Proposed zoning bylaw changes to allow for cannabis retail outlets to set up in North Battleford are on the way.
At North Battleford’s planning committee meeting Monday night, a number of zoning bylaw changes were being proposed; those will be introduced at council’s March 26 meeting and then be discussed and voted on over the next several weeks.
The issue of cannabis retail is front and centre due to the pending legalization on July 1, as well as plans by the Saskatchewan Liquor and Gaming Authority to issue two cannabis retail permits to private retailers in North Battleford.
North Battleford is permitting cannabis retail in the city but they must still settle the issue of where such retail outlets would be allowed to set up under the zoning bylaw. The initial report from planning and development on the whole issue was presented and discussed extensively at Monday’s meeting.
According to a city memo from Anastasia Conly, planner with the city, the following changes are being proposed: to include cannabis retail outlets a definition in the zoning bylaw, and as a discretionary use in C1 – Downtown Commercial, C3 – Arterial Commercial, C3A – Large Lot Arterial Commercial, and C4 – Regional Commercial Districts. This would cover the main commercial districts running along Railway Avenue and up 100th Street.
As well, large scale cannabis cultivation is being proposed for inclusion as a definition in the zoning bylaw. However, this use will not be permitted or discretionary in any zoning district.
The third item being proposed is for cannabis processing and manufacturing to be included as a definition in the zoning bylaw, and as a discretionary use in Industrial Districts, in keeping with the current practice for medical marijuana cultivation.
One item that administration is addressing with the bylaw changes is the distance of cannabis retail outlets from areas where youth might gather.
One section of the bylaw would require Cannabis Retail Outlets to locate a minimum distance of 300m measured from the centre of all schools, libraries, municipal recreation facilities, and playgrounds.
What this means is that there will be areas of the city where a cannabis retail outlet will not be permitted, even if the zone potentially allows it as a discretionary use.
A map was provided to council members outlining locations where cannabis retail outlets will be included as a discretionary use. It was noted that across the cities, provinces, states and countries which have legalized cannabis retail, 300m (1000 ft.) minimum setbacks from “places where youth gather” is the standard practice.
The bylaw amendments will prohibit cannabis retail in the residential and neighbourhood commercial districts. As well, home-based businesses, Type I and II, will be prohibited from manufacturing or retailing cannabis and cannabis byproducts, including the manufacturing and retail sales of products with cannabis as an ingredient.
There is additional criteria for the signs of cannabis retail businesses, requiring them to be compatible with the overall character in the neighbourhood and for the aesthetic appearance to safeguard and possibly enhance property values.
It should be noted the zoning bylaw changes aren’t limited to cannabis alone; city administration sees the opportunity to update the zoning bylaw in several areas and those changes are being introduced at the same time.
The other proposed regulation changes to be included in the zoning bylaw amendments touch on a number of other areas. They include: adding large scale ground mounted solar collector fields as a discretionary use in FUD – Future Urban Development Districts; removing 65m2 (700ft2) as the maximum floor area for secondary suites; adding clubs as a permitted use in C3 – Arterial Commercial District and C4 – Regional Commercial District; rezoning Henderson Dr. from an R1 – One Unit Residential District to an R2 – Low Density Residential District as intended by the Official Community Plan; and permitting Home-Based Businesses type I as an ancillary use in R4 – High Density Residential Districts.
Mayor Ryan Bater asked about the process and whether all the zoning bylaw changes would be done all at once. City manager Jim Puffalt confirmed that the intent was to do a full omnibus zoning change that “includes everything outstanding over the last few months”, and believed it would be too cumbersome to bring them in separately. There will also be opportunity to make changes throughout the process.
Administration has also indicated it will bring in changes to its Smoking Bylaw as well, but that will be part of a separate bylaw amendment to be presented at a later date.
“It’s very antiquated and should be updated,” Puffalt said about the bylaw.
At this point, it does not look as if the update will need to cover cannabis use, at least not extensively. Councillor Kelli Hawtin had posed a question on whether marijuana would fit within the smoking bylaw or whether it fits under provincial laws for alcohol consumption. Puffalt indicated it will be treated the same as liquor, so the provincial laws against public consumption will apply.
A draft timeline has been proposed for the bylaw amendments. March 26 is the date for introduction of the proposed bylaw at City Council; that is to be followed by a time period when the proposed bylaw would be finalized and required changes would be made.
First reading would take place on April 9. The public hearing portion would then take place May 14.
Following the public hearing, administration would review any necessary changes and provide additional time for changes if required. Second and third reading is tentatively set for May 28, but there is a one-month buffer included in the timeline in case any more changes are required.
A public seminar on enforcement of new cannabis regulations would take place at a date to be determined. June 25 would be the last council meeting date before cannabis is legalized across Canada on July 1.
City administration also intends to hold two public seminars on the issue. The first would focus on zoning and bylaw regulations for cannabis and would include planning and development department; that is expected to happen in April or May. The second would focus on enforcement aspects and that would happen before July 1.
