TO: Mayor & Council DATE: March 8, The Planning & Development Department and the Legal Services Division recommend that Council:

Transcription

1 CORPORATE REPORT NO: R049 COUNCIL DATE: March 12, 2018 REGULAR COUNCIL TO: Mayr & Cuncil DATE: March 8, 2018 FROM: SUBJECT: General Manager, Planning & Develpment City Slicitr, Legal Services Cannabis related Zning By law Amendments FILE: RECOMMENDATION The Planning & Develpment Department and the Legal Services Divisin recmmend that Cuncil: PURPOSE 1. Receive this reprt fr infrmatin; 2. Amend Surrey Zning By law, 1993, N , as described in this reprt and dcumented in Appendix I; and 3. Authrize the City Clerk t bring frward the necessary bylaws fr the required readings and t set a date fr the required public hearing. The purpse f this reprt is t btain Cuncil apprval t amend Surrey Zning By law, 1993, N ( the Zning By law ) t prhibit nn medical (recreatinal) cannabis prductin and distributin within Surrey, prir t Bill C 45 becming law in the summer f A cmprehensive cannabis framewrk fr the City is currently under develpment. A subsequent reprt utlining recmmendatins related t prductin, sale, persnal cultivatin and persnal cnsumptin will be frwarded t Cuncil in the spring f BACKGROUND The Federal gvernment has intrduced legislatin t legalize nn medical cannabis, als called recreatinal cannabis, which is expected t cme int effect in the summer f This legislatin will establish regulatins and restrictins, at a Federal level, n the prductin, distributin, sale and use f recreatinal cannabis. Each Prvince and Territry has, r will be, releasing additinal terms and cnditins intended t direct municipalities n hw t accmmdate this use within their cmmunities. As the authrity n land use decisin making, municipalities must then determine hw t accmmdate this use as it is apprpriate t their cmmunity.

2 2 Surrey has been reviewing the Federal legislatin and Prvincial guidelines t determine hw best t prceed. Several immediate adjustments are prpsed fr the Zning By law in rder t prvide the maximum level f cntrl in managing this use nce legalizatin takes effect. DISCUSSION The cannabis legalizatin prgram specifies bth permissins and prhibitins, including: Distributin and pssessin limits; Licenses retailer purchases; Recreatinal cnsumptin; Hme cultivatin; Cntinued legal access t medical cannabis; Driving while impaired; Distributin and pssessin limits; and Yuth restrictins. While municipalities will be examining all aspects f the new legislatin t determine what falls within their jurisdictin and what regulatry bylaws need t be added r amended, immediate adjustments t zning bylaws are being recmmended in rder t prvide the maximum leverage and cntrl in determining specific regulatins after legalizatin has taken effect. These immediate adjustments invlve adding new definitins that are cnsistent with Federal definitins f cannabis and cannabis related activities and placing prhibitins n retail sales, dispensaries and prductin prir t legalizatin. Making these adjustments t the Zning By law will ensure any dispensaries currently perating are slidified as being illegal prir t any legislatin change, and will prvide additinal time t determine hw Surrey will manage this use nce legalized. Prpsed Zning By law Amendments In rder t psitin Surrey with the maximum level f cntrl regarding recreatinal cannabis, the Zning By law is prpsed t be amended as fllws. a) Definitins Add a new definitin fr Cannabis; Add a new Cannabis Dispensary; Add a new definitin fr Cannabis Prductin Facility; Delete existing definitins fr: marijuana marijuana dispensary medical marijuana Amend definitin fr Hrticulture t add new cannabis references

3 3 Next Steps b) General Prvisins Replace any references t marijuana and marijuana uses with references t cannabis and cannabis related uses. c) Cmmunity Cmmercial B Zne Replace any references t marijuana and marijuana uses with references t cannabis and cannabis related uses. The changes prpsed t the Zning By law regarding recreatinal cannabis dispensaries and prductin facilities are a first step in Surrey managing the changes cming frward as a result f the changes t Federal legislatin. Staff will cntinue t review all issues related t this tpic and reprt t Cuncil with ther recmmended bylaw changes and adjustments nce thse becme identified. Additinal Zning By law amendments will be frthcming nce recreatinal cannabis becmes legal later in 2018, and nce the City has fully determined hw it will be managed within Surrey. SUSTAINABILITY CONSIDERATIONS The amendments discussed abve supprt the fllwing Strategic Directin (SD) f the Sustainability Charter: Public Safety SD3: Ensure prgrams, plicies and initiatives exist alng the public safety cntinuum, and supprt the entire cmmunity. CONCLUSION The prpsed changes t the Zning By law t prhibit nn medical cannabis sales and prductin are an initial step in Surrey s management f this new use. It is recmmended that Cuncil: Receive this reprt fr infrmatin; Amend Surrey Zning By law, 1993, N , as described in this reprt and dcumented in Appendix I; and

4 4 Authrize the City Clerk t bring frward the necessary bylaws fr the required readings and t set a date fr the required public hearing. Original signed by Jean Lamntagne General Manager, Planning & Develpment Original signed by Craig MacFarlane City Slicitr CS/TW/ss v:\wp dcs\restrict\2018\jan mar\cannabis related zning by law amendments.dcx :07 PM ss Appendix I Prpsed Amendments t Surrey Zning By law, 1993, N

5 Prpsed Amendments t Surrey Zning By law, 1993, N Appendix I The fllwing prpsed amendments t the Zning Bylaw are presented in the rder the sectins appear in the By law, as fllws: Part 1, Definitins 1. Add a new definitin fr Cannabis as fllws: Cannabis means all species and genus f the flwering plant in the family cannabaceae, whether grwing r nt, including the seed r clne f such plants. ; 2. Add a new definitin fr Cannabis Dispensary as fllws: Cannabis Dispensary means a business r service used fr dispensing, selling r distributing cannabis, r any prduct cntaining cannabis, fr any purpse including medical use. ; 3. Add a new definitin fr Cannabis Prductin Facility as fllws: Cannabis Prductin Facility means a business r service grwing, cultivating, germinating, prducing, string, warehusing r packaging any prduct r thing cntaining cannabis. ; 4. Amend the definitin fr Hrticulture by deleting the wrds medical marijuana and replacing it with cannabis ; 5. Delete the definitin fr Marijuana ; 6. Delete the definitin fr Marijuana Dispensary ; 7. Delete the definitin fr Medical Marijuana ; Part 4, General Prvisins 8. Sectin C. Uses Prhibited in All Znes a) Sub sectin J, by deleting the wrds Grwing f medical marijuana; and replacing it with Cannabis Dispensary r Cannabis Prductin Facility ; and b) by deleting sub sectin (l) marijuana dispensaries

6 Part 36B, Cmmunity Cmmercial B Zne 9. Sectin B. Permitted Uses a) Sub sectin 2, by deleting the wrds Marijuana dispensary and replacing them with Cannabis ; and b) Sub sectin 3, by deleting the wrds Grwing f medical marijuana and replacing them with Cannabis prductin facility