REQUEST FOR DECISION

File # 3900
3900--20; RZ2019
RZ2019--004
Report To: Mayor and Council
From: General Manager of Integrated Services
Presenter: Ashley Murphey
Subject: Administration Report No. 0005/20
Zoning Amendment Bylaw No. 2509, 2020 - Cannabis Production
Facility
Meeting: Regular Council
Meeting Date: 13 Jan 2020

RECOMMENDATION:

“THAT, Zoning Amendment Bylaw No. 2509, 2020 be introduced and read for
the first and second times by title only,

AND FURTHER THAT, a Public Hearing be scheduled for January 27, 2020 at
6:00 p.m. in City Hall Council Chambers
Chambers””.
CITY MANAGER'S COMMENTS:

Support recommendations.

ALTERNATIVE RECOMMENDATION:
"THAT, Admin Report No. 0005/20 - Zoning Amendment Bylaw No. 2509, 2020 - Cannabis
Production Facility, be received for information."

KEY ISSUES(S)/ CONCEPTS DEFINED:

SUMMARY:

The applicant, Dark Tower Holdings Ltd., is seeking to rezone the subject property located at
8004 90 St. to permit the use “Cannabis Production Facility
Facility””. This amendment would be
applicable to the subject property only, as Cannabis Production Facility, while defined within
the Zoning Bylaw, is not listed as a permitted use in any zone at this time. The subject
property is currently zoned M
M--1 – Light Industrial and is designated I – Industrial pursuant to
the OCP. Cannabis Production Facilities are prohibited in all zones, except pursuant to a
zoning amendment.

The applicant is proposing to construct a 40 ft x 80 ft (12.2 m x 24.4 m) enclosed building

where the cannabis production, processing and packaging would occur. The proposed use is
supported by the OCP and the Zoning Bylaw as it is an intensive indoor form of agriculture
which requires security fencing around the perimeter and will have a form and character
similar to that of existing development within the industrial area.

Prior to construction, the applicant will be required to service the subject property. The
applicant will also be required to successfully obtain federal production approvals in addition to
all required building permits.

Staff recommend support for this application as the form and character are consistent with
existing light industrial development within the area and the internal systems of the building
and production containers will mitigate odour.

BACKGROUND:

Dark Tower Holdings Ltd. as applicant, requests decision from Council to amend Zoning Bylaw
at 8004 90 St. (Subject Property) for the purpose of allowing the development of a Cannabis
Production Facility.

The subject property is currently designated I – Industrial and zoned M

M--1 – Light Industrial.

RELEVANT POLICY:
ANALYSIS:

Federal Policy:

Cannabis Production Facilities are strictly regulated by the Federal Government. The
applicant is intending to obtain a micro
micro--cultivation licence from the government. Pursuant to
the Cannabis Act, Micro
Micro--Cultivation means the area used to produce cannabis may not
exceed 200 m2.

The zoning amendment is the first step in the applicant

applicant’’s process to obtain a micro
micro--
cultivation licence. The next step will be the applicant constructing the building, which will
require that they successfully apply for and obtain a building permit. The building must be
constructed prior to the applicant applying to Health Canada for their licence to produce.

Zoning Conformance:

The applicant seeks to rezone the vacant M M--1 – Light Industrial lot to allow the development of
a Cannabis Production Facility. The proposed Cannabis Production Facility is intended to be a
micro
micro--cultivation facility, meaning that the total area for production of cannabis will be less
than 200 m2.

The applicant is proposing a facility wherein the cannabis will be produced, dried and stored
in individual shipping containers, contained entirely within the building [see Attachment 3:
Site Plan and Grow Pod Information
Information].]. Each of the individual shipping containers will have an
air scrubbing system on it, in addition to one for the building itself. This will ensure that
there will be no odour released from the building. During a site visit to Delta 9 Cannabis
Cannabis’’
production facility in Winnipeg, wherein the same shipping container grow systems are used
within warehouses, it was determined that there is virtually no odour associated with this
type of development. There was no odour present outside of the building and minimal odour
inside, unless one were to enter a shipping container containing cannabis. There is not
anticipated to be any noise associated with this building in excess of typical industrial uses.

The building and site will be required to meet all City bylaws including landscaping, servicing,
fencing and screening.

