Issue Summary Report Bylaw 4537/2018 Land Use Bylaw Amendment for Cannabis-Related Businesses Public Hearing #

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1 Issue Summary Report 2.1. Bylaw 4537/2018 Land Use Bylaw Amendment for Cannabis-Related Businesses Public Hearing # Meeting : Regular Meeting of Council - May 14, 2018 Meeting Type : RA - Regular Meeting of Council Meeting Date : 2018/05/14 15:00 Executive Summary For Council to consider representations and submissions regarding Bylaw 4537/2018, being a bylaw to amend Land Use Bylaw 4510/2017 to: Add definitions for cannabis-related terms ( Cannabis, Cannabis Store, Cannabis Counselling Clinic, and Cannabis Facility ); Amend several existing terms to specify that they will not include cannabis; List the districts where the cannabis-related uses may occur, and specifying whether they will be permitted or discretionary; and Add specific use standards for cannabis-related uses Please see Attachment 1 for Bylaw 4537/2018. Background First Reading of Bylaw 4537/2018 was given at the Regular Council Meeting of April 23, No direction from Council to make amendments to the Bylaw was received at that meeting. Advertisements for this Public Hearing were placed in the High River Times on May 1, 2018 and May 8, The report for first reading of Bylaw 4537/2018, as well as the proposed bylaw and information on the Public Hearing, were posted on the Town's website at As of the publication of this report, no public comments have been received. PLANNING CONSIDERATIONS INTRODUCTION In April 2017, the federal government introduced legislation (the Cannabis Act) to legalize the sale of cannabis for recreational purposes. Although the bill has received three readings in the House of Commons, it must still be passed by the Senate before it is in effect. Recreational cannabis will remain illegal in Canada until that time. The Alberta government has passed legislation and regulations (An Act to Control and Regulate Cannabis and the Gaming, Liquor, and Cannabis Regulation) which lay out the framework the province will follow to regulate cannabis in Alberta. The federal government will regulate cannabis production and medical cannabis sales, while the provincial government will regulate recreational cannabis sales, licensing, public consumption, safety and enforcement related to cannabis. Municipalities are able to add additional regulations in their Land Use Bylaws should they deem that to be appropriate. Municipalities may determine how to define cannabis as well as other cannabis-related terms, where cannabis-related land uses may occur, whether those uses will be permitted, or discretionary, and whether there are any additional regulations that the Development Authority must take into consideration such as separation distances from sensitive uses or from other cannabis-related businesses already established in the area. Municipalities are also able to further restrict hours of retail operation, and further restrict the number of cannabis plants people may cultivate per household for personal recreational use. This report proposes the addition of new definitions and rules into the Land Use Bylaw to regulate the retail Page 4 of 143

2 sales, the cultivation and processing of cannabis, and cannabis counselling (for medical purposes) in the Town of High River. This will be done by: Defining several new cannabis-related terms in the Land Use Bylaw; Amending several existing terms in the Land Use Bylaw to specify that they will not include cannabis; Listing the districts where the cannabis-related uses may occur, and specifying whether they will be permitted or discretionary; Adding specific use standards for cannabis-related uses to assist the Development Authority in approving the uses appropriately; Establishing permitted hours of operation for Cannabis Stores; and Determining whether any further regulation of home cultivation of cannabis plants is required. The regulations proposed in this report align with federal and provincial regulations. They also align with the goals of the Town Plan by creating regulations that are business-friendly to promote sustainable economic growth while minimizing risks to ensure safety and security for the community. Public Consultation The Government of Alberta held public consultation opportunities from June 2 to Oct. 27, According to their website, more than 60,000 Albertans shared their input through two online surveys and in hundreds of written submissions. Through this public consultation, the province has created a legislative framework that regulates the sale of cannabis both at storefront locations and online (online sales will be entirely controlled by the Alberta Gaming and Liquor Commission (AGLC)). The Town of High River also launched an online public consultation survey (March 16 - March 30, 2018) (see Attachment 2 for survey questions and graphs displaying results). Town staff sent the link to the survey to all individuals who have expressed interest in establishing cannabis-related businesses. The Town also advertised the survey on its website and issued a press release on March 19. The information was also included in the Town Crier in the March 26 edition.the survey received 379 responses (not all respondents answered every question). The majority of respondents described themselves as High River residents (87.77% or 330). There was also representation from 53 High River business owners. Twenty-nine respondents identified themselves as wanting to open a Cannabis Store in High River, 15 respondents identified themselves as wanting to open a Cannabis Facility in High River, and 6 identified themselves as wanting to open a Cannabis Counselling Clinic in High River. The survey was directed at the general public as well as entrepreneurs who wish to establish cannabis-related businesses in the Town. The purpose of the survey was to ascertain their opinions on appropriate separation distances between Cannabis Stores and potentially sensitive land uses such as hospitals, schools, and public parks. The survey also gave the respondents the opportunity to state any comment or concern they have regarding cannabis-related businesses in the Town of High River. It is important that staff and Council be aware of the public's concerns before contemplating amendments to the Land Use Bylaw so that the concerns can be given due consideration. The results of the survey will be discussed in the "proposed regulations" section of the subject report. PROPOSED REGULATIONS While retail sales will mainly be regulated by the AGLC, the province has allowed municipalities to make some choices on how the retail sales of cannabis will function in each community. Specifically, the province has allowed municipalities to make the determination on the following, based on their own unique circumstances: Create definitions for any cannabis-related terms the municipality deems to be necessary; Amend existing definitions in the Land Use Bylaw to exclude cannabis as the municipality deems to be necessary; Establish which land use districts should include cannabis-related uses and determine whether they should be permitted or discretionary; Add specific use standards for cannabis-related uses (e.g. separation distances); Decide whether to reduce the permitted hours of operation for Cannabis Stores from the province s regulations; and Determine whether any further regulation of home cultivation of cannabis plants is required. Municipalities may also impose further restrictions on the locations where cannabis may be smoked or vaped in public beyond the province s regulations. This is outside of the scope of the subject report. 1. NEW DEFINITIONS Page 5 of 143

