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Retail cannabis store rules set

Sundre is now open for business to retail cannabis stores. Once recreational use is legalized Oct.
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Sundre is now open for business to retail cannabis stores.

Once recreational use is legalized Oct. 17, provincially licensed stores will be able to locate in some commercial and all industrial districts in the town provided they suffice newly enacted land use bylaw requirements.

“Technically, one could come in and start the development permit process effectively now,” said Mike Marco, the town’s director of planning and economic development, early last week.

On Sept. 16, council passed second and third readings of a land use bylaw amendment that sets rules for where the stores can locate as well as signage restrictions and on-site safety elements that must be considered.

“The bylaw amendment aligns the town’s land use bylaw with anticipated new and emerging opportunities in a controlled and responsible environment,” he told council, adding separation from residential areas and places where children congregate was important.

Stores are listed as a discretionary use in the central commercial and highway districts as well as in the industrial districts.

The provincial government set some minimum standards for the location of cannabis retail stores and allowed municipalities to modify location requirements and hours of operation.

Sundre increased the minimum separation distance from a retail store to the hospital, schools, schools reserve or municipal and school reserve to 150 metres (m) from the province’s minimum of 100 m.

Stores in Sundre must also be a minimum of 150 m from the arena, aquaplex, community centre, curling rink, library, playground and skatepark structure, outdoor rink and each other.

Setbacks to other land uses originally listed in the bylaw when first reading was given, had been removed by the time the public hearing was held on Sept. 16. They included medical clinics, municipal campground, childcare and seniors' facilities as well as municipal reserves (MR).

There is a lot of MR land located close to the business areas, said Marco, adding “essentially if we include that, we can sterilize much of the downtown.”

He cautioned council at the beginning of the meeting that the one thing the town couldn’t do “is totally sterilize the town to not allow (cannabis retail stores) because it’s enabled through legislation to be legal.”

The setbacks were based on survey feedback, said Marco and refined after further community consultation.

Council made other changes to the bylaw after the public hearing but before second and third readings which were all held the same evening.

A motion to remove the requirement that stores be open a maximum of 12 hours between 10 a.m. and 10 p.m. barely passed with a 4-3 vote.

Coun. Charlene Preston was one of the four councillors who voted to make operational hours default to the province’s maximum of 10 a.m. to 2 a.m. set for both cannabis and liquor retail stores.

“I would hate to have one rule for liquor stores and one rule for cannabis when you can sort of put them in the same category,” Preston said.

Coun. Richard Warnock disagreed.

“There’s nowhere that I know of that we have to adhere to the alcohol rules and regulations. I believe we’re in our own right to do this,” said Coun. Richard Warnock in registering his desire to have the hours maintained at 10 a.m. to 10 p.m.

Mayor Terry Leslie and Coun. Paul Isaac also voted against the time requirement elimination.

Isaac would end up being the lone dissenter during second and third reading of the bylaw, voting against adoption both times.

“My way of thinking is to start off more protected so that we see how it progresses to be able to then change the bylaw in a productive, positive manner rather than being potentially too lenient because once it's in place it’s very hard to claw back,” he said during the public hearing.

Taking all the setbacks into consideration, Isaac wanted to know how many retail cannabis stores could possibly establish in town.

“Because the council of the day, prior to my term, certainly took a lot of heat when I think the eighth liquor store opened and council of the day has certainly taken the heat when three roundabouts came up. So I think it’s an important answer and an important question that there should be some research,” he said.

One of two people to speak in favour of the bylaw during the public hearing suggested capping the number of stores allowed to open.

“I would really hate to see 10 businesses open up and seven of them fail. I think it would be healthier if council allowed say, 10 maximum, at this point in time because you’re stepping into a new industry here. There should be a number placed at this point in time and then if there’s a greater demand at a later time frame, council can attend to it,” said Al Bertram welcoming the new industry.

The town’s director of planning and economic development said it is hard to gauge but estimated there’s currently four to five vacancies in the downtown and two to three along the highway that could potentially be a consideration for this type of retail operation.

More research would have to be done to further quantify that, said Marco, adding demand would be another unknown factor.

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