The City has previously regulated Cannabis Retail Stores, restricting such a use to the CC--2 –
Downtown Core Commercial zone, provided the entire parcel is not located within 200 m of a
school or 100 m of a park. A review has been completed and the subject property is not located
within 200m of a school or 100m of a park [see Attachment 4: 200m Buffer Plan].

An amendment to the Official Community Plan is not required.

Surrounding Land
Land--uses:

The surrounding and directly adjacent land

land--uses are:
Š North: M1 – Light Industrial vacant lot

Š South: M1 – Light Industrial vacant lot

Š East: M1 – Light Industrial vacant lot

Š West: M1 – Light Industrial vacant lot

The zoning mix of this neighbourhood is M1 – Light Industrial.

Official Community Plan Policies to Evaluate Official Community Plan and Zoning
Amendments:

The required evaluation criteria of OCP designation & Zoning Amendment are:

1. The availability of land or vacant buildings already suited for that purpose
purpose::

Š Cannabis Production Facilities are prohibited in all zones, except pursuant to a zoning
amendment.

2. Potential impacts of the proposed use on surrounding uses

uses::

Š No significant land use impacts on adjacent parcels are anticipated due to this proposal
as the land use remains the same and the form and character of the proposed
development are congruent with existing light industrial buildings in the City.

3. The permitted range of uses in the proposed zone should be compatible with the permitted
range of uses on adjacent parcels
parcels::

Š The proposed amendment is compatible with the permitted range of uses on the
adjacent parcels. The surrounding area consists entirely of industrial lands.

4. The proposed zone should be consistent with the objectives and policies of this OCP:

Š The intent of the Industrial designation is “Ensuring that the City

City’’s industrial lands are
used to their full potential and serve a diversity of sectors is of importance to the
community.
community.”” This application would represent a new use within the community and
will serve to create new employment opportunities.
Š The application is supported by Strategy 7.4.1 of the OCP, “ Prioritize the infill of
existing vacant industrial parcels before designating any new industrial areas.areas.”” and
 7.4.5 “Encourage the use of permanent structures in industrial areas wherever
practical.
practical.”” As this proposal seeks to develop a permanent shop on an existing vacant
industrial lot.

Spot zoning, or site

site--specific zoning, is a tool used to control types of development to produce
positive results. In cases where uses are compatible and supportive of adjacent uses, it is a
positive tool for controlling types of development. In this case the uses are compatible and this
supports the City
City’’s ability to regulate the location and number of Cannabis Production
Facilities within the community.

Official Community Plan policies support this application to align the Official Community Plan
land use designation and the Zoning Bylaw.

Benchmark Communities:

The following is review of Cannabis Production Facilities Zoning, which was completed using
Council Policy No. 51/10 – Benchmark Communities Policy.

Campbell River
River::

Cannabis production is permitted in the following zones:

A-1 – Airport 1 Zone: This zone provides for aviation

aviation--related uses and/or uses on the
Campbell River Airport lands which rely on the airport runrun--way or other uses associated
with the airport operations.

A-2 – Airport 2 Zone: This zone provides for aviation related, and other related or
complementary commercial and light industrial uses on privately owned lands adjacent
or in proximity to the municipal airport.

I -2 – Industrial 2 Zone: This zone provides areas for manufacturing, processing,

fabricating assembling, packaging and transport or shipping of goods and services,
including marine transport and water based industrial activities.

City of Colwood: Prohibited in all zones.

Courtenay
Courtenay::

Only speaks to the production of medical marijuanha and does not permit said use in
any zones, except for on ALR Land as permitted pursuant to the ALR Act and
Regulations.

Esquimalt: Prohibited in all zones.

Langford
Langford:: Prohibited in all zones.

Langley
Langley:: Prohibited in all zones.

North Cowichan:

The City has created three definitions pertaining specifically to the production of
cannabis, ALR Cannabis Production Facility, Cannabis Production Facility and Micro
Cannabis Production Facility.

ALR Cannabis Production Facilities are permitted in the following zones, pursuant to
the ALR Act and Regulations:

A1
A1-- Agricultural; and

A2 – Rural

Cannabis Production Facilities are permitted in the following zones:

I1 – Industrial Light Zone; and

I2 – Industrial Heavy Zone

Micro Cannabis Production Facilities are permitted in the following zones:

C -3 – Commercial Service Zone

North Cowichan does not have purpose or intent statements for its different zones,
however the permitted uses within each of the zones listed are similar to the
respective zones within the City of Fort St. John.