3 Staff recommend adding new definitions for "Cannabis", "Cannabis Store", "Cannabis Facility", and "Cannabis Counselling Clinic" to the Land Use Bylaw. Staff recommend that the following definitions be considered which are based on the definitions that the City of Calgary has brought forward to their Council: Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time and includes edible products that contain cannabis. Cannabis Store means an establishment licensed by the Province of Alberta where Cannabis is sold for consumption off the premises that may include ancillary retail sales of merchandise and where counselling on Cannabis for medical purposes may be provided. Cannabis Counselling Clinic means an establishment where counselling on Cannabis for medical purposes is provided, where consumption of Cannabis must not occur, and where the dispensing or sale of Cannabis must not occur. Cannabis Facility means a use where Cannabis is grown, processed, packaged, tested, stored, or destroyed where a license for all activities associated with cannabis growing, processing, packaging, testing, storage, or destruction has been issued by Health Canada and must include odour mitigation measures to the satisfaction of the Development Authority. A Cannabis Facility may include a Cannabis Store as an ancillary use. This definition does not apply to a registered person as defined in the Access to Cannabis for Medical Purposes Regulations Act and its regulations, as amended from time to time. Please note that the proposed definition of cannabis is a simplified version of the definition of cannabis in the federal government's Cannabis Act. The proposed definition was created by the law firm Brownlee LLP. Brownlee LLP recommends including edible products within the definition in anticipation of their legalization in the future. According to the Government of Canada website, the federal government intends to legalize the sale of cannabis edibles within 12 months of passing the Cannabis Act. The definition of Cannabis Store will include cannabis as well as ancillary products. Provincial regulations will not allow sales of liquor, tobacco, or pharmaceuticals in the same location. Staff recommend that Council allow counselling on cannabis for medical purposes to occur within Cannabis Stores. This would allow Cannabis Counselling Clinics to sell cannabis as part of their business model. If a clinic determined that they wanted to sell cannabis, they would need to follow the same municipal regulations as any other Cannabis Store (including complying with any required separation distances). Due to current federal regulations, Cannabis Counselling Clinics may not dispense medical cannabis, but they could retail recreational cannabis (when recreational cannabis is legalized) if they are designated as a Cannabis Store. All medical cannabis will still be obtained by patients through online/over the phone orders from a federally licensed producer. Staff are recommending a separate definition for Cannabis Counselling Clinic as some clinics may choose not to sell cannabis and therefore should not be subjected to additional regulations such as required separation distances. Staff recommend combining cannabis cultivation and processing into one use. The use does not specify a particular scale of operation - it can be equally applied to large or smaller scale commercial operations. Staff recommend that Cannabis Store be added as a discretionary use under Cannabis Facility to indicate that applicants may apply to have a Cannabis Store as a use ancillary to a Cannabis Facility. The Cannabis Facility definition will not apply to a person who is registered through the federal government to produce medical cannabis for their own medical purposes or a person who is registered to produce medical cannabis on another person's behalf (the amount of cannabis produced is limited by the individual's medical prescription). 2. AMENDMENTS TO EXISTING DEFINITIONS Staff recommend amending the following use definitions to clearly establish that they do not include cannabis: Rural Intensive Agriculture; Rural Non-Intensive Agriculture; Urban Agriculture; Retail and Service, General; Retail and Service, Heavy; Heavy Industrial; Light Industrial. Staff recommend amending the Human Services land use (part of the Institutional category of land uses) to clearly establish that it may include a Cannabis Counselling Clinic. 3. LAND USE DISTRICTS Page 6 of 143

