COUNCIL REPORT: Zoning and Medical Marijuana

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council DATE: April 22, 2014 FROM: Lindsay Chase, RPP MEETING DATE: May 6, 2014 FILE NO.:

Zoning and Medical Marijuana

RECOMMENDATION:

THAT this report be received for information;

AND THAT Council prohibits the growing, storing, processing, testing and distribution of cannabis in all zones in the new Zoning Bylaw.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To provide background information on zoning issues related to medical marijuana.

TIME CRITICAL:

Yes. Staff would like to provide clarity on this matter in the new zoning bylaw which will be coming forward for bylaw readings and a possible public hearing in June.

BACKGROUND:

Staff raised the issue of zoning around cannabis in December. No decision was made at that time.

Since that time, information has come forward from the City of Pitt Meadows about zoning issues related to cannabis production. The staff report from Pitt Meadows is attached (Attachment 1). Staff note that there is ALR land in the Town of View Royal and that many large parcels north of Thetis Lake include agriculture as a permitted use. The secondary issue that is raised by Pitt Meadows is that there may be farm tax implications for properties that grow cannabis, even if the zoning on such parcels is industrial or commercial.

PROJECT INFORMATION:

Staff have identified three options for Council consideration:

1. Prohibit cannabis production as a permitted use in all zones.
2. Allow cannabis production in selected zones.
3. Do not address the issue in the new Zoning Bylaw.

Option 1 is a conservative approach to this land use issue. Staff notes that the same issues around access, security and emergency services access exist on Agricultural zoned properties in View Royal as exist in Pitt Meadows. Servicing issues may also be problematic as the lands north of Thetis Lake do not have access to water other than than ground water.

Option 2 would see cannabis production permitted in a limited way. Staff recommend that if this option is considered, that the use be permitted in an industrial zone only. The Town has one industrially zoned property (I-1—Light Industrial). Council needs to be aware of the possible taxation implications if such a use were to locate on these lands. It is possible that such a use might be able to obtain farm tax status regardless of commercial or industrial zoning.

Option 3 would in effect allow the use on ALR land and lands with Agricultural zoning and it would be protected under the Farm Practices Protection Act.

BUDGET IMPLICATIONS:

None at this time. If Council elects to proceed with amendments after the new zoning bylaw is adopted, costs associated with notification and a public hearing will be incurred.

POLICY IMPLICATIONS:

The land use implications of cannabis production as a lawful use are not fully known at this time. It is however a unique land use issue that can be addressed through zoning in order to mitigate possible impacts on services, ground water and adjacent properties.

ALTERNATIVES TO STAFF RECOMMENDATION:

1. Prohibit cannabis production as a permitted use in all zones. Staff recommend this option.

2. Allow cannabis production in selected zones. This option limits the number of properties that could take advantage of this zoning. It also ensures a property that has adequate servicing and one that can be easily accessed by emergency services. If this option is preferred by Council staff would recommend placing limits on the extent of the use as the parcel in question is very large.

3. Do not address the issue in the new Zoning Bylaw. Staff do not recommend this option as there are a number of parcels that would be allowed to have this type of use, most of which are outside of a water service area and have poor emergency services access.

RECOMMENDATION:

THAT this report be received for information;

AND THAT Council prohibits the growing, storing, processing, testing and distribution of cannabis in all zones in the new Zoning Bylaw.

SUBMITTED BY:

Lindsay Chase, Director of Development Services

REVIEWED BY:

Kim Anema, Chief Administrative Officer

Attachments:

1. Report and Zoning Bylaw Amendment from City of Pitt Meadows