North Vancouver
Vancouver::

Permitted on M
M--2 Zoned properties only. The M
M--2 Zone is similar to the City`s Heavy
(M--2) Zoning, except the minimum lot size is very large at 1848 m2,
Industrial (M
compared to 900 m2, as required within the City of Fort St. John.

Pitt Meadows:

Prohibited in all zones, except as an allowable use on lands within the ALR pursuant to
the ALR Act and Regulations.

Port Coquitlam:

Cannabis Production is permitted in the following zones:

A – Agriculture: The intent of this zone is tto

o accommodate and regulate agricultural
uses on rural lots, including the keeping of animals and farm produce sales.

There is currently a Medical Cannabis Production Facility permitted on an M2 – Heavy

Industrial lot within Port Coquitlam. This was a site
site--specific zoning amendment to
permit the use on a single property only.
Port Moody:

Prohibited in all zones (current bylaw only refers to Medical Marihuana Production).

Squamish:

Cannabis Production is permitted in the following zones:

I -1 – Light Industrial: The intent of this zone is to provide for light industrial uses.

I -4 – Used Goods Industrial: The intent of this zone is to provide land for light industrial
and the extraction, production, or sale of recycled materials and the salvage of motor
vehicle parts.

I -8 – Specialized Industrial Business: The intent of this zone is to permit development

of an industrial business park containing a mix of light industrial uses, high technology
and research and development activity, including ‘RecTech
RecTech’’, as well as ancillary limited
office and services uses undertaken in enclosed buildings having a high standard of
design.

I -9 – Specialized Business Service Centre: The intent of this zone is to provide for
limited convenience services primarily serving the businesses and employees of the
surrounding industrial business park, with a high standard of design and amenity.

I -10 – Light Industrial Small Lot: The intent of this zone is to accommodate a mixture of
light and medium industrial uses on small lots.

I -11 – Business Park Industrial: The intent of this zone is to accommodate industrial
uses within the Sea to Sky Business Park.
 MUD – 1 – Creative Mixed Use District: The intent of this zone is to accommodate a
creative mixed use district comprised of artisan studios, office, service commercial and
light industrial mixed with multi
multi--family residential.

Vernon:

Cannabis Production is permitted in the following zones:

A1 – Agriculture within the ALR: The purpose of this zone is to provide a zone for all
uses,, as well as other complementary uses suitable in an agricultural
agricultural uses
setting.

I1 – Light Industrial: The purpose of this zone is to provide a zone for the development of
light industrial uses.

Based on this review, most municipalities have taken measures to restrict or prohibit the production
of cannabis within residential and commercial zones. Of the communities that permit the
production of cannabis, most have only permitted such use within industrial and agricultural zones.
Staff are recommending that the existing prohibition of cannabis production facilities in all zones
remain so that any application for such a use must go through a rezoning process, including public
hearing and Council approval. This provides the City with the greatest level of control over where
such uses may be located.

IMPLICATIONS OF RECOMMENDATION

COMPLIANCE WITH STRATEGIC GOALS:

COMPLIANCE WITH STRATEGIC PRIORITIES: None

GENERAL:

KEY INFORMATION:
This OCP and Zoning Amendment application is for a portion of the parcel
located at 8004 90 Street, which is legally described as LOT 19 BLCOK 7
TH
SECTION 30 TOWNSHIP 83 RANGE 18 WEST OF THE 6 MERIDIAN PEACE
RIVER DISTRICT PLAN 9925.

Parcel Identifier: 005

005--733
733--731

Site Area: 696.43 m2

Land Use:
Š Current Vacant
Š Proposed Cannabis Production Facility

OCP Designation
Š Current I – Industrial
Š Proposed I – Industrial

Zoning
Š Current M-1 – Light Industrial
Š Proposed M-1 – Light Industrial – with a text amendment to permit a Cannabis
Production Facility on the subject property only.

ORGANIZATIONAL: None

FINANCIAL: None

FOLLOW UP ACTION:

Should Council give the proposed bylaw first and second readings, Legislative
Services will send notification pursuant to Section 464 of the Local
Government Act and a Public Hearing will be scheduled, and a sign will be
placed on the subject property.
COMMUNITY CONSULTATION:

Should Council give first and second readings to the proposed Zoning
amendment, a Public Hearing will be scheduled for January 26, 2020 at 6:00
pm in City Hall Council Chambers pursuant to Section 464 of the Local
Government Act.

