Pubdate: Tue, 04 Mar 2014
Source: Mountain View Gazette  (CN AB)
Copyright: 2014 Mountain View Publishing
Contact:  http://www.mountainviewgazette.ca/
Details: http://www.mapinc.org/media/4234
Author: Dan Singleton

COUNTY HOLDS PUBLIC HEARING ON LAND USE BYLAW AMENDMENTS

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.
- ---
MAP posted-by: Jay Bergstrom