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File # RZ2018
RZ2018--001
Report To: Mayor and Council
From: Director of Development
Presenter: Ashley Murphey
Subject: Administration Report No. 0008/18
Zoning Amendment Bylaw No. 2419, 2018 - Cannabis Retail
Stores
Options: Staff were not sure whether Council wanted a draft bylaw to
review or to give first reading to at this Special meeting.
Therefore, there are two options for Council's consideration, the
first recommendation acknowledges Council's direction with
authorization for staff to proceed with public consultation and
the second option is giving first reading to the Bylaw and
authorizes public consultation.
OR
Due to time constraints, this report has not been reviewed by the City Manager.
KEY INFORMATION:
Pursuant to the May 14, 2018 resolution, a draft bylaw has been prepared with regulations
to address Cannabis Retail use, as outlined in the resolution:
“THAT, a Special Committee of the Whole and Regular Council meeting be scheduled for
May 22, 2018 to receive Development Services
Services’’ draft communication plan for cannabis
zoning to obtain Council feedback,
Cannabis Retail uses at this time. The intent is that public engagement and
analysis of the feedback and research will inform the draft Zoning Amendment Bylaw
presented to Council for readings and adoption.
An engagement plan has been prepared as per Council Resolution 169/18, which is
outlined within Committee of the Whole Report No. 0007/18. The public engagement
process will gather public feedback on identified setbacks from schools, parks and
other Cannabis Retail uses, through various activities as outlined within the
engagement plan. The feedback collected will be used to complete a final analysis to
prepare a Zoning Amendment Bylaw Report for Council's consideration on June 11,
2018.
Overview and explanation of proposed zoning regulations for Cannabis Retail is as
follows:
Cannabis Retail is proposed in C2, C3, and C4 zones.
For the setback distance from schools and parks, a few options for public
engagement are proposed: Zero metre (no setback), 50m, 100m, 200m.
For the setback distance between other Cannabis Retail (stores), a few
definitions:
1. Cannabis Retail: “Means the retail sale of cannabis or
cannabis accessories as lawfully permitted and authorized
under the Provincial Cannabis Control and Licensing Act Act””.
2. Recreational Cannabis Production Facilities
Facilities:: "Means a
facility used for the cultivation, growth, processing, testing,
storing, destruction, packaging, shipping or distribution of
cannabis or its derivatives for recreational purposes, as
lawfully permitted and authorized under the Federal
Cannabis Act ".
Act".
As a note, based on the direction from Council, the number of Cannabis Retail stores and
security measures are not included in the zoning regulations.
The proposed setback distances are based on feedback from Council during the May 14,
2018 Committee of the Whole, and a review of other municipalities in the country which
have permitted Cannabis Retail uses within their Zoning Bylaw. It is to be noted that a
majority of the other municipalities reviewed have much larger geographical areas
compared to Fort St. John and therefore distance setbacks identified are appropriate to
each City. Upon review of other municipalities regulations, the following setbacks were
noted:
1. Vancouver
300m setbacks from schools, community centres, neighbourhood houses,
2. Victoria
200m setbacks from schools
3. Red Deer
Cannabis Retail uses shall not be located adjacent to a drinking
establishment, microbrewery, or liquor store
300m setbacks from schools, other Cannabis Retail uses, day care facilities,
City
City--operated recreation facilities and hospitals
4. Edmonton
200m setbacks from schools
100m setbacks from provincial health care facilities, parks and City recreation
centres
Based on a review of other communities, as listed above, mapping analysis was completed
to examine the potential of requiring setbacks from other uses such as institutional zoned
properties and liquor stores. However given the direction to consider the ability for
Cannabis Retail to be located within the City, it was determined that to require such
additional setbacks would essentially prohibit Cannabis Retail uses within the City.
Through this review process it was noted that a 300m setback was used in several other
communities to buffer Cannabis Retail uses from other uses such as schools and parks.
Mapping analysis was completed to review this information and it was determined that a
setback requirement of 300 metre would be more prohibitive in nature within the City of
Fort St. John, due to the layout of our smaller, more compact community and would limit
Cannabis Retail uses to areas south of the Alaska Highway.
In addition to setbacks from schools and parks, Council also requested that staff present
recommendations on setbacks from other Cannabis Retail locations. Currently the
Province requires a 1km setback between liquor stores. Staff reviewed this as an option,
however such a setback requirement would potentially restrict the proposed use to one
store within the C2 - Downtown Core Commercial Zone. Given the direction to consider
the ability for Cannabis Retail to be located within the City, other options are being
proposed for public feedback.
Based on the analysis above, requiring setbacks of 300m or greater would be overly
restrictive for the City of Fort St. John due to its layout, and may also not fully support the
Downtown Action Plan, specifically the following objective and policy:
O11.1 - To reinforce and prioritize the downtown as the commercial, cultural, and
employment centre of the City.
P11.7.6 - Focus specialty retail, entertainment, restaurants, and civic uses within
the core as illustrated in the land use diagram. In particular support niche retail
uses along 100 Street and 100 Avenue in the core area.