COMMUNICATION: None

DEPARTMENTS CONSULTED ON THIS REPORT:

Referrals included City departments and external agencies.

Attachments:

Attachment 1: Application

Attachment 2: Context Map

Attachment 3: Site Plan and Grow Pod Information

Attachment 4: 200m Buffer Plan

Attachment 5: Zoning Amendment Bylaw No. 2509, 2020

RESPECTFULLY SUBMITTED:
Ashley Murphey, Planner I
31 Dec 2019
 City of Fort St. John
10631 - looth street
Application For An O.C.P.
Foar srJoHN Fort St. John BC V1J 325 And/Or Zoning
'fhc Enøgetic Citl p.250.787.81s0 1.250.1 Bt .BIBL Amendment
www.fo rtstjoh n.ca

Office Use Only CITYOrA0BfrNlÈl.rulrN I

Applicat¡on Fee ($1000 + Advertising) Payment Details:

Applicat¡on Fee Both Amendments ($1500 + Advertising) Payment Details:
OcT 2 5 2019
Receipt *"., fao t66 lnitial 1/ PAID

SECTION l: PROPERTY OWNER/ APPLICANT INFORMATION

I/We hereby make application to I amend the Official Community Plan

EL amend the Zoning Bylaw.
Owner Nam a
Please print first and last name

Applicant Name (if different from owner) lNrCt{\Øu lr -Tàn^¡Aa.

Dark Tower Holdings Ltd. S\tì PloF!>
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Applicant Address 6ptr :<lorr-Prov. BL Postal Code Vt -ôK
Applicant Contact Phone Number gâÐ -eb5 -ßql rmail {shrpto¡.e Sradi nclo*n
PLEASE NOTE: IF APPLICANT IS NOT AN OWNER, A LETTER OF CONSENT IS REQUIRED

AS INDICATED ON STATE OF TITLE CERTIFICATE

civic Addre.r Boo{ 1O 31aú Parcel ldentifier (Plo) Oo5:f3:Z?l

Lot/ Parcel tq Btock 1 Plan qqâS Rotr No.

Existing Use of Subject Propefty \lRce.r*.n L¡-T

Existing Use of Adjacent Propefties {ACx*:< t¡:rT 1 ¿rt-f a2pçç@ ÉrTpiTì ôÈ5

Present Zoning nv\ I

Page | 1of2
 Application for an O.C.P and/or Zoning Permit

SECTION 3: AMENDMENT PROPOSED:

Amendment Proposed:

E Offic¡al Community Plan From To

I Zoning From f-n r To \A\ -To ?¿ar.n,it c-¡.¡>*:.H{Ë,s ff2a5per.<rìoe

Explain Purpose of Application (Including Intended Use)

5 -T

SECTION 4: APPLIGATION CHEGKLIST FOR SUBMISSION

K Attached is Application Fee of $1000.00 Plus Advertising

(Both Amendments for $1500,00 Plus Advetising)

K Attached is Current, Date-Stamped State of Title Certificate.

tr Attached is Letter of Consent from the Owner.

(Applies only if the Applicant is not the Owner)

PLEASE NOTE: Your application will not be considered unless the above checklist is complete.

SECTION 5: DEGLARATION

I/WE HEREBY DECLARE THAT THE ABOVE STATEMENTS AND THE INFORMATION CONTAINED
IN THE MATERIAL SUBMITTED IN SUPPORT OF THIS APPLICATION ARE TO THE BEST OF
MY/OUR BELIEF TRUE AND CORRECT IN ALL RESPECTS.

DATED this ){ day of ô60@ 20 t1 .

Signature of Applicant

¿<-
\A.F^Þ¡¿Þr P-ro".->
(Please Print Name)

Pagel2of2
 Legend
Roads
Road local

arterial

collector

lane

local

ramp

recreation

restricted

service

strata

rasters.GISOWNER.IMAGERY_2016
Red: Band_1

Green: Band_2

Blue: Band_3

2015 IMAGERY
Red: Band_1

Green: Band_2

Blue: Band_3

1: 2,000

4-Nov-2019
RZ2019-004 - 8004 90 St.

