HomeMy WebLinkAbout2012-11-19 Workshop Meeting Agenda and Reports.pdf
District of Maple Ridge
1. ADOPTION OF THE AGENDA
2. MINUTES –November 5, 2012
3. PRESENTATIONS AT THE REQUEST OF COUNCIL
Note: The TransLink presentation is scheduled for 10:00 a.m.
3.1 TransLink Presentation
• Marisa Espinosa, Senior Manager, Service Planning
• Adam Hyslop, Planner, Service Planning
• Mark Erdman, Assistant Manager, Government Relations
4. UNFINISHED AND NEW BUSINESS
4.1 Capital Works and Development Update
Presentation by the Municipal Engineer, the Manager of Park Planning and
Development and the Manager of Development and Environment Services
COUNCIL WORKSHOP AGENDA
November 19, 2012
9:00 a.m.
Blaney Room, 1st Floor, Municipal Hall
The purpose of the Council Workshop is to review and discuss policies and
other items of interest to Council. Although resolutions may be passed at
this meeting, the intent is to make a consensus decision to send an item to
Council for debate and vote or refer the item back to staff for more
information or clarification.
REMINDERS
November 19, 2012
Closed Council 10:45 a.m.
Committee of the Whole Meeting 1:00 p.m.
November 20, 2012
Public Hearing 7:00 p.m.
Council Workshop
November 19, 2012
Page 2 of 3
4.2 Medical Marihuana
Staff report dated November 19, 2012 recommending that staff be directed to
work with legal counsel to prepare Zoning and other bylaw amendments needed to
establish the production of medical marihuana as a permitted use in agricultural
zones.
5. CORRESPONDENCE
The following correspondence has been received and requires a response. Staff is
seeking direction from Council on each item. Options that Council may consider include:
a) Acknowledge receipt of correspondence and advise that no further action will be
taken.
b) Direct staff to prepare a report and recommendation regarding the subject matter.
c) Forward the correspondence to a regular Council meeting for further discussion.
d) Other.
Once direction is given the appropriate response will be sent.
5.1
6. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL
7. MATTERS DEEMED EXPEDIENT
8. ADJOURNMENT
Checked by: ___________
Date: _________________
Council Workshop
November 19, 2012
Page 3 of 3
Rules for Holding a Closed Meeting
A part of a council meeting may be closed to the public if the subject matter being considered relates to one
or more of the following:
(a) personal information about an identifiable individual who holds or is being considered for a position as
an officer, employee or agent of the municipality or another position appointed by the municipality;
(b) personal information about an identifiable individual who is being considered for a municipal award or
honour, or who has offered to provide a gift to the municipality on condition of anonymity;
(c) labour relations or employee negotiations;
(d) the security of property of the municipality;
(e) the acquisition, disposition or expropriation of land or improvements, if the council considers that
disclosure might reasonably be expected to harm the interests of the municipality;
(f) law enforcement, if the council considers that disclosure might reasonably be expected to harm the
conduct of an investigation under or enforcement of an enactment;
(g) litigation or potential litigation affecting the municipality;
(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality,
other than a hearing to be conducted by the council or a delegate of council
(i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for
that purpose;
(j) information that is prohibited or information that if it were presented in a document would be prohibited
from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act;
(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at
their preliminary stages and that, in the view of the council, could reasonably be expected to harm the
interests of the municipality if they were held in public;
(l) discussions with municipal officers and employees respecting municipal objectives, measures and
progress reports for the purposes of preparing an annual report under section 98 [annual municipal
report]
(m) a matter that, under another enactment, is such that the public may be excluded from the meeting;
(n) the consideration of whether a council meeting should be closed under a provision of this subsection of
subsection (2)
(o) the consideration of whether the authority under section 91 (other persons attending closed meetings)
should be exercised in relation to a council meeting.
(p) information relating to local government participation in provincial negotiations with First Nations, where
an agreement provides that the information is to be kept confidential.