Staff have therefore proposed setbacks of 200m, 100m, 50m and Zero metres from schools
and parks, respectively, as shown in the attached mapping [see Attachment 1: Proposed
School Setback Maps' & Attachment 2: Proposed Park Setback Maps']. The same setbacks
have also been proposed to regulate the distance between Cannabis Retail uses.
The options will be used to gather public feedback, with the Zero metre proposed setback
acting as a control number and a means of determining whether or not the public feels
setbacks should be required from schools and/or parks and/or other Cannabis Retail uses
respectively. When all proposed buffers are combined, the result will show areas where
Cannabis Retail uses will be restricted and where they may be located, the extent of which
is to be determined through the public engagement process.
Staff have also included wording in the draft bylaw which relates to how the bylaw shall be
interpreted to address the technical need for clarity in the zoning regulations and for
instance when reviewing potential applications for Cannabis Retail uses. The wording
used is as follows:
"Cannabis Retail shall be prohibited within xxxx metre (in a straight line from
closest parcel line to closest parcel line) of a lot or unit where Cannabis Retail is a
permitted use, whether or not Cannabis Retail is an active existing use of that lot or
unit."
This wording will allow for the consideration of applications for properties within a
commercial development that may have multiple units, at least one unit of which may be
within xxxx metre of a another Cannabis Retail use. In addition this will ensure clarity and
consistency when evaluating applications for Cannabis Retail upon legalization.
Pursuant to legal advice, the definitions have been worded to ensure that no Cannabis
Retail uses may be permitted in advance of Federal and Provincial legalization.
RELEVANT OBSERVATIONS:
Bylaw Adoption Process:
Recommendation 1
The proposed bylaw adoption process following public engagement includes the
following:
A Zoning Amendment Bylaw prepared for First and Second Readings at the
June 11, 2018 Regular Council Meeting.
A Public Hearing, with Third Reading and Adoption of the Bylaw at the June 25,
2018 Regular Council Meeting.
Adoption Process steps are laid out and are proposed to take place in advance of
July 1, 2018, as requested by Council pursuant to Council Resolution 169/18.
Recommendation 2
The proposed bylaw adoption process following public engagement includes the
following:
» Zoning Amendment Bylaw (with additional measurements provided by
Council to insert into the draft bylaw) given first reading on May 22,
2018.
» Zoning Amendment Bylaw given second reading at the June 11, 2018
Goal No. 5 - Actualize downtown Fort St. John as a social, vibrant, liveable hub as
articulated in the Fort St. John Downtown Action Plan.
ESSENTIAL QUESTION:
Does Council support the draft bylaw for public engagement?
Did Council want to give first reading to the draft bylaw? Or did Council just wish to see a
draft?
KEY RESULT: Council supports the proposed draft bylaw for public engagement.
UNINTENDED OUTCOMES: That Council does not support the draft bylaw as presented and
provides direction for additional or different setback distances to be considered.
DEPARTMENTS CONSULTED ON THIS REPORT to achieve the key results (pros and cons)
Development Services
Strategic Services
Legislative and Administrative Services
Attachments:
Attachment 1: Proposed School Setback Maps
Attachment 2: Proposed Park Setback Maps
Draft Zoning Amendment Bylaw No. 2419, 2018 - Cannabis Retail Stores
Cannabis Control and Licensing Act Bill 30 - Consumption in Public Places excerpt
RESPECTFULLY SUBMITTED:
Ashley Murphey, Planner
16 May 2018
¯
0m Setback of Cannabis
Retail from Schools
119 Ave
93 St
115 Ave
100 St
111 Ave
112 Ave
Legend
110 Ave
Municipal Boundary
104 St
Schools
108 St
89 St
105 Ave
106 St
79 St
C3 C2 - Downtown Core Commercial
101 St
94 St
C3 - General Commercial
92 St
C4 C4
98 St
100 Ave
C4 C3
C4 - Service Commercial
C4
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93 St
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93 St
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Legend
100 St
112 Ave
111 Ave Municipal Boundary
110 Ave
Schools
104 St
50m Schools Buffer
108 St
89 St
105 Ave
106 St
79 St
C3 C2 - Downtown Core Commercial
101 St
94 St
C3 - General Commercial
92 St
C4 C4
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104 St
200m Schools Buffer
108 St
89 St
105 Ave
106 St
79 St
C3
C2 - Downtown Core Commercial
101 St
94 St
C3 - General Commercial
92 St
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50m Parks Buffer
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89 St
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106 St
79 St
C3
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101 St
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89 St
105 Ave
106 St
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101 St
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A bylaw to amend City of Fort St. John Zoning Bylaw No. 2181, 2014
and Peace River Regional District Zoning Bylaw No. 1343, 2001
In accordance with Sections 34 and 479 of the Local Government Act, the Council of the City of
Fort St. John, in open meeting assembled, enacts as follows:
1. Fort St. John Zoning Bylaw No. 2181, 2014 is hereby amended in the following manner:
Amend Section 3 – Definitions by replacing the existing definition with the following:
Medical Marihuana Means a facility used for the cultivation, growth, processing,
Production Facility testing, storage, destruction, packaging, shipping or distribution
of marihuana for medical purposes as lawfully permitted and
authorized under the Federal Access to Cannabis for Medical
Purposes Regulations (ACMPR) or any subsequent legislation
which may be enacted in substitution thereof.
