in all Agricultural and Rural zones.

Due to the volume and reoccurring nature of the comments, questions and concerns, Planning Staff have broken the issues down into themes which will be addressed.

It is also important to note that an injunction was granted on March 21, 2014 which allows those who have a personal production license to continue to grow medical marihuana for personal medical use. This injunction does not impact on new applications under the MMPR (commercial grow and production operations). Existing Operation at 462 Pinecrest Road

The major issue that has been identified is the conflict between an existing operation on Pinecrest and residents surrounding that operation. Residents voiced many concerns with the existing operation including, odour, noise, lighting and location with respect to a residential area. While staff is sympathetic to these concerns, the intent of this Zoning By-law Amendment is not to regulate existing operations, which fall under the old Marihuana Medical Access Regulations (2001) and are essentially "grandfathered" in with the current injunction, but to direct any new or expanding commercial MMPF operations to more appropriate locations. Further, as publically stated by Marc Kealey, the operation at 462 Pinecrest has applied to be a licensed producer under the new MMPR. The details of the license application are protected by the Freedom of Information and Protection of Privacy Act.

The regulations contained in the "Marihuana for Medical Purposes Regulations (MMPR)" address many of the key concerns brought forward by residents including odour, noise, and lighting as provided below.

The proposed zoning amendment has been initiated in response to the introduction of the new MMPR, April 1, 2014 with the intent to control and regulate commercial MMPF through appropriate zone restrictions and Site Plan Control. The City has no control over the existing operations which fall under the old regulations, which were expected

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the cease as of April 1, 2014. With the court injunction, these regulations appear to still be in effect, in addition to the new MMRP and as such, Staff will continue to have no control over the growing of medical marihuana for persons with a personal production license until such a time as the issue is heard and a decision rendered by the Federal Courts. Any new applications made under the MMPR will be subject to the new federal regulations and municipal zoning provisions as proposed.

Notice

There was concern that Staff did not provide adequate notification to the Public on the proposed Zoning By-law Amendment. Notice of the Public Meeting was placed in the lnPort News on Thursday February 27, 2014 and again in the Welland Tribune on Monday March 3, 2014. The notice was also posted on the City's website and was mailed on February 27, 2014 to residents who requested further information via email and through a petition list provided by Mr. Kerry Fallon (attached to PDS 2014-20 as "Appendix A"). As per the Planning Act, Staff must provide notice in the prescribed manner at least 20 days prior to the Public Meeting. The Public Meeting was held on March 24, 2014, 26 days after the notices were posted and as such, Staff can confirm that proper notice was given.

Location

There was significant concern regarding the location of potential a MMPF and that they should not be located within a residential area. Specifically, members of the public did not feel that the current location of an existing operation on Pinecrest Road was appropriate. Staff feel it is relevant to note that this Zoning By-law Amendment does not seek to regulate existing operations that fall under the old MMAR regulations.

The new MMPR prohibit medical marihuana operations from locating in a dwelling, there are no specific regulations to specify where they can be located, setbacl< or parking requirements, and servicing or size requirements. It is the lack of these restrictions that now requires the City to amend the Zoning By-law to address appropriate siting of these facilities and any potential land use impacts. As directed by Council, a future amendment will propose amendments to the City's OP and Zoning By-law to permit a MMPF in the industrial areas of the municipality.

In order to achieve compatibility, Staff proposes that a MMPF may only be located on a property that permits agricultural uses in the Agricultural (A) or Rural (RU) Zones and is satisfied that these locations along with appropriate setback provisions may limit impacts on neighbouring properties.

Setback from Sensitive Land Use(s)

Staff has proposed that a minimum setback to sensitive land uses of 150 metres be required. This setback will be measure from building to building, similar to Minimum Distance Separation (MOS) calculations for other agricultural uses as discussed under "Odour" below. The 150 metre setback that has been proposed would exceed the 06 guideline setback of ?Om established by the Ministry of the Environment and matches or


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exceeds other setbacks that have been approved/proposed in other Ontario municipalities (outlined below):

Municipality

Chatham-Kent (permitted in agricultural zone) Fort Erie (permitted in agricultural zone) Milton (permitted in agricultural zone) Ottawa Toronto Vaughn West Lincoln (permitted in agricultural zone)

Setback Requirement

75-100 metres 70 metres 70 metres 150 metres 70 metres 70 metres *150 metres (Staff proposed 45m)

Additionally, as per the MMPR, these facilities must be completely contained indoors and provide proper ventilation, lighting and security to mitigate potential issues. No outside storage is also proposed. Staff are satisfied that this separation distance will mitigate any potential impacts that may arise from the day to day operations of a MMPF.

Odour

The new MMPR require that anywhere cannabis is present, an air purification system is required to ensure that odours do not escape beyond those areas. Based on this regulation, Staff do not anticipate any odour issues and feel that the minimum separation to Sensitive Land Use requirement of 150 metres will provide adequate separation distance in the case that odours somehow occur through malfunction of the air purification system or similar instances.

As a comparison, a Minimum Distance Separation (MDS) calculation was run for a chicken farming operation with 26,000 chickens (which is reflective of an existing operation within the City), located in the agricultural area. This type of use Is known to be odorous and the minimum required distance for this use according to MDS was 193 metres. Using the same MDS formula, a 150m setback would represent a facility containing approximately 11,000 chickens. It is important to note that unlike the growing of medicinal marihuana, a chicken barn is not required to provide any type of air purification system or other mitigating measures and as such, it is Staff's opinion that the MMRP requirements and the proposed minimum separation distance for sensitive land uses is adequate to address any concerns relating to odour in the event a malfunction occurs.

