Pubdate: Wed, 12 Feb 2014
Source: Tribune, The (CN ON)
Copyright: 2014, Osprey Media Group Inc.
Contact: http://www.wellandtribune.ca/letters
Website: http://www.wellandtribune.ca/
Details: http://www.mapinc.org/media/2807
Author: Maryanne Firth

PORT BYLAWS GOING TO POT

Port Colborne wants to have a say in where medical marijuana 
facilities can set up shop in the lakeside city.

During Monday night's city council meeting, staff recommended the 
process be started to amend the municipality's zoning bylaw, site 
plan control bylaw and official plan to regulate and provide 
provisions for such facilities.

New federal regulations come into effect on April 1 that regulate 
larger production, processing and distribution of marijuana, and 
remove the ability to grow in private households.

While licensing of the facilities is under exclusive jurisdiction of 
the federal government, the producers must comply with all municipal 
laws and bylaws.

A medical marijuana processing facility, which includes cultivation, 
packaging and selling, is considered an agricultural use and, as 
such, is permitted under the city's agricultural zoning, said Port 
Colborne's director of planning and development, Dan Aquilina.

Staff are recommending, however, that a specific definition for the 
marijuana facilities be added to the zoning bylaw, and setback 
provisions be put in place from sensitive lands, including 
residential properties.

Recommended setback distances will be brought forth at a March public 
hearing - date still to be determined.

An amendment must also be made to the industrial zoning designation 
to allow for cultivation.

This change will require an amendment to Port Colborne's official 
plan and must be approved by Niagara Region council, Aquilina said.

Staff is also recommending an amendment to the city's site plan 
control bylaw to ensure provisions such as fencing and lighting are addressed.

Licensed producers will be required under federal regulations to meet 
extensive security and quality control requirements, Aquilina said. 
Port Colborne has not yet received any notice of commercial 
facilities intending to set up in the city, Aquilina said. Every 
proponent, he added, must notify the city, as well as police and the 
fire department.

Several residents in the Pinecrest Rd. area attended Monday's meeting 
with concerns a privatized medical marijuana facility already in 
operation in their neighbourhood would apply to become a larger 
commercial facility.

Impact on local wells, noise from exhaust fans, intense lighting and 
the smell during the harvest were all raised as potential issues.

Resident Nancy Misener said the smell, described as skunk, "wakes you 
up at night" and prevents some area homeowners from opening their windows.

"For the good part of three weeks, you have a pungent taste in the 
back of your throat."

Ward 3 Coun. Bea Kenny said her property is subject to smells from an 
Elm St. business in a different sector for a few weeks each summer, 
but she knows the company brings employment to the community.

"When people complain, I say 'Jobs, or a smell for two weeks?' "

Commercial marijuana facilities will be required to have filtration 
systems to contain odours within the building, Aquilina said.

There needs to be a balance between mitigating issues brought forward 
by residents while still opening the door to new economic 
opportunities, Mayor Vance Badawey said.

"It's important it's done right. We have to protect our residents, 
but don't want to elude new industry."

The process to amend the agricultural zoning bylaw will be expedited 
in hopes of being completed prior to the April 1 implementation of 
the new regulations.

Aquilina urged residents interested in being notified of the coming 
meetings, where the public will have an opportunity to speak, to e- 
mail him at  ---
MAP posted-by: Jay Bergstrom