Amend General Regulations Section 4.3 – Permitted Uses, by replacing the existing
text with the following:
No land, building or structure in any zone shall be used for any purpose other
than a specified permitted use for the zone in which it is located. Without
limiting the foregoing, unless otherwise specifically permitted in this Bylaw, the
following uses are prohibited in all zones:
1. Fort St. John Zoning Bylaw No. 2181, 2014 is hereby amended in the following manner:
Repeal and replace the following paragraph under Section 4 - General Regulations as
follows:
Adult Entertainment shall be prohibited within 500 metres (in a straight line from
closest parcel line to closest parcel line) of an institutional use and within 500
metres (in a straight line from closest parcel line to closest parcel line) of a
residential use.
Amend Commercial Section 7.1.1 – Commercial Zones by adding the following to the
tables of permitted uses, in alphabetical order:
2. Peace River Regional District Zoning Bylaw No. 1342, 2001 is hereby amended in
respect of the land shaded and described as the extension area in the attached map
titled “Schedule 1 to the Letters Patent of the City of Fort St. John”:
Part II – DEFINITIONS
2. Peace River Regional District Zoning Bylaw No. 1342, 2001 is hereby amended in
respect of the land shaded and described as the extension area in the attached map
titled “Schedule 1 to the Letters Patent of the City of Fort St. John”:
Part II – DEFINITIONS
Amend Section 3 – Definitions by replacing the existing definition with the following:
Medical Marihuana Means a facility used for the cultivation, growth, processing,
Production Facility testing, storage, destruction, packaging, shipping or distribution
of marihuana for medical purposes as lawfully permitted and
authorized under the Federal Access to Cannabis for Medical
Purposes Regulations (ACMPR) or any subsequent legislation
which may be enacted in substitution thereof.
Amend Section 6 – General Prohibition by replacing the existing text with the
following:
1. No person shall:
(a) Use or occupy any land, building or structure; or
(b) Construct, or site, or alter any building or structure; or
(c) Create a parcel by subdivision;
2. Peace River Regional District Zoning Bylaw No. 1342, 2001 is hereby amended in
respect of the land shaded and described as the extension area in the attached map
titled “Schedule 1 to the Letters Patent of the City of Fort St. John”:
Cannabis Retail is permitted within the C-2 (General Commercial Zone) subject to the
following regulations:
a) Cannabis Retail shall not be located within XXXX metres (in a straight line from
closest parcel line to closest parcel line)of a school.
b) Cannabis Retail shall not be located within XXXX metres (in a straight line from
closest parcel line to closest parcel line) of a park.
c) Cannabis Retail shall not be located within XXXX metres (in a straight line from
closest parcel line to closest parcel line) of a lot or unit where Cannabis Retail is
a permitted use, whether or not Cannabis Retail is an active existing use of that
lot.
Amend Section 42 C-2 (General Commercial Zone 1.8ha), by adding the following to
the list of permitted uses, in alphabetical order:
3. If any section, subsection sentence, clause or phrase of this bylaw is for any reason
held to be invalid by the decision of any court of competent jurisdiction, the invalid
portion shall be severed and the part that is invalid shall not affect the validity of the
remainder.
4. This Bylaw may be cited as Zoning Amendment Bylaw No. 2419, 2018.
Zoning Amendment Bylaw No. 2419, 2018 Page 5
Notice of Public Hearing posted to the City’s website on and advertised in the
Alaska Highway News on
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(ii) 4 cannabis plants, if one or more of the adults is not
authorized to grow cannabis plants that are medical
cannabis;
(e) the cannabis plant is not from a seed or plant material that
the adult knows is illicit cannabis;
Deemed contravention
Definitions
60 In this Division:
Deemed contravention
58 An adult must not grow a cannabis plant that is medical cannabis unless
the following requirements are met:
"property" includes
"superintendent" means
School property
(3) A person must not smoke or vape cannabis in a prescribed area of any
the following places:
(d) a permanent public park over which the Park Board has
jurisdiction under section 488 of the Vancouver Charter.
64 (1) A person must not smoke or vape cannabis in any of the following
places that are fully or substantially enclosed within the meaning of the
regulations:
(2) For the purpose of subsection (1) (b), if a place is used as a workplace
and as a residence, the place is a workplace only while the services are
being performed.
(2) A person must not operate a vehicle or boat if the person knows that
another person is smoking or vaping cannabis in the vehicle or boat.
(3) Subsections (1) and (2) apply regardless of whether the vehicle or
boat is in motion.
Prescribed places
Vicarious liability
(4) Subsections (1) to (3) apply whether or not the person who consumed
or smoked or vaped cannabis is charged with a contravention of the
applicable section.
Division 4 - Minors