The public hearing into proposed changes to Mountain View County's Land Use Bylaw was held last week, with several members of the public at large voicing opinions on new provisions related to the future cultivation of medical marijuana in the county.
The hearing took place Feb. 26 as a requirement of proposed changes to the bylaw, which sets out rules and regulations for all variety of land use in the municipality.
The bylaw is being changed to streamline and update the legislation, as well as to bring it into line with the overriding municipal development plan. Work on the changes has been underway for several months.
The amending bylaw includes land use regulations relating to medical marijuana. There are no specific provisions relating to medical marijuana cultivation in the current land use bylaw.
The new regulation would require medical marijuana facilities to be based in business park districts and heavy industrial districts.
Under the industrial district designation, such facilities would have to adhere to a number of regulations, including the requirement for a safety and risk assessment.
“Where there are potential effects or risks associated with a proposed development, the approving authority (county) may require an applicant to retain a qualified professional acceptable to the approving authority to provide a concept plan inclusive of a risk assessment report on the proposed development,” the amended bylaw states.
“The approving authority may request an emergency response plan as a condition of a development permit to ensure that emergency services requirements for fire, rescue and ambulance are met.”
Dale Lesack, a director with Releaf Inc., a company building a medical marijuana facility under Health Canada licence north of Cremona, spoke during the public hearing.
Lesack said, in part: “The proposed changes to the Land Use Bylaw in regards to ‘horticulture use, medicinal' being taken out of the agricultural districts and being put in industrial districts undoubtedly will result in far more negative than positive outcomes.
“As we are an agricultural enterprise producing a highly regulated and tested medicine, airborne contaminants are of great concern. In an industrial park we would have no control over neighbouring businesses which could impact our production” and “by proposing changes specific to only our industry, and no others in the agricultural sector, could be viewed as prejudicial and discriminatory.”
Mountain View County issued a building permit for an agricultural production facility at the undisclosed site on Oct. 7. The permit was issued under the Alberta Building Code.
The Releaf facility will grow medical marijuana for use by cancer patients and other medical patients. The Cremona-area facility has received tentative Health Canada approval, Lesack said.
Mary Thomson, a resident with property near the Cremona Releaf facility, said she would welcome a future requirement that medical marijuana facilities be located in industrial districts.
Speaking at the public hearing, Thomson said, in part: “The county needs to be more aware of federal and provincial policies to be able to make an informed decision on land issues like the medical marijuana greenhouse in Cremona and not allow such developments to be manipulated into existence (in) in-camera sessions which lend to an air of secrecy.
“This left our community disillusioned with the elected officials that we counted on to protect the rights of their taxpayers and landowners.”
Should the amended bylaw be approved, the new regulations requiring medical marijuana facilities to be located in industrial districts would not apply to the Cremona Releaf facility.
As well as the medical marijuana section, the amended bylaw also includes changes to dwelling density, including setting a maximum dwelling density of four dwelling units per quarter section outside of growth centres and hamlets.
As well, the subdivision of new lots will be restricted if four or more dwelling units currently exist on a quarter section. The maximum number of dwelling units for parcels 70 acres or less is one, and the maximum number of dwelling units for parcels 70 acres or more is two.
Following the public hearing, councillors discussed a number of sections in the amended bylaw and then instructed administration to come back with further information regarding a number of things, including public notification around gravel pits, and on requirements for the construction of berms, including for flood protection.
Councillors gave second reading to the amended Land Use Bylaw and to related bylaw amendments to the municipal development plan.
Councillors directed administration to bring both amending bylaws back to the next council meeting for possible third reading.
Reeve Bruce Beattie says he believes the amending bylaws will likely receive third reading at that time.
“I'd be surprised if it didn't pass,” said Beattie.
"As we are an agricultural enterprise producing a highly regulated and tested medicine, airborne contaminants are of great concern."Dale LesackReleaf Inc