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District of Maple Ridge
TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012
and Members of Council FILE NO:
FROM: Chief Administrative Officer MEETING: Workshop
SUBJECT: Medical Marihuana
EXECUTIVE SUMMARY:
At the Closed Council meeting on June 4, 2012, Council was advised of the legal options for the
District as they pertained to medical marihuana. Released from closed, Council directed staff to
work with legal counsel to draft the appropriate bylaw amendments (ie. the Zoning Bylaw) with
respect to growing medical marihuana in the District.
Medical Marihuana is a controlled substance. Available through prescription, its production is
controlled by licence through Health Canada. As it is federally regulated under the Marihuana
Medical Access Regulations, local governments have limited power to restrict this land use within
municipal boundaries. However, local governments do have the power to direct these uses into
specific zones, based on proper planning purposes. Staff have worked with legal counsel in
reviewing the appropriate bylaw amendments as well as researching related work in other
municipalities. The purpose of this report is to outline a recommended land use option for directing
the commercial production of medical marihuana as authorized under the Marihuana Medical
Access Regulations to take place in agricultural zones only.
RECOMMENDATION:
That staff be directed to work with legal counsel to prepare Zoning and other bylaw amendments as
needed to establish the production of medical marihuana (as authorized under the Marihuana
Medical Access Regulations) as a permitted use in agricultural zones only, in suitably designed and
serviced structures, subject to siting and setback restrictions.
DISCUSSION:
a) Background Context:
Medical marihuana has a relatively short history in Canada. Its current status has been defined by
legal precedents and challenges. In 1997, through a legal challenge, its use became accepted as
necessary for medical treatment, and access was recognized as a basic right for those with
legitimate need. At this time there were no guidelines on access — it remained illegal to distribute.
In 2001, the Marihuana Medical Access Regulations were adopted by the Federal Government.
Based on the understanding that it eased the symptoms of terminal illness or chronic conditions,
these regulations allowed access to those afflicted. A further ruling in 2003 led to the provision of
dried product or seeds to those authorized to obtain them. That plan remains largely intact to this
day. In order to receive these products, applicants must make a written request to Health Canada,
with support from a medical practitioner. As of December 2011, there were 3600 people within
British Columbia who are authorized to possess medical marihuana. About 1200 people are
4.2
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licensed to grow the product. Many of those licensed to possess medical marihuana also grow it
within their homes.
Issues and Concerns:
In practice, allowing this use in residential areas is associated with numerous issues, including
health and safety concerns and the potential for diversion of legal product to the illegal market.
These issues are exacerbated by the often amateur nature of the grower, the clandestine nature of
the operation, its vulnerability to theft, and the poor communication channels between growers,
building officials, and law enforcement officers. The Maple Ridge Fire Department note that these
operations often pose major fire, electrical and life safety code violations, and have experienced
many resulting fires. Specific concerns noted by the fire chief are as follows:
From a fire department perspective, marijuana grow operations that are not
conducted in a “purpose built” building are an extreme hazard to first responders.
The electrical wiring found in grow operations is most often installed without benefit
of permit and it does not adhere to electrical safety code standards.
The structural integrity of residential buildings are often modified to accommodate
venting and mechanical equipment used for cooling the grow operation. These
changes can allow the rapid spread of fire and can cause areas of entrapment for
fire fighters inside the structure.
Marijuana grow operatiosn often use propane powered CO 2 generators inside the
building to assist in the growing cycle of the plants. The practice of using propane
cylinders inside a structure is prohibited by the Gas Safety Code and an extremely
dangerous practice.
The other negative aspect of growing marijuana in a residential building is the
accumulation of moisture and the resulting mould and mildew that follows.
Concerns expressed to the District by the Officer in Charge, Ridge-Meadows RCMP Detachment
include:
Home Invasions:
Typical to grow operations regardless of whether the resident is licensed to grow;
Often the victims are indeed innocent as the grow had existed prior to the victims
moving into the residence;
Danger to residents of the neighbourhood as there