4 Through amending the Land Use Bylaw, municipalities may determine which land use districts may include cannabis-related land uses. Municipalities may also choose whether those land uses will be permitted or discretionary. If a land use is a permitted use, the Development Authority must issue a Development Permit for the use as long as the proposal complies with all Land Use Bylaw regulations. The Development Authority still carefully reviews the application within the context of the surrounding area but has limited discretion to make comments or to add conditions so long as the proposal complies with all regulations. The public is not able to appeal decisions on permitted use developments. If a land use is a discretionary use, the Development Authority may use its discretion to determine whether the use is appropriate within the context of the proposed site and the surrounding area. The Development Authority is able to make comments and add conditions to ensure that the proposal fits within the context of the site and surrounding area and will positively contribute to the community. This may include Crime Prevention Through Environmental Design (CPTED) principles as encouraged by the Town Plan. The CPTED principles encourage site planning to take into consideration design elements such as natural surveillance to deter criminal activities.the Development Authority also has the power to refuse a development permit if they believe that it is unsuitable for the location (applicant may appeal the decision). There is a public appeal period for twenty-one (21) days after the municipality issues the Notice of Decision. Regardless of which direction is taken, it is important to note that the Town of High River's Land Use Bylaw allows the Development Authority to consider the design, character, and appearance of the building if construction of a new building is part of the proposal. The Development Authority also reviews all signage before approval. The province limits the images that can be on a cannabis store sign and limits the advertising/promotional materials that can be visible from outside of the store. For example, the AGLC's policies state that signage must be "in good taste", must not "promote intoxication" and must not include graphics of cannabis or accessories (e.g. no cannabis leaves). With these regulations in place, cannabis stores are not likely to stand out in appearance from any other type of retail store. The following tables outline the land use districts that staff recommend include each cannabis-related land use and whether they are recommended to be permitted or discretionary. Land Use District Permitted Discretionary Cannabis Store CBD x (Only if ancillary to a Cannabis Facility) NCD x SED x Cannabis Facility SED x Cannabis Counselling Clinic CBD x (Does not include Cannabis sales) NCD x TND x Table 1: Proposed districts for proposed cannabis-related land uses. Acronym CBD NCD SED TND Land Use District Central Business District Neighbourhood Centre District Service & Employment District Traditional Neighbourhood District Table 2: Acronyms for Land Use Districts Page 7 of 143

5 4. SPECIFIC USE STANDARDS a) Separation distances - Cannabis Store The province provides required separation distances from Cannabis Stores to schools and hospitals as per the following regulation of the Gaming, Liquor, and Cannabis Act: "105(3) A premises described in a cannabis license may not have any part of an exterior wall that is located within 100 metres of (a) A provincial health care facility (means an approved hospital as defined in the Hospitals Act) or a boundary of the parcel of land on which the facility is located, (b) building containing a school (as defined by the Schools Act) or a boundary of a parcel of land on which the building is located, or (c) A boundary of a parcel of land that is designated as school reserve or municipal and school reserve under the Municipal Government Act." The province has confirmed that municipalities are able to either increase, or reduce these separation distances as per Section 105(5) of the Gaming, Liquor and Cannabis Regulation, which states that: "A municipality may, in a land use bylaw, expressly vary the distance set by subsection (3) and set a different distance that is applicable to one or more of the types of properties referred to in subsection (3)(a) to (c), and where a municipality has done so, subsection (3) does not apply to a premises to the extent the variation in the land use bylaw is applicable to it." It is important to note that the Town's Land Use Bylaw provides the following regulations for Liquor Stores: "1. A Liquor Store shall not be located closer than 150 metres to any school or public park at the time of the Development Permit application as measured from the closest point of the subject Site boundary to the closest point of another Site boundary. 2. The preferred minimum separation distance between Liquor Stores is 300 metres as measured from the closest Site boundary points. Where a proposed Liquor Store is within a 150 metre radial distance of an existing Liquor Store, any cumulative impacts of the facilities on existing Development within the area must be considered by the Development Authority." b) Separation distances - Cannabis Facility The federal government requires a recent aerial photo showing a 500 m radius around the proposed site as part of the application process to be a federally licensed producer so that the federal government may take into account adjacent land uses when evaluating the merits of the application. However, the federal government does not have explicitly required separation distances between Cannabis Facilities and potentially sensitive land uses. i. Separation from Schools and from Provincial Health Care Facilities a) Cannabis Stores The province's setback regulations for Cannabis Stores differ from the Town's setback regulations for Liquor Stores. As per Section 105(3) of Alberta's Gaming, Liquor, and Cannabis regulations, the province only requires Cannabis Stores to be 100 m from schools while the Town's Land Use Bylaw requires that Liquor Stores be 150 m from schools. The province requires that Cannabis Stores be 100 m from provincial health care facilities (hospitals). The Town's Land Use Bylaw does not specify any required separation between Liquor Stores and health care facilities. The province defines schools as per the Schools Act, which states that school means a structured learning environment through which an education program is offered to a student by: (i) a board, (ii) an operator of a private school, (iii) an early childhood services program private operator, (iv) a parent giving a home education program, or Page 8 of 143

