Jul 20, 2018

NOTICE OF PUBLIC HEARING


CANNABIS RETAIL SALES

proposed bylaws


Pursuant to the provisions of the Municipal Government Act, Chapter M-26, R.S.A. 2000 and amendments thereto, it is the intention of the Council of the Town of Wembley to adopt By-law 603(AD) to amend the Town of Wembley Land Use By-Law 603.
The purpose of By-Law 603(AD) is to provide clarity to the Town of Wembley’s Land Use Bylaw in advance of cannabis legalization.

The Town of Wembley Land Use By-law 603 amendments are as follows:

  1. That Section 2.1 be amended to include the following definitions:
    “CANNABIS”means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds, and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time and includes edible products that contain cannabis.

    “CANNABIS RETAIL SALES” means a retail store licensed by the Alberta Liquor and Gaming Commission (AGLC) where cannabis and cannabis accessories are sold to individuals who attend at the premises and where consumption of Cannabis must not occur.

    “CANNABIS PRODUCTION FACILITY” means a premise used for growing, producing, processing of raw materials, testing, destroying, storing, or distribution of cannabis authorized by a license issued by Health Canada.

  2. That Section 12.5 Primary Commercial (C-1) District be amended as follows:
    • That “Cannabis Retail Sales” be added as a Discretionary Use under Section 12.5.1(b).
  3. That Section 12.7 Industrial (M-1) District be amended as follows:
    • That “Cannabis Production Facility” be added as a Discretionary Use under Section 12.7.1(b).
  4. That Section 10 Additional Regulations for Specific Land Uses be amended to include the following:

    10.9 CANNABIS RETAIL SALES

    10.9.1 The owner or applicant must obtain any other approval, permit, authorization, consent or licence that may be required to ensure compliance with applicable federal, provincial or municipal legislation.

    10.9.2 Cannabis Retail Sales shall not be located within 100 meters from a private or public school and playground.

    10.9.3 The separation distance between uses shall be measured from lot line to lot line.

    10.9.4 The development shall not operate in conjunction with another approved use.

    10.9.5 Customer access to the Cannabis store is limited to a store-front that is visible from the street.

    10.9.6 No customer parking shall be located at the rear of the Cannabis Retail Sales building.

    10.9.7 All parking areas in front of the building shall be well lit to the satisfaction of the Development Officer during operating hours.

    10.9.8 Parking shall be provided in accordance with the minimum requirements under Section 9.6.1 Commercial Uses: Retail Shops.

    10.10 CANNABIS PRODUCTION FACILITY
    10.10.1 The owner or applicant must provide as a condition of development a copy of the current licence for all activities associated with cannabis production as issued by the Federal Government.

    10.10.2 The owner or applicant must obtain any other approval, permit, authorization, consent or licence that may be required to ensure compliance with applicable federal, provincial or municipal legislation.

    10.10.3 The development must be done in a manner where all the processes and functions are fully enclosed within a stand-alone building including all loading stalls and docs, and garbage containers and waste material.

    10.10.4 The development shall not include an outdoor area for storage of goods, materials or supplies.

    10.10.5 The development shall not operate in conjunction with another approved use. 

    10.10.6 The development must include equipment designed and intended to remove odours for the air where it is discharged from the building as part of a ventilation system.

    10.10.7 The Development Officer may require, as a condition of a development permit, a waste management plan, completed by a qualified professional, which includes but is not limited to, details on:

    1. the incineration of waste products and airborne emissions, including smell;
    2. the quantity and characteristics of liquid and waste material discharged by the facility; and
    3. the method and location of collection and disposal of collection and disposal of liquid and waste material discharged by the facility.

A copy of the proposed bylaw may be inspected by the public at the Town Municipal Office located at 9940 – 101 Street, Wembley, Alberta during regular office hours, 8:30 a.m. – 4:30 p.m., Monday through Friday, excepting statutory holidays and between the hours of 12 noon and 1:00 p.m.A Public Hearing will be held on Monday, August 27, 2018 at approximately 8:00 p.m., to hear presentations from interested parties.
Written submissions may be sent to the Town Office prior to 12 noon, Wednesday, August 22, 2018. Anyone wishing to make a verbal presentation to Council must notify the Development Officer by 12 oon on Wednesday, August 22, 2018.

Dated this 20 th day of July, 2018
Lori Parker
Development Officer