Meters
101.6 0 50.80 101.6
This map is intended for representation only. There is no guarantee of currency and accuracy of data shown.
NAD_1983_UTM_Zone_10N Please refer to legal plans for all measurements. Copyright (c) City of Fort St. John, Province of BC 2019.
Proposed Site Plan

 40 X 80 Shop Space

 Approx. 3200 Square Feet

Note: Building and zoning bylaws will be followed by the contractor to ensure compliance with the city. Picture is
for example purposes and doesn’t depict fencing, parking and other required elements for completion.
Proposed Site Plan
90th Street

Gate

Chain Link Fence Parking

Shop
 Overhead door
Overhead Door
Facility Plan

Up Up
Good Production Practices
Odor Control
 Cannabis production will take place in air tight shipping
containers inside the building. Each container will have its own
self contained HVAC unit with carbon filters for odor control.

 Secondary carbon filters on the HVAC units on the building itself

will also limit odor concerns that may ventilate outside.

 Shipping container use also reduces fire hazards being a sealed

steel unit.
 ¯
P-1 87 AVE

A LA
S KA RD
N
R-2

ST

92A ST
96
AL
AS
KA 86 AVE

86 ST
87 ST
RD

89 ST
90 ST
SIK S

91 ST
AN
NI

85
RD

ST
M-1

88 ST
R-2
RZ2019-004

86 ST
200m BUFFER AROUND
C-4
RM-2
85 AVE

85 AVE
R-3

8004-90 ST
AL A
A LA
SK A
HW Y
C-4
Legend
SK A
HW Y

LABEL
83 AVE Property Buffer (200m)
Subject Property
83 AVE
SANI DUMP

UTIL I T Y
Legal Lot Line (City)
82A AVE U-1 C
CE

A
City Boundary
SS
RD
C-4
Zoning Designation
ZONING
96A ST

AL
R-1A - Single-Detached Housing
A SK

89A ST
AR
D
(Small Parcel)
N
81
AV
E
R-2 - Two-Unit Housing
81 AVE
WASTE WATER TRANSFER STATION

93 ST
R-3 - Factory-Built Housing Park
RM-2 - Multiple Dwelling Housing

87 ST

86 ST
C-4 (High Density)
M-2 C-4 - Highway Commercial
M-1 - Light Industrial
M-2 - Heavy Industrial
79 AVE
92 ST

79 AVE
U-1 - City Utility Infrastructure
P-1 - Parks, Recreation and
Natural Areas
U-1
Legal Lot Line (PRRD)
98 ST

77 AVE

M-1

P-1
0 0.035 0.07 0.14 0.21
90 ST

Km

This map is intended for representation only.

There is no guarantee of currency and accuracy of data shown.
Please refer to legal plans for all measurements.
Copyright © City of Fort St. John, Province of BC 2019.
 CITY OF FORT ST. JOHN

BYLAW NO. 2509, 2020

A Bylaw to amend City of Fort St. John Zoning Bylaw No. 2470, 2019

Council of the City of Fort St. John in open meeting assembled, enacts as follows:

1. Fort St. John Zoning Bylaw No. 2470, 2019 and Schedule ‘A’ attached thereto and
forming part of this bylaw are hereby amended in the following manner:

Light Industrial Section 22.2 – Permitted Uses to include the following use in
alphabetical order:

Cannabis Production Facility on the following property only:

LOT 19 BLOCK 7 SECTION 30 TOWNSHIP 83

RANGE 18 WEST OF THE 6TH MERIDIAN PEACE RIVER DISTRICT PLAN 9925

as shown hatched on Schedule ‘A’ attached to this Bylaw.

2. If any section, subsection sentence, clause or phrase of this Bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction,
the invalid portion shall be severed and the part that is invalid shall not affect the
validity of the remainder.

3. This Bylaw may be cited as Zoning Amendment Bylaw No. 2509, 2020.

READ FOR A FIRST AND SECOND TIME THIS DAY OF 2020

Notice of Public Hearing Advertised in the Alaska Highway News on 2020 and
posted to the City’s website on 2020

PUBLIC HEARING HELD ON THIS DAY OF 2020

MINISTER OF TRANSPORTATION AND HIGHWAYS APPROVAL RECEIVED THIS

DAY OF 2020

READ FOR A THIRD TIME AND ADOPTED THIS DAY OF 2020

LORI ACKERMAN JANET PRESTLEY, DIRECTOR OF

MAYOR LEGISLATIVE AND ADMINISTRATIVE
SERVICES
Zoning Amendment Bylaw No. 2509, 2020 Page 2

Schedule A