6 (v) the Minister. As stated previously, the municipality is able to vary these requirements if expressly stated in the Land Use Bylaw. Staff recommend that it would be difficult to identify all home education programs. Furthermore, staff are not recommending that Cannabis Stores be located in the Traditional Neighbourhood District. That exclusion would likely limit the proximity between most home education programs and Cannabis Stores. Staff do however recommend a separation distance from early childhood services program private operators. (See Attachment 3 for a current list of schools, including early childhood services program private operators, in the Town of High River). The first question in the survey asked whether respondents believed that 100 m was a satisfactory distance from schools and provincial health care facilities or if they believed that a different distance would be more appropriate in their opinion. Of the 377 people who responded to this question, 47.21% (178) agreed that the province's 100 m buffer distance was satisfactory, 43.24% (163) indicated that this distance was not enough, 1.06% (4) indicated that they were not sure, and 8.49% (32) selected "other". Respondents were allowed to provide additional comments regardless of which response they chose. Twelve of the people who indicated that the 100 m buffer was not sufficient left an additional comment. Six of them indicated that the distance should be the same as liquor stores. Other comments included much longer separation distances and the suggestion that they should not be on the same road as a school. Two respondents questioned whether a separation distance between schools and cannabis stores was necessary at all. All 32 people who chose "other" left an additional comment. Eleven of the people who chose "other" indicated that the distance should be the same as liquor stores. Other responses included having a buffer from schools but not from other uses, and that there should be separation from all places frequented by children. There were suggestions of having much greater separation distances from schools as well as having shorter separation distances. Respondents were not concerned with separating Cannabis Stores from hospitals and some questioned the necessity. This separation distance is from the provincial regulations. There is no corresponding requirement for Liquor Stores. In High River, the hospital facilities the province is referring to are the High River General Hospital and the High River Community Cancer Centre (see Attachment 4). They are not within 100 m of a commercial zone so keeping this provincial regulation would not limit potential locations for Cannabis Stores. Staff recommend that the separation distance from Cannabis Stores to provincial health care facilities (hospitals) be 100 m to be consistent with the province's regulations. Ultimately it was a relatively even split between respondents who believed that the province's 100 m buffer distance was satisfactory and those who believed that 100 m was not enough of a separation distance between schools and Cannabis Stores. Staff created a map to show the implications of imposing different buffer distances on eligible locations for Cannabis Stores. Particularly because there are three early childhood services program private operators in the downtown and another in the 12th Ave. SE corridor along with Highwood High School, the 150 m buffer would significantly limit the options for Cannabis Store locations. It is important to note that the province has added many safeguards to their regulations to protect children from potentially negative affects of Cannabis Stores in the community. For example, the province will require window coverings to ensure that no part of the store is visible from the outside, limitations on advertising/promotional materials that are visible outside of the store, and limitations on what can appear on the store s signage (e.g. signage must not include graphics that will appeal to minors). Staff believe that these provincial regulations will reduce the potential negative impacts and that 100 m will be a reasonable buffer distance between Cannabis Stores and schools and early childhood services program private operators to protect children from potential negative impacts while at the same time providing Cannabis Store operators with reasonable location options. Please note that this recommendation will be different from the Town's Liquor Store regulation which requires a separation distance of 150 m from schools (there is no required separation distance from Liquor Stores to early childhood services program private operators). Staff recommend that the separation distances between sensitive land uses and Liquor Stores be re-examined as part of the Land Use Bylaw Monitoring Program (a two-year program running from October 2017 to October 2019 monitoring and evaluating the Land Use Bylaw's effectiveness and providing recommendations to address any issues that have arisen during that time period). b) Cannabis Facilities The survey did not ask about separation distances from Cannabis Facilities. Based on several comments regarding odour concerns (e.g. "My only concern is the control of odour in a manufacturing facility"; "I don t want to live somewhere that you constantly smell weed"), staff recommend that there be a 75 m separation distance Page 9 of 143

