Council cautious during medical marijuana discussion
With potential litigation involving a proposed medical marijuana production facility, Welland council was cautioned to tread carefully Thursday night.
Mayor Frank Campion told councillors to stick specifically to an information report before them during a special council meeting, which also saw the issue dealt with in an in-camera session.
In response to a question from Ward 6 Coun. Bonnie Fokkens, Grant Munday, Welland's manager of development approval, said there are three industrial zones where the facilities would be permitted.
They are also permitted in certain agricultural and rural zones.
Munday said those industrial zones also contain various additional provisions for marijuana facilities such as a 70-metre setback from residential and institutional use or from a zone that allowed day nurseries.
“It really restricts where the facilities can go under our new zoning bylaw,” he said.
Munday told council that when planning staff and consultants were working on new zoning bylaws in 2017, the issue of medical marijuana production facilities never came up.
“We never heard anything from the public … in support or opposition.”
He also told council the city can only regulate the facilities to a certain degree. There are federal policies that apply to them as well.
“I believe from a planning perspective that we have the right setbacks in place,” he said, adding those could trigger public consultations where both residents and applicants could have their say.
Ward 5. Coun. Claudette Richard asked how many residents were opposed to the facility – Intrinsic Farmed Products Inc. when it applied for a minor variance under the new zoning bylaw at its proposed 100,000 square foot facility at 129 Hagar St.
Munday said he wasn’t sure said added a petition presented by residents was a number of pages.
Ward 4. Coun. Tony DiMarco asked why there was no decision made on the minor variance and why the applicants never followed through.
Munday said the applicant obtained legal advice and felt the facility would fall under legal nonconforming use because it had been established under the previous zoning bylaw.
The staff report before council said in Intrinsic Farmed Products Inc. asked for and received a letter from the city confirming the land was permitted for the proposed use.
But in 2017, Welland planning staff and consultants worked on a new zoning bylaw that allowed marijuana facilities in three industrial zones, an agricultural zone and rural zone only.
When Intrinsic asked for another letter confirming the proposed facility was permitted, city staff could longer provide it because it did not meet the 70-metre setback.
“The owner of the subject lands then submitted an application to the Ontario Superior Court of Justice to have the court rule that this proposed medical marijuana production facility was a legal non-conforming use given the time substantial time and money that had been put into applying for a medical marijuana production facility licence from Health Canada,” the report by Munday said.
In June of this year, the court ruled in favour of the applicant and awarded $7,000 in costs.
Ward 2 Coun. David McLeod heard the reason the judge’s ruling on the issue was not attached to report was that it was given verbally in court.
Council voted to accept Munday’s report for information only.