Servicing

As these facilities will be responsible for the growing of crop, they will require significant water and electrical resources to operate. Electrical resources will be dependent on factors such as nighttime lighting and security requirements, cloudy day growing in a greenhouse or year round growing with artificial light and heat sources within other types of building structures.


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Water/Sanitary services will be required for crop growing and also for washroom facilities that will be required for employees. Staff have proposed that servicing for the facility will be required to be designed by a qualified professional and that any impacts on the surrounding groundwater table and nearby wells be identified and mitigated. Additionally, Niagara Regional Health Department approval will be required for any septic systems required and if applicable, the Ministry of Environment deals with "permits to take water".

Lighting, Noise, Security

These operations are permitted to operate in buildings with more than 40% glass (greenhouse structure) and with the potential for artificial lighting, Staff are proposing visible nighttime lighting provisions (fencing), which will be enforced through Site Plan Control, to minimize any potential negative impacts on adjacent sensitive land uses. Additionally, all operations must be carried out indoors, therefore noise should be mitigated through this practice as well as the 150 metre setback from Sensitive Land Uses.

The MMRP require significant security measures be put into place prior to the issuance of a license. These measures include:

Site must be designed in a manner that prevents unauthorized access; Perimeter of the site must be visually monitored at all times by visual recording

devices to detect any attempted or actual unauthorised access; Perimeter of the site must be secured by an intrusion detection system that

operates at all times and that allows for the detection of any attempted or actual unauthorized access to or movement in the site or tampering with the system;

This system must be monitored at all times by personnel who must determine the appropriate steps to the taken in response to an occurrence;

Access to areas within a site where cannabis is present must be restricted to person whose presence in those areas is required by their work responsibilities; and

Areas where cannabis is present must include physical barriers that prevent unauthorized access and be visually monitored at all times to detect illicit conduct.

Staff is satisfied that these security measures will be adequate to address any issues with respect to security and safety.

Property Values

Medical Marihuana Production Facility will operate similar to a greenhouse operation on agricultural lands and would be subject to MPAC's assessment.

Size of Facility, Parking and Shipping

It is Staff's understanding that based on the MMPR, the production, processing and storing of medical marihuana will be entirely indoors with the majority of the floor space


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dedicated to growing, rather than processing. These facilities could have the potential to employ a significant number of employees depending on the size of the operation and will also be responsible for overseeing shipping the medical marihuana off site to those who can legally possess. The frequency of shipments will be dependent on the size of the facility as there is a limitation within the MMPR on the maximum size of the shipment. Additionally, these facilities will be required to be secured and monitored at the perimeter of the site as well as within areas where cannabis is present.

According to the MMPR, only 30 grams of dried marihuana is permitted in the immediate container and only one shipment of marihuana is permitted per order to a maximum of 150 grams. These shipments must also be tracked to ensure they reach the end user. Since the regulations restrict the amount of dried marihuana, Staff Is of the opinion that the shipment of medical marihuana will not negatively impact adjacent land uses as it will be picked up/delivered by Purolator, UPS or other similar system (small trucks).

Staff are proposing that parking for employees be regulated through the Zoning By-law and that the requirement for 1 parking space for every employee on the largest shift will address any potential negative parking impacts. Site Plan Control will address required parking areas and access drives.

Conclusions

The proposed amendments to the City of Port Colborne's Zoning By-law 1150/97 /81 and the Site Plan Control By-law 5914/21/13 will allow the City to regulate and control the location of medical marihuana production facilities and to ensure any negative impacts are mitigated. The City is not involved with the licensing of MMPF as it is under the jurisdiction of the Federal Government. Legal counsel has advised, that the municipality can't prohibit, only regulate and Staff is of the opinion that the best way to control these facilities is through proper zoning provisions for the Agricultural and Rural zones, and design through Site Plan Control.

4) OPTIONS AND FINANCIAL CONSIDERATIONS:

a) Do nothing.

This is not recommended as Health Canada may issue licenses for these facilities whether or not the appropriate provisions are in place.

b) Other Options

Although not recommended, as it would go against legal and staff's position, Council can chose to approve different zone provisions and requirements. If Council does so, whatever they may be, it may be perceived to be creating provisions that can't realistically be met and Council should be aware of the challenges that may arise.

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES:


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Not applicable.

6) ATTACHMENTS:

Appendix A: PDS 2014-20 (Public Meeting Report)

Appendix B: Agency Comments

Appendix C: Public Comments (Written)

Appendix D: Draft Public Meeting Minutes - March 24, 2014

Appendix E: Draft Zoning By-law Amendment

Appendix F: Draft Site Plan Control By-law Amendment

7) RECOMMENDATION:

1. THAT Council of the City of Port Colborne approves the Zoning By-law Amendment attached as "Appendix E" to this report.

2. THAT the City Clerk is hereby authorised and directed to proceed with the giving of notice of passing of the By-laws, in accordance with the Planning Act;

3. THAT pursuant to the provisions of Section 34(17) of the Planning Act, no further notice of public meeting be required; and

4. THAT the City's Site Plan Control By-law be amended.

8) SIGNATURES:

Prepared on April 2, 2014 by:

Lindsay Richardson Community/Policy Planner

Reviewed and Respectfully Submitted: ,;;-c-----. ____ ___.::,

Robert J. Heil Chief Administrative Officer

Reviewed and Approved By: -quilina, MCIP, RPP, CPT

Director of Planning and Development

Department of Planning & Development, Report No.: 2014-23 Page16of16

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Appendix: A

l'OR T COUlORNF. Department: Planning and Development

Report Number: 2014 - 20 Agenda Date: March 24, 2014

SUBJECT: Public Meeting: Proposed Zoning By-law Amendment - Medical Marlhuana Production Faclllty

1) PURPOSE:

Under the direction of the Director of Planning and Development, the purpose of this report is to provide Council and the public with information in respect to a City-Initiated proposed zoning by-law amendment to allow and regulate Medical Marihuana Production Facilities within the Rural and Agricultural Zones of the City.