7 between Cannabis Facilities and schools, school and municipal and school reserve, early childhood services program private operators, provincial health care facilities, any land zoned Traditional Neighbourhood District. ii. Separation from Public Parks a) Cannabis Stores The province does not require any separation distance from public parks. The Town's Land Use Bylaw requires that Liquor Stores be at least 150 m from public parks. The province has set regulations for where smoking/vaping of cannabis may not occur. According to Section of Bill 26 (An Act to Control and Regulate Cannabis) "No person may smoke or vape cannabis (a) in any area or place where that person is prohibited from smoking under the Tobacco and Smoking Reduction Act or any other Act or the bylaws of a municipality, (b) on any hospital property, school property or child care facility property, (c) in or within a prescribed distance from (i) a playground, (ii) a sports or playing field, (iii) a skateboard or bicycle park, (iv) a zoo, (v) an outdoor theatre, (vi) an outdoor pool or splash pad, or (vii) any other area or place that is prescribed or otherwise described in the regulations." The prescribed distance this section refers to is 5 m. Of the 378 individuals who answered this question, 106 respondents (28.04%) indicated that they do not see a need for any separation distance between Cannabis Stores and public parks, 237 respondents (62.70%) believe that Cannabis Stores should be separated 150 m from public parks, 8 respondents (2.12%) believe that Cannabis Stores should be separated from public parks but the distance should be less than 150 m, 3 respondents (0.79%) were unsure, and 24 respondents (6.35%) selected "other". Thirty-four people provided additional comments. Fourteen of those people indicated that they believe that the separation distance should be greater than 150 m. Other comments included concerns about children and families walking by parks and comments asserting that Cannabis Stores should not be allowed in the town at all. Because there are public concerns regarding the proximity of Cannabis Stores to public parks and because there are already separation distances between Liquor Stores and public parks, staff recommend a separation distance between Cannabis Stores and public parks. Staff created a map to show the implications of imposing different buffer distances on eligible locations for Cannabis Stores. Particularly because there are several parks within or near the downtown, the 150 m buffer would significantly limit the options for Cannabis Store locations. Although Liquor Stores are currently subject to the 150 m buffer regulation from public parks, many of the Liquor Stores in the community are non-conforming. Like the buffer separation for schools and early childhood services program private operators, the rationale behind a separation between Cannabis Stores/Liquor Stores and public parks is to protect children from potentially negative impacts. Again, it is important to note that the province has added many safeguards to their regulations to protect children from potentially negative effects of Cannabis Stores in the community. For example, the province will require window coverings to ensure that no part of the store is visible from the outside, limitations on advertising/promotional materials that are visible outside of the store, and limitations on what can appear on the store s signage (e.g. signage must not include graphics that will appeal to minors). Staff believe that these provincial regulations will reduce the potential negative impacts and that 100 m will be a reasonable buffer distance between Cannabis Stores and public parks to protect children from potential negative impacts while at the same time providing Cannabis Store operators with reasonable location options. b) Cannabis Facilities The survey did not ask about separation distances from Cannabis Facilities. Based on several comments Page 10 of 143

8 regarding odour concerns, staff recommend that there be a 75 m separation distance between Cannabis Facilities from public parks. It is important to note that any new public parks will also be required to be the prescribed distance away from established Cannabis Facilities. Staff recommend the following separation distances (the corresponding separation distances for Liquor Stores are included for comparison purposes): Sensitive Land Use Provincial Regulation Liquor Store(Town Land Use Bylaw) Cannabis Store (proposed) Cannabis Facility ( proposed) Cannabis Counselling Clinic (proposed) Schools (including reserve) Early childhood services program private operation Provincial Health Care Facility (hospital) Public parks Traditional Neighbourhood District 100 m 150 m 100 m 75 m None 100 m No required separation 100 m No required separation No required separation No required separation 100 m 75 m None 100 m None None 150 m 100 m 75 m None No separation required Table 3: Proposed separation distances Method to measure separation distances None 75 m None Staff recommend that the separation distance be measured from the exterior wall of the prospective Cannabis Store to the property line of the sensitive use as the province directs in their legislation. The Town's Land Use Bylaw measures the distance from property line to property line. In the case of a large property, there could be circumstances in which the building of the store is well setback from a sensitive land use but the boundary lines of the two properties could be very close or may even be adjoining. Staff recommend that consideration be given to amending the way separation distances from Liquor Stores are measured. This can be part of the Land Use Bylaw monitoring program. Clustering Finally, Land Use Bylaws may include provisions for limiting clustering of uses. For example, the Town's Land Use Bylaw includes provisions limiting the "clustering" of Liquor Stores by stating that the preferred minimum separation distance between Liquor Stores is 300 m. It also adds that where a proposed Liquor Store is within 150 m, any cumulative impacts of the facilities on existing Development within the area must be considered by the Development Authority. "Clustering" was not specifically raised as a concern in the survey, but nine people did raise concerns about the number of Cannabis Stores that would establish in High River. Staff recommend against including a "preferred" minimum distance separation between Cannabis Stores. The "preferred" minimum distance would be very challenging to regulate particularly when the municipality will be receiving several new applications all at once and may lead to unnecessary competition in finding locations. The province has added many safeguards to their regulations to mitigate potential negative impacts that the stores may have on the community such as requiring window coverings to ensure that no part of the store is visible from the outside, limitations on advertising/promotional materials that are visible outside of the store, and limitations on what can appear on the store s signage. However, staff do recommend that the Development Authority be directed to look at potentially negative impacts of a Cannabis Store locating within 150 m of an Page 11 of 143

9 existing Cannabis Store. This does not mean that the Development Authority may not approve a Cannabis Store within 150 m of an existing Cannabis Store. It simply means that the Development Authority should take locations of existing nearby Cannabis Stores into account before making its decision. 5. HOURS OF OPERATION The province's regulations limit hours of operation for a Cannabis Store to 10 am - 2 am. Unlike the separation distance, the municipality may only make the hours of operation more restrictive and not less. Staff recommend keeping the hours of operation at 10 am 2 am. These hours are consistent with Liquor Store regulations. 6. HOME-BASED CULTIVATION The provincial government will allow individuals to grow up to four (4) cannabis plants per household for personal recreational purposes. The municipality is able to further restrict the number of cannabis plants per household for recreational purposes. Municipalities are also able to require permits. Staff recommend against imposing further restrictions on personal cultivation for recreational purposes because the staff resources required to issue and enforce permits could be substantial. The federal government allows individuals with medical licenses to grow cannabis plants as well. They are limited to their medical prescription (as per the Access to Cannabis for Medical Purposes Act). Those individuals are able to contract someone else to grow the plants for them if they are not able or do not want to grow the plants themselves. The municipality cannot consider these uses to be a Cannabis Facility regardless of how many plants are being grown. OTHER CONCERNS FROM SURVEY Ninety-seven respondents skipped this question, indicating that they had no concerns. An additional 98 respondents wrote that they had no concerns or indicated their support in their comments. Some used the opportunity to add comments of support regarding economic development, better access for people using cannabis for medicine, and keeping cannabis out of the black market. Several respondents indicated that they were supportive of allowing cannabis-related businesses in town but were concerned about potential over-regulation and stigmatization of those businesses. Of the remaining respondents who did have concerns, the top concerns were odour, exposure/marketing to children/youth, and crime/loitering. Odour One of the top concerns was odour - from Cannabis Stores, Cannabis Facilities, and from public consumption. Staff recommend a separation distance of 75 m from Cannabis Facilities from schools, provincial health care facilities, public parks, and any land zoned Traditional Neighbourhood District. Staff also recommend adding the requirement for odour mitigation measures into the definition of Cannabis Facility ("must include odour mitigation measures to the satisfaction of the Development Authority"). Public consumption is outside of the scope of this project. Exposure/marketing to children/youth Staff are recommending a 100 m separation distance between Cannabis Stores and schools, early childhood services program private operators and public parks to limit exposure to children and youth. The AGLC has also taken steps to protect children/youth by not allowing minors within the store even if accompanied by an adult, not allowing signage or graphics that "appeal to minors" and not allowing any visibility into the store from the outside. Crime/loitering Survey respondents expressed concern regarding the stores being a target of crime. This has been a key concern of the province as well. Steps the province has taken to reduce the likelihood of crime include a mandatory secure storage room, locked display cases, secure product receiving bay, no access to the store building from any other business, and a "professionally installed and monitored alarm system" including "panic/robbery buttons" at all point of sale positions. The Development Authority will consider CPTED principles as per the Town Plan when reviewing an application to encourage natural surveillance of the Cannabis Stores to deter break-in's. Some of the other concerns raised were outside of the municipality's control (e.g. being opposed to the legalization of cannabis, driving under the influence, policing logistics, and drug abuse). NEXT STEPS Page 12 of 143

10 Licensing process for Cannabis Stores The Town will be able to start accepting development permit applications for Cannabis Stores after the Land Use Bylaw has been amended. The provincial government started to accept licensing applications for Cannabis Stores on March 6, 2018 through the Alberta Gaming and Liquor Commission. The province explained that they decided to start accepting applications several months before the legalization of recreational cannabis is anticipated because the application includes a rigorous applicant background check which may take a few months to complete. The province has confirmed that prospective operators may start the provincial application process before receiving a development permit from the municipality but must receive the development permit before the province will issue them their license. CONCLUSION The federal government has committed to legalizing recreational cannabis and it is important for the Town of High River to have its regulations in place so that the Town can attract new businesses from this emerging industry while at the same time regulating them appropriately. This report proposes the addition of new definitions and rules into the Land Use Bylaw to regulate the retail sales, the cultivation and processing of cannabis, and cannabis counselling in the Town of High River. The recommendations in this report comply with the Town Plan, specifically complying with the following Town Plan policies: Create a welcoming and supportive business environment within the town. The recommendations in this report comply with Policy of the Town Plan because they recommend regulations for Cannabis Stores which mirror the province's regulations. Staff do however recommend adding a 100 m separation distance from public parks. Staff also recommend a separation distance of 75 m for Cannabis Facilities from schools (including early childhood services program private operators), public parks, and land zoned Traditional Neighbourhood District to mitigate potential odours Support the expansion of hours of operation for businesses to better serve the needs of both local residents and tourists. The recommendations in this report comply with Policy of the Town Plan because they recommend against further restricting the permitted hours of operation of Cannabis Stores. The province will set the default allowable hours of operation for Cannabis Stores at 10:00 am - 2:00 am but allowed municipalities to reduce these hours if they believe the reduction would be in the interest of the community. This report recommends that the Town maintain the allowable hours of operation of 10:00 am - 2:00 am to serve the needs of both local residents and tourists Encourage new commercial and industrial activities that respect existing land uses and the natural environment while fostering economic development and diversification for the town. The recommendations in this report comply with Policy of the Town Plan because staff recommend adding Cannabis Store and Cannabis Facility as land uses into Land Use Districts that include similar uses. Staff recommend adding Cannabis Store as a discretionary use into CBD (Central Business District) and NCD (Neighbourhood Centre District). These are the Land Use Districts that typically include retail uses. Staff are also recommending that a Cannabis Store be discretionary where it would be ancillary to a Cannabis Facility in the SED (Service & Employment District). Staff recommend adding Cannabis Facility as a discretionary use only to the SED. That is the land use that typically includes manufacturing Encourage the use of Crime Prevention Through Environmental Design (CPTED) principles in site planning for private and public properties and neighbourhood design, as a means of enhancing security and safety in the community. The recommendations in this report comply with Policy of the Town Plan because staff recommend that the Development Authority consider CPTED principles when reviewing an application to encourage natural surveillance of the Cannabis Stores to deter break-in's Avoid conflict between industrial uses and other land uses. The recommendations in this report comply with Policy of the Town Plan because staff recommend that Cannabis Store only be a discretionary use in the SED (Service & Employment District) when ancillary to a Cannabis Facility to maintain the industrial nature of the area while still allowing the business the flexibility to include direct-to-consumer retail as part of its business model. Page 13 of 143