2) HISTORY, BACKGROUND, COUNCIL POLICY, PRACTICES:

Jn 2001, the "Marihuana Medical Access Regulations (MMAR)" (hereinto referred to as MMAR) came into effect which allowed those suffering from certain illnesses to access marihuana for medical use. Under these regulations, authorised users could grow their own medical marihuana in their homes and gardens. In addition, these regulations also permitted other authorised persons to grow on behalf of a limited number of users.

Under these regulations a number of health and safety concerns have been identified within municipalities across Canada, including Port Colborne. These concerns include (but are not limited to):

Unsafe buildings due to alterations to accommodate the growing of marihuana; Improper ventilation either internal or external of poisonous fumes from the

chemicals used in the production of the plants, and odour due to actual plant growth and natural life cycle;

Mold and fungus issues within the building due to a lack of humidity control; Fire hazards and power outages as a result of Improper electrical works; and Potential for chemicals to leech into the ground or sewer system causing

environmental damage. The new "Marihuana for Medical Purposes Regulations (MMPR)" (hereinto referred to as MMPR), approved in June of 2013, established a licensing framework to allow the larger production, processing and distribution of dried marihuana for medical purposes. Now authorised users, medical practitioners, and/or hospitals must obtain their supply of medical marihuana from federally approved, regulated and licensed producers.

As of April 1, 2014 the transitional period for the old system will have expired and the only legal production of medical marihuana will take place in operations run by licensed producers. All legal marihuana grow operations in dwelling units will become illegal as of April 1, 2014 which will address some of the historical and current concerns of the residents and of the City's Fire and Building Services Departments.

On February 10, 2014 Council received Planning and Development Services Report PDS 2014-12. This report provided some background information on the new MMPR which

43

fall under the Federal Controlled Drug and Substances Act. In the report, it was indicated that legal counsel determined that a medical marlhuana production facility is an "agricultural" use:

"II is our opinion that a medical marihuana processing facility is permitted in the Agricultural Area and that no Official Plan Amendment or Zoning By-Jaw Amendment would be necessary."

Sullivan Mahoney also opined that in order for a "medical marihuana production facility" to be permitted in the Industrial Zone under the definition of a "general industrial use" or a "food processing establishment" an amendment would be necessary to both the Zoning By-Jaw and Official Plan for the cultivation portion of production.

It was recommended that a new definition for a "medical marihuana production facility' be created to be listed as a permitted use in the agricultural and industrial areas subject to the necessary amendments.

Council at its meeting on February 10, 2014 resolved that:

"Council receive this report for information purposes and that staff be directed to proceed to amend the provisions of the Zoning By-law, Site Plan Control By-Jaw, and policies of the Official Plan to regulate and provide provisions related to Medical Marihuana Production Facilities; and

That staff be directed to proceed in two phases: first, to amend the provisions respecting the Agricultural/Rural Zones; and second, to amend the provisions respecting the Industrial Zones and the Official Plan."

NewMMPR

The new MMPR enable the creation of an entirely new medical marihuana industry that is licensed by Health Canada and operated by licensed producers. Under the new regulations, licensed producers will have to meet extensive security and quality control requirements. For example, when potential licensed producers apply to Health Canada for a license, they must demonstrate that:

They employ a quality assurance person with appropriate training, experience and technical knowledge to approve the quality of their dried marihuana;

Chemical composition testing must be done and a recall system must be put into place;

The licensed producer must designate a senior person in charge for overall management of the operation;

There is an ability to register clients; The production site includes restricted-access areas, which would include al! areas

where a licensed activity is conducted with marihuana and cannabis;


44

Access to the production site is controlled at all times including 24/7 visual monitoring systems and an intrusion detection system to detect unauthorised access;

The site perimeter must be monitored and recorded 24/7 and the system must be monitored at all times by qualified personnel;

Air purification systems are in place that filters the air in areas where cannabis is present;

Key personnel hold a valid security clearance, issued by the Minister of Health; and

The applicant has provided written notification of their application, providing details regarding the location of the production site to the local police force, local fire authority and local government.

The new MMPR are federally regulated under the "Controlled Drug and Substances Act" and the federal government has exclusive jurisdiction in the licensing of these new facilities. However, the federal government has stated that all licensed producers must comply with all municipal laws and by-laws including municipal zoning by-laws. Accordingly, Staff has now begun the process to amend the Zoning By-law to allow a medical marihuana production facility as a permitted use in the Agricultural and Rural zones, with appropriate zone provisions to mitigate the impact of these facilities on adjacent land uses.

3) STAFF COMMENTS AND DISCUSSIONS: Public and Agency Comments

Notice of the Public Meeting was placed in the lnPort News on Thursday February 27, 2014 and again in the Welland Tribune on Monday March 3, 2014. The notice was also posted on the City's website and was mailed out to residents who requested further information via email and through a petition list provided by Mr. Kerry Fallon (attached hereto as "Appendix A"). As of the date of writing this report, the following public comments have been received and are attached to this report as "Appendix B":

Margaret Curtiss Weaver, 1717 Fire Land 2 (Seasonal Resident)

Ms. Weaver provided written correspondence to Staff indicating the following:

Concerned that the City is not putting enough weight on the difference between growing traditional agricultural products and medical marihuana. She feels that growing marihuana is like "growing highly valuable cash money then waiving it around asking someone to come and take it";

Feels that there will be an overwhelming temptation for growers to cheat, that organized crime will become involved and/or thieves will target these facilities with a potential to target others homes in the surrounding area;

Indicates that the requirements developed by the City should include requirements directed towards the health, safety and security of employees (i.e. adequate washroom and parking facilities, nighttime lighting for safety etc);

Would like to see a limit on the number and type of building and a minimum distance between buildings should be established for fire safety reasons - made


45

reference to the Town of Fort Erie setting a 70 metre setback between Class I facilities;

Wants to see the City consider the tax ramifications of this type of business and wonders what type of tax class this use would fall under;

Suggests this type of use be subject to Site Plan Control; Feels that strong consideration be given for pre-planning for waste water and

fertilizer runoff; Would like to see water samples being taken before operation begins and then

follow up samples provided to ensure water runoff limits are respected; Feels that because of the unknown health ramifications which accompany the

production of medical marihuana, consideration should be given to limiting the use of herbicides and pesticides and that encouragement should be given to operations using hydroponic cultivation methods;

Would like to see the requirement for air filtration systems to eliminate any potential odours;

Feels that the new requirements should deal with security, lighting, fencing and noise pollution in order to maintain the existing agricultural/rural character of the area and would like to see a separation distance between residential dwelling units and the production facility of a quarter of a mile; and

Feels that medical marihuana production facilities should only be permitted in the industrial/employment areas as illustrated in the Official Plan and located indoors, which would "remove much of the impetus for their existence in Rural or Agricultural Areas".

Notice of the Public Meeting was also circulate to the required commenting agencies and relevant City departments on February 21, 2014. As of the date of writing this report, the following agency comments have been received and are attached to this report as "Appendix C":

City of Port Co/borne Building Division

The City's Chief Building Official would require a building permit under the Building Code for any significant renovation to the building such as electrical, plumbing, ventilation, removal of walls etc. The demolition of all or part of a building would also be subject to a building permit.

The main concern to Building Division Staff is the absence of a specific Heath Canada regulation that would require sign off from the Chief Building Official or their designate to ensure that existing facilities that are renovated and new facilities that are created do not create life and safety hazards. The municipality must be notified by the licensed producer under the new regulations but the onus of compliance will fall to the municipality.

City of Port Colborne Fire Services Department

Port Colborne Fire & Emergency Services supports the proposed amendment which will ensure the appropriate locations for these facilities. In reality, these operations are agricultural and/or industrial in nature and should fall under the required zoning. Also, site plan control should be applied to these locations.


46

Ministry of Transportation The Ministry of Transportation has indicated in their comments that they have no objection to the amendment in principle and note that all proposed permanent buildings and structures both above and below ground, utilities, frontage roads and stormwater management facilities (ponds) must be set back a minimum of 14 metres (45 feet) from any provincial highway property lines.

Additionally, land use permits for all buildings within 46 metres (150 feet) of any provincial highway property lines, and a radius of 400 metres for the centre point of the intersection of any provincial highway and crossing roadway or 180 metres from the centre point of the intersection of any provincial highway and crossing roadway (distance depends on highway classification) will be required.

Region of Niagara Regional staff has reviewed the draft Zoning Bylaw Amendment to permit Medical Marihuana Grow and Production Facilities in the Agricultural and Rural zone category and is supportive of the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distributing of the product is supported by the Region's value added policies.

Planning Staff Analysis

Official Plan

As indicated earlier in this report, the City's legal counsel has indicated that a "Medical Marihuana Production Facility" is permitted in the Agricultural Area (designation) and that no Official Plan Amendment would be required at this time.

Zoning By-law

Staff is proposing to amend the City of Port Colborne's Zoning By-law 1150/97/81 to set out specific regulations for the establishment of a Medical Marihuana Production Facility within the Agricultural (A) Zone and the Rural (RU) Zone. The proposed zoning regulations are similar to those utilized for greenhouse operations and include provisions for lot area, lot frontage, rear and side yard setbacks, lot coverage, lighting, outside storage, parking and servicing requirements. The site specific changes are included as "Appendix E" to this report.

Additionally, although the growing of medical marihuana and the secondary processing use is a permitted agricultural use in the City's Zoning By-law, Staff seeks to ensure that it is specifically identified under the definition of "Agricultural" and that new definition of "Medical Marihuana Production Facility'' is added to the list of definition and permitted uses within the Agriculture and Rural Zone categories.


47

A medical marihuana production facility will be defined through the proposed Zoning By-law amendment as:

"A building or structure used for the cultivation, processing, testing, destruction, packaging and shipping of marihuana used for medicinal purposes as permitted under the Federal Government's Marihuana for Medical Purpose Regulations (MMPR) as amended from time to time or any successors thereto."

Staff is also proposing a definition of "Sensitive Land Use" be added to the definitions section of the Zoning By-law. A sensitive land use shall be defined as:

"Buildings, amenity areas or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges, fumes, odours, vibrations, sound waves or radiation generated by a nearby industrial, medical marihuana production, transportation or utility source. Sensitive land uses may be part of the natural or built environment. Examples may include, but are not limited to: residential uses, parks, community or day care centres, recreation areas, medical facilities, churches and schools."

Finally, Staff is proposing to remove agricultural uses from the list of permitted uses within the Environmental Protection Zone as these are lands with limited scope for agricultural uses.

Site Plan Control

Currently, the City's Site Plan Control By-law 5914/21/13 exempts agricultural uses and small additions from site plan control. As a Medical Marihuana Production Facility has the potential to be large in size and may have a large employee base, Staff are proposing modifications to the Site Plan Control By-law 5914/21/13 to ensure that Medical Marihuana Production Facilities are subject to site plan control.

Location

It is important to note that while the new MMPR prohibit medical marihuana operations from locating in a dwelling, there are no specific regulations to specify where they can be located, setback or parking requirements, and servicing or size requirements. It is the lack of these restrictions that now requires the City to amend the Zoning By-law to address appropriate siting of these facilities and any potential land use impacts.

Although they can no longer be located within a dwelling, there is no restriction on other sites within the City. It therefore falls on the local municipality to ensure these facilities are appropriately located to mitigate potential impacts.

In order to achieve compatibility, Staff is proposing that a minimum setback to sensitive land uses of 150 metres be required.


48

Size of Facility, Parking and Shipping

It is Staff's understanding that based on the MMPR, the production, processing and storing of medical marihuana will be entirely indoors with the majority of the floor space dedicated to growing, rather than processing. These facilities could have the potential to employ a significant number of employees depending on the size of the operatlon and will also be responsible for shipping the medical marihuana off site to those who can legally possess. The frequency of shipments will be dependent on the size of the facility as there is a limitation within the MMPR on the maximum size of the shipment. Additionally, these facilities will be required to be secured and monitored at the perimeter of the site as well as within areas where cannabis is present.

According to the MMPR, only 30 grams of dried marihuana is permitted in the immediate container and only one shipment of marihuana is permitted per order to a maximum of 150 grams. These shipments must also be tracked to ensure they reach the end user. Since the regulations restrict the amount of dried marihuana, Staff is of the opinion that the shipment of medical marihuana will not negatively impact adjacent land uses as it will be picked up/delivered by Purolator, UPS or other similar system (small trucks).

Staff are proposing that parking for employees be regulated through the Zoning By-law and that the requirement for 1 parking space for every employee on the largest shift will address any potential negative parking impacts.

Servicing

As these facilities will be responsible for the growing of crop, they will require significant water and electrical resources to operate. Electrical resources will be dependent on factors such as nighttime lighting and security requirements, cloudy day growing in a greenhouse or year round growing with artificial light and heat sources within other types of building structures. These operations are permitted to operate in buildings with more than 40% glass (greenhouse structure) and with the potential for artificial lighting, Staff are proposing visible nighttime lighting provisions to minimize any potential negative impacts on adjacent sensitive land uses.

Water/Sanitary services will be required for crop growing and also for washroom facilities that will be required for employees. Staff have proposed that servicing for the facility will be required to be designed by a qualified professional and that any impacts on the surrounding groundwater table and nearby wells be identified and mitigated. Additionally, Niagara Regional Health Department approval will be required for any septic systems required.


49

Odour

The new MMPR require that anywhere cannabis is present, an air purification system is required to ensure that odours do not escape beyond those areas. Based on this regulation, Staff do not anticipate any odour issues and feel that the minimum separation to Sensitive Land Use requirement of 150 metres will provide adequate separation distance in the case that odours somehow occur through malfunction of the air purification system or similar instances.

As a comparison, a Minimum Distance Separation (MDS) calculation was run for a chicken farming operation with 26,000 chickens (which is reflective of an existing operation within the City), located in the agricultural area. This type of use is known to be odorous and the minimum required distance for this use according to MDS was 193 metres. It is important to note that unlike the growing of medicinal marihuana, this type of operation is not required to provide any type of air purification system or other mitigating measures and as such, it is Staff's opinion that the MMRP requirements and the proposed minimum separation distance for sensitive land uses is adequate to address any concerns relating to odour.

Property Values

A loss in property values are not anticipated as the Medical Marihuana Production Facility will operate similar to a greenhouse operation outside the urban area boundary.

Conclusions

The proposed amendments to the City of Port Colborne's Zoning By-law 1150/97/81 and the Site Plan Control By-law 5914/21/13 will allow the City to regulate and control the location of medical marihuana production facilities and to ensure any negative impacts are mitigated. Health Canada will issue licenses for these facilities whether or not we have the appropriate zone provisions in place and Staff is of the opinion that the best way to control these facilities is through site plan control and appropriate zoning provisions.

4) OPTIONS AND FINANCIAL CONSIDERATIONS:

Not applicable, this report is for information purposes only.

a) Do nothing.


b) Other Options



50

5) COMPLIANCE WITH STRATEGIC PLAN INITIATIVES:

Not applicable.

6) ATTACHMENTS:

Appendix A: Petition and Email Request Circulation List

Appendix B: Public Comments

Appendix C: Agency Comments

Appendix D: MMAR/MMPR Comparison Chart

Appendix E: Draft Zoning By-law Amendment

Appendix F: Notes from Health Canada - Ministerial Response to Town Hall Meeting Questions

7) RECOMMENDATION:

1. That this report be received for information purposes.

8) SIGNATURES:

Prepared on March 12, 2014 by:

Lindsay Richardson Community/Policy Planner

Reviewed and Respectfully Submitted:

Robert J. Heil Chief Administrative Officer

Reviewed and Approved By:

FOR Dan Aquilina, RPP, MCIP, CPT Director of Planning and Development


51

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City Clerk 66 Charlotte Street

Margaret Ctutiss Weaver 1208 Mountain-Aire Way SE

Olympia, WA 98503-1921 (USA)

Port Colbome Ontario L3K 3CK

Subject: Input for Public Meeting

Appendix B

The following is provided for input to the Public Meeting for the Proposed Zoning By-law Amendment, Medical Marihunana Production Facility, scheduled for March 24, 2014 at 6:30 PM in the City Hall Council Chambers. Please provide this input to the appropriate authorities.

My name is Margaret ClU'tiss Weaver. I am a joint owner of Lake Erie shoreline prope1ty. That property is located at 1717 Fire Lane 2 in the City of Po1t Colbome. I own the property jointly with my niece, Cullen Ctutiss.

My family has owned this prope1ty since 1948. The prope1ty is located in what is known as 1he Lonaine Connnunity, established in 1897. All of the properties are taxed as lakefront properties. The focus of the Lonaine Community is on the quiet enjoyment of the beaches and woodlands which nm along the shoreline of Lake Erie. We love the place and intend to keep it as long as our finances and our health pennit.

Because of our love for Lorraine and the Poli Colbome community which we consider our second home, we are quite concerned about the ramifications associated with the potential development of a medical marijuana grow operation in our neighborhood. Because of these concerns we thank the City of Poli Colbome for this oppolitmity to have a say in the proposed zoning by-laws which relate to such facilities. Since we are smnmer residents, we will not be able to attend the public meeting scheduled at 6:30 pm on March 24, 2014 and this letter will constitute our input for that meeting.

The first point I would like to make is that both I and my niece are concerned that the City of Port Colbome is not placing enough weight on the difference between the production of medical marijuana and the production of routine agriculturnl products that are common to om neighborhood. \Ve are used to onions, wheat, barley, alfalfa, tomatoes, hay, you name it. We consider the farmers who own prope1ties abutting oms to be our good neighbors and our friends. But the introduction of medical marijuana is an entirely different breed of cat. This product introduces into a peaceful, quiet and calm co1mntu1ity a serious threat and that threat goes to the hemt of the peace of mind we must have in order to enjoy om colll!ntmity and our way of life.

Growing medical marijuana is not growing tomatoes. Growing marijuana is like growing highly valuable cash money then waiving it around asking someone to come and take it. In our view, medical marijuana brings with it three avenues of threat. First of all, there

55

Appendix B

will be an overwhelming temptation for growers to cheat on their production by puqJosely misrepresenting how much they me growing. As untaxed and mrnccounted for wealth, this will prove too tempting for organized crime and dmg cartels to pass up. Secondly, the crop itself will become a target of greedy individuals simply seeking to increase their personal wealth. These are not individuals who are paiticularly interested in dmgs, but they are simply thieves. Finally, the druggies who inhabit some levels of our society are well known to occasionally act inm1aturely, impulsively, and without sufficient forethought. On a lark, a whimsy, or out of pme desperation, these hapless souls may try to take what they want or feel they need and in the process they may miss their target and invade our homes, rather than what should have been their target. Regardless of which of these three so11l'ces of tlueat are at work, common sense tells us that the introduction of a marijuana growing operation, medicinal or othe1wise, will pose an increased degree of threat to the property owners near these grow operations.

These are not hypothetical concerns. There have been too many attacks by chug dealers on one another's production facilities, and too many addled and disoriented dmg users attacking persons who were or were not involved in ch11gs to deny this. Because of this real concern for safety, the importance of this proposed zoning by-law amendment takes on additional irnpo1tance. While the impetus for much of the Controlled Dmgs and Substances Act lies beyond the reach of our City, the establishment of the standards we are to use within om own community remains in om hands. What follows is an attempt to assist you in that regard.

The nmnber of employees who will be required in atlY given medical marijuana growing facility is unknown, but one developer who cmrently has 20 employees expects to add up to 200 more (Reference A). The standards our City is developing for these facilities should recognize that mll'llber and include requirements directed toward the health, safety, and security of those employees.

There should be a requirement that there be an appropriate level of toilet facilities for those 20 to 200 employees. If the grow operation requires a septic system, a septic system standard should be set which is appropriate to the anticipated work force.

These facilities should be subject to periodic fae safety and physical security inspections to insure that the appropriate city and provincial fire codes and the security requirements of the Controlled Drngs and Substances Act are being followed. The standards being considered should include periodic inspections to ensure that these requirements are being met. I would suggest that annual inspections by City of Pmi Colbome employees knowledgeable of the requisite fire codes of the City and the physical security requirements of the Controlled Drngs and Substances Act would be appropriate.

Parking should be beside or behind any strnctmes, not in front of the prope1ty. Parking should be safe and adequate for the number of employees and visitors expected. If nighttime operations are conducted, parking should include lighted parking areas for employee safety reasons. The lighting should be required to be designed in a manner

56

Appendix B

which directs light downward ancl inward, not interfering with the nighttime vision of neighboring prope1iies.

Road access standards should be included which insure safe access for trncks and service vehicles. Such access should insme that these vehicles gain access to the included buildings from the side or behind the buildings. Loading platfomis should not be prominent and should be shielded from the public roadway by landscape plantings.

A limit should be placed on the number and type of buildings and a 111iniimm1 distance between buildings should be established for fire safety reasons. In this regard, Ft Erie has justified 70 meters between "Class I" facilities, defined as " ... a small buslliess, self-contained plan or building which produces or stores a product which is contallied in a package and has low probability of fugitive emissions" (Reference B).

Some consideration should be given to the tax ramifications of this type of business. Ft Erie has identified potential taxation issues iii that town. Accordllig to the pape1work accompanying that town's Janumy 20, 2014 by-law amenclment to its Official Plan, "These facilities given their ii1dustrial nature should be taxed industrially as the facility does process the product and warehouse the product for shipping. The Town will need to discuss the taxation of these facilities fiuiher with the Municipal Property Assessment" (Reference C). Because a grow operation llivolves not only the raisii1g of a product, but also its packagllig and preparation for shipment, that operation should be considered a new or expanding Co1mnercial or Industrial development and thus subject to Site Plan Control under Section 3 .4 of the City of Port Colbome Official Plan.

Because marijuana grow operations require substantial am01mts of water and fertilizer, strong consideration should be given to pre-plannllig for waste water and fe1tilizer nm-off. This is especially trne in sensitive areas which drain onto Environmental Protection Ai:eas, Natural Hazard Lands, Streams, Significant Woodlands, Enviromnental Conidorn, Fish Habitats, and Vulnerable Aquifer Areas, as described in Schedules BI, B2, and B3 of Tue City of Poti Colbome Official Plan. Significant setbacks should be established to protect these areas from potential hmm from this commercial operation.

In order to llisure that water mnoff limits are respected, establishment of a marijuana grow operation should be preceded by the submission of water samples taken at the prospective grower's expense. Standards for takii1g: samples should be llicluded, with a more strllig:ent standard for busii1esses in Vulnerable Aquifer Areas and near Fish Habitats. Such samples should be submitted to a laborato1ywhich the City of Port Colbome deems competent for that pu1pose. The written results of that initial water sample should be provided to both the City of Poli Colbome and the prospective grower. TI1e City would retalli its copy as a public record and the grower should be required to retalli its copy of that repoti for the duration of that grow operation. Follow-up samples should be required, agalli at the marijuana grower's expense, at reasonable intervals. Perhaps ammally in areas where the aquifer is al risk and less often ill other areas.

57

Appendix B

Because of the sensitive nature of the ecosystem near Lake Erie and because of the unknown health ramifications which accompany the production of medical marijuana, consideration should be given to limiting the use of herbicides and pesticides by marijuana grow operations which function within the jurisdiction of the City of Port Colborne.

Some consideration should be given to encouraging hydroponic cultivation methods for marijuana grow operations. It is my understanding that such an approach would help reduce the pollution nm-off problems associated with grow operations.

Because there have been complaints about odors associated with these grow operations (see Reference D) and because the health affects of these odors are unknown, standards should be established which deal with the need for effective filters which eliminate noxious odors. Not just reduce them, but eliminate them. Additionally, any standard set regarding odor should include a mechanism by which the offending operation can be shut clown if that standard is violated.

The security cameras required as pmt of the grow operation's security system should be required to function well enough to produce pictures which are clear enough to actually identify would-be burglars. Without requiring a standard for those cameras, the proprietors of grow operations will probably only purchase cameras of minimal capability to minimize their overhead costs.

When establishing standards for grow operations, strong consideration should be given to limiting the amom1t of light allowed to emanate from the property. One citizen in Caledon Village complained about the high pressure soditllll lights used by the grow operation in his neighborhood. In this person's estimation, the light coming from his neighbor's house was so strong that the house " ... looks like it's on fire from the road" (Reference E). Because profit is the objective of any business entity, there will be an ove1whehning temptation to increase that profit by using grow lights on a 24-hour basis. In order to protect the surrounding prope1ty owners and to reduce light pollution in the mea, light standards should be established which require grow operations to prevent any light sources from leaking onto smrnuncling prope1ties. Such a stat1clarcl should also deal with any security lighting which may be associated with the property.

When establishing standards for grow operations, noise pollution should also be a consideration. Electric or diesel generators should be required to be no louder than they would be in downtown Port Colbome. If security clogs are utilized for prope1ty protection, they, too, should be subject to the same noise limitations as would apply in the city.

Development in a Rural area should be consistent with the placement and rural character of the existing buildings. Exceptionally high, solid fences associated with the security provided for marijuana giow operations are out of character with smrnm1cling rural fanns and private homes and this tends to have an adverse affect on sunotmcling property values. A fencing standard should be established which is consistent with the

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Appendix B

smrouncling properties and which mitigates the adverse effect of "prison style" fencing on smrntmcling prope1iy values.

Marijuana grow operations are prohibited in buildings used as residences (Reference F). As a result, marijuana grow operations should not be penuitted near residential areas. Who your neighbor is and whether or not his prope1iy fits in with yoms, has a significant effect on property values, so significant distance requirements should be established to separate grow operations from residential areas. For this pmpose, I would suggest a separation of at least a qumier of a mile.

Possibly the best solution for location of foture marijuana grow operations would be that they should be pemutted only in the Industrial/Employment areas described in Section 3.10 of the City of Po1t Colbome Official Plan. The requirement that medical marijuana grow facilities be located indoors removes much of the impetus for their existence in Rural or Agricultural areas. Tue significant security concerns, the electric power demands, the need for water, and the imp01iance of controlling waste and nmoff all speak in favor of encomaging the location of these facilities within Industrial/Employment areas can more efficiently be addressed.

Thank you for this opporhmity to pmiicipate in this process. If you have questions or would like to contact me for any reason, I may be reached by mail at:

Margaret C. Weaver 1208 Mom1tain-Aire Way SE Olympia, WA 98503-1921 (USA)

References

A. "Growing Medical Marijuana is Big Business in Canada," Michael Comte (AFP) Feb 15,2014.

B. http://www.town.f01ierie.ca/bylaws/2014-006/$FILE/2014-006.pdf. See Section 4E.

C. http://www.town.forterie.ca/bylaws/2014-006/$FILE/2014-006.pdf. See Section 4G.

D. www.drngpolicycentrnl.com/bot/xmiicle/ orangeville8 624 .hhn.

E. www.drugpolicycentral.com/bot/xarticle/orangeville8624.htm.

F. http://www.hc-sc.gc.ca/dhp-mps/nmrihuana/info/ackl-supp-eng.php.

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I .. N

AppendixC PLANNING & DEVELOPMENT SERVICES BUILDING DIVISION 66 Charlotte Street

POR. T COLBOR.NE Port Colborne Ontario, L3K 3CB

MEMO TO:

FROM:

DATE:

RE:

Lindsay,

Lindsay Richardson, Community Polley Planner

Lyle Merritt, Chief Building Official

March 7, 2014

Medical Marlhuana Production Facility - Proposed Zoning By-law Amendment

I have had a chance to review the proposed zoning by-law amendment to permit "Medical Marihuana Production Facilities" within the Agricultural and Rural Zones of the City and provide the following for your consideration:

I will require a building permit under the Building Code for:

Significant renovation to the building such as electrical, plumbing, ventilation, removal of walls etc.

Demolition of all or part of a building New construction

Additionally, I am concerned with the fact that there is no specific regulation stipulated by Health Canada that requires any sign off from the CBO or their designate to ensure that existing facilities that are renovated or newly created facilities do not create life and safety hazards. While I recognize that the municipality must be notified by the licensed producer, the onus of compliance will fall to the municipality.

Lyle

60

Fro111: To; Subjec.t: Date: Signed by:

Mike Bendia Undsav Richardson; Ly!e Merritt: Tom Cartwright Re - Medic-al Marihuana Production facility 03/13/2014 03:34 PM CN=Mike Bendia/O=Port_Notes

Port Colborne Fire & Emergency Services has reviewed the information provided with regards to a Zoning By-Law Review and is offering the following comments.

Port Colborne Fire & Emergency Services supports the proposed amendment which will ensure the appropriate locations for these facilities. In reality, these operations are agricultural and/or industrial in nature and should fall under the required zoning. Also, site plan control should be applied to these locations.

This amendment would coincide with the new Federal regulations which prohibits licensed marihuana grow operations from being located in dwelling units, which in the past has been a concern for the emergency services. Should you have any questions, please feel free to contact this office. Michael Bendia Fire Prevention Officer

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Fro111: To: Cc: Subject: Date:

Jokntc Sonja CMTOl [email protected] Gitkow. Alexandre (MTO) Re: Re-Zoning for Medka! Marihunana Production Facility 02/27/201411:09 AM

We have completed our review of the above noted application and have no objections in principle. All proposed permanent buildings and structure!'! both above and below ground, utilities, frontage road.a and stormwater mt'lnagement facilitie5, {pondei), must be 5et back 14 metres (45 fe-et) minimum from any provincial highway property lines. The owner shall be advieied that Ministry building/land-use 12ermits for all buildings within 46 metres

(150 feet) of any of our lines, and a radius of 400 metres from the centre point of the intersection of any provincial HLghway and crossing roadway orl80m from the centre point of the

intersection of any provincial Highway and crossing roadway (distance depends on classification of the highway) will be required prior to any development of the site. Ministry permits must be obtained

from Mr. Alek Gitkow, Permits Officer, ('116) 235-4387, at the above captioned addreas. If you h

Fro1n: Landrv. Denise To: Cc:

Lindsay Richardson (lindsayrichardson@oortcolbome ca) Gray. Teresa

Subject: Zoning Bylaw Amendment Medical Marihuana Grow and Production Fadlities Comments 03/12/2014 10:45 AM Date:

Hi Lindsay, Regional staff has reviewed the draft Zoning Bylaw Amendment to permit Medical Marihuana Grow and Production Facilities in the Agricultural and Rural zone category and is supportive of the City's efforts to regulate this land use. The growing of medical marihuana is considered an agricultural use by definition in the Regional Official Plan and the processing and distributing of the product is supported by the Region's value added policies. With respect to the proposed amendment, Regional staff offer the following comments:

The draft amendment includes servicing requirements for this type of use which can include private septic, stormwater and water. If the intent is to ensure sufficient irrigation water, we suggest the sub title be changed to irrigation/ water requirements to clarify the intent.

Although not Included in the draft zoning provisions, it is our understanding that the proposed Zoning Bylaw will amend the permitted uses within the Environmental Protection zone by removing Agricultural uses and therefore not permitting Medical Marihuana Production Facilities. Will existing agricultural uses within the Environmental Protection zone be recognized and how would a conversion to a new Medical Marihuana Grow and Production Facility be addressed within the EP zone?

I hope these comments will be of assistance to you in your review of the proposed amendment. If you could please notify us of Council's decision regarding the Zoning By-law Amendment for our information, it would be much appreciated. If you have any questions, please do not hesitate to contact me by phone {extension 3593) or by e-mail [email protected] Denise

Denise Landry, RU.RPI Planner - Policy Planning and Development Services Tel: 905 685 - 4225 ext. 3593 [email protected] Nia. gara R .. e. gr' on-------------------

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Appendix D

Comparison Chart of MMAR and MMPR Regulations Current MMAR Reoulations (2001) New MMPR Reoulations (2013)

Authorization to Authorization by Health Canada A person authorized to obtain dried Possess required by individual uses to marihuana for their own medical

possess for medical purposes; and purposes or for a person to whom they Authorization expires in 12 months are responsible;

from the date of issue A licensed producer; A health care practitioner; and A hospital

Growth/Production Personal Use Production License Licensed Producers Details production site indoor, Indoor production only, and not in a

outdoor or both; dwelling place; If outdoor at all, it must not be Subject to regulatory requirements and

adjacent to a school; inspections; Must detail maximum number of Inventory lists must be l

Appendix D

Sale/Distribution Qualified individuals can grow their Licensed producers may sell cannabis own marihuana provided they are or marihuana to another licensed licensed to produce. producer, the Minister, or a person who

has been granted an exemption; and A licensed producer may sell dried

marihuana to a client for the producer or an individual responsible for that client who has authorisation to possess, a hospital employee, or a person who has been granted an exemption.

Other Criteria No more than 4 licenses to produce Security Measures at any production site. Perimeter of the site must be monitored

and recorded at all times, the perimeter must be secured by an intrusion detection system that operates at all times, the system must be monitored at all times by personnel; and

Areas within the site where cannabis is present will have restricted access to workers and a responsible person must be present at all times with Staff and the area must be secured by an intrusion detection system and monitored by personnel.

Filtration of Air Those areas with cannabis present

must be equipped with a system that filters the air.

Packaging Packaging has security feature to

ensure it has not been opened once sealed;

Not more than 30 grams of dried marihuana in the container and must contain a product label; and

If selling to a client, must have client's information on conta

Medical Marijuana Bylaw

Documents

Transcript of Medical Marijuana Bylaw