11 Appendix 1 for 2.1.: Attachment 1: Bylaw 4537/2018 TOWN OF HIGH RIVER BYLAW 4537/2018 A Bylaw to amend Land Use Bylaw 4510/2017 of the Town of High River, in the Province of Alberta. WHEREAS Pursuant to the provisions of the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M26, Council of the Town of High River in the Province of Alberta (hereinafter called the "Council") has adopted Land Use Bylaw 4510/2017; and WHEREAS The Council deems it desirable to amend Land Use Bylaw 4510/2017; NOW THEREFORE The Council hereby enacts that Land Use Bylaw 4510/2017 be amended as follows: 1. Section (Neighbourhood Centre District Uses) is amended by adding Cannabis Store as a Discretionary Use under Retail & Entertainment within the Neighbourhood Centre District. 2. Section (Neighbourhood Centre District Specific Use Standards) is amended by adding the following specific use standards: Cannabis Store i. At the time of Development Permit application, a Cannabis Store shall not be located closer than 100 metres to any of the following, as measured from the closest point of the Cannabis Store Building to the closest point of the Site boundary of: a. A school; b. An early childhood services program private operation (as defined by the School Act); c. School reserve or municipal and school reserve; d. A provincial health care facility as defined by the Minister of Health; or e. A public park. ii. Where a proposed Cannabis Store is within a 150 metre radial distance of an existing Cannabis Store, as measured from the closest point of the Cannabis Store Building to the closest point of the other Cannabis Store Building, any cumulative impacts of the facilities on existing Development within the area must be considered by the Development Authority. 3. Section (Central Business District Uses) is amended by adding Cannabis Store as a Discretionary Use under Retail & Entertainment within the Central Business District. 4. Section (Central Business District Specific Use Standards) is amended by adding the following specific use standards: Cannabis Store i. At the time of Development Permit application, a Cannabis Store shall not be located closer than 100 Page 14 of 143

12 Appendix 1 for 2.1.: Attachment 1: Bylaw 4537/2018 metres to any of the following, as measured from the closest point of the Cannabis Store Building to the closest point of the Site boundary of: a. A school; b. An early childhood services program private operation (as defined by the School Act); c. School reserve or municipal and school reserve; d. A provincial health care facility as defined by the Minister of Health; or e. A public park. ii. Where a proposed Cannabis Store is within a 150 metre radial distance of an existing Cannabis Store, as measured from the closest point of the Cannabis Store Building to the closest point of the other Cannabis Store Building, any cumulative impacts of the facilities on existing Development within the area must be considered by the Development Authority. 5. Section (Service & Employment District Uses) is amended by adding Cannabis Facility as a Discretionary Use under Manufacturing within the Service & Employment District 6. Section (Service & Employment District Specific Use Standards) is amended by adding the following specific use standards: Cannabis Store i. At the time of Development Permit application, a Cannabis Store shall not be located closer than 100 metres to any of the following, as measured from the closest point of the Cannabis Store Building to the closest point of the Site boundary of: a. A school; b. An early childhood services program private operation (as defined by the School Act); c. School reserve or municipal and school reserve; d. A provincial health care facility as defined by the Minister of Health; or e. A public park. ii. Where a proposed Cannabis Store is within a 150 metre radial distance of an existing Cannabis Store, as measured from the closest point of the Cannabis Store Building to the closest point of the other Cannabis Store Building, any cumulative impacts of the facilities on existing Development within the area must be considered by the Development Authority. Cannabis Facility i. At the time of Development Permit application, a Cannabis Facility shall not be located closer than 75 metres to any of the following, as measured from the Page 15 of 143

13 Appendix 1 for 2.1.: Attachment 1: Bylaw 4537/2018 closest point of the proposed Cannabis Facility Building to the closest point of the Site Boundary of: a. A school; b. An early childhood services program private operation (as defined by the School Act); c. School reserve or municipal and school reserve; d. A public park; or e. Any land zoned Traditional Neighbourhood District. 7. Section 5.1 Definitions is amended as follows: Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time and includes edible products that contain cannabis. Cannabis Store means an establishment licensed by the Province of Alberta where Cannabis is sold for consumption off the premises that may include ancillary retail sales of merchandise and where counselling on Cannabis for medical purposes may be provided. Cannabis Counselling Clinic means an establishment where counselling on Cannabis for medical purposes is provided, where consumption of Cannabis must not occur, and where the dispensing or sale of Cannabis must not occur. Cannabis Facility means a use where Cannabis is grown, processed, packaged, tested, stored, or destroyed where a license for all activities associated with cannabis growing, processing, packaging, testing, storage, or destruction has been issued by Health Canada and must include odour mitigation measures to the satisfaction of the Development Authority. A Cannabis Facility may include a Cannabis Store as an ancillary use. This definition does not apply to a registered person as defined in the Access to Cannabis for Medical Purposes Regulations Act and its regulations, as amended from time to time. 8. Section 5.1 is amended by amending the following definitions (underlining notes the proposed amendments): Rural Intensive Agriculture means Agriculture conducted at the rural scale that requires intensive use of resources such as land or water. This use does not include Cannabis. Rural Non-Intensive Agriculture means Agriculture conducted at the rural scale that does not require intensive use of resources such as land or water. This does not include Cannabis. Page 16 of 143

14 Appendix 1 for 2.1.: Attachment 1: Bylaw 4537/2018 Urban Agriculture means community oriented Agriculture including, but not limited to, community gardens or orchards. This does not include Cannabis. Retail & Service, General means a business that provides goods or services directly to the consumer, and where such goods or services are available for immediate purchase on the premises by the purchaser. This does not include Cannabis. Heavy Industrial means the processing, manufacturing, or compounding of materials, products, or any industrial activities which because of their scale or method of operation regularly produce noise, heat, glare, dust, smoke, fumes, odours, vibration, or other external impacts detectable beyond the Lot Lines of the property. This use does not include Cannabis. Light Industrial means the manufacturing, fabrication, assembly, distribution, disposal, warehousing or bulk storage, trucking and equipment facilities, or any industrial activities primarily within a Building and does not produce noise, heat, glare, dust, smoke, fumes, odours, vibration, or other external impacts. This use does not include Cannabis. Human Services means an establishment that provides services to persons in need of assistance due to age, physical or mental disability, addiction, illness, or injury. Uses may include, but are not limited to, assisted living facilities, Cannabis Counselling Clinics, treatment centre, and community support services. 9. This Bylaw comes into full force and effect upon third and final reading. READ A FIRST TIME THIS DAY OF Mayor/Deputy Mayor Town Manager PUBLIC HEARING HELD ON READ A SECOND TIME THIS DAY OF Mayor/Deputy Mayor Page 17 of 143

15 Appendix 1 for 2.1.: Attachment 1: Bylaw 4537/2018 Town Manager READ A THIRD AND FINAL TIME THIS DAY OF Mayor/Deputy Mayor Town Manager Page 18 of 143

16 Appendix 2 for 2.1.: Attachment 2: Cannabis-related business survey and results Attachment 2: Cannabis-related business survey and results Page 19 of 143

17 Appendix 2 for 2.1.: Attachment 2: Cannabis-related business survey and results Page 20 of 143

18 Appendix 2 for 2.1.: Attachment 2: Cannabis-related business survey and results Page 21 of 143

19 Appendix 2 for 2.1.: Attachment 2: Cannabis-related business survey and results Page 22 of 143

20 Appendix 3 for 2.1.: Attachment 3: List of schools and early childhood services program priva Attachment 3: List of schools and early childhood services program private operators in High River NAME OF SCHOOL Board operated schools Foothills School Division Highwood High School École Joe Clark School École Senator Riley School Spitzee Elementary School ADDRESS St. SE Ave. SE Ave. SE 409 Macleod Tr. SW Christ the Redeemer School Division Holy Spirit Academy Notre Dame Collegiate St. Luke s Outreach 4 21 St. SE 1500 High Country Dr. NW Ave. SE Private Schools None Early Childhood Services Program Private Operation Daydreams and Sunbeams Child Care Centre Ltd. Daydreams and Sunbeams Child Care Centre Ltd. Genesis Christian Pre-school High River Montessori High River Daycare Kids Connection Daycare Spitzee Before & After School Care Ave. SE 123 Macleod Tr. SW Ave. SE Ave. SW Ave. SE 111 Macleod Tr. SW 115 2A Ave. SW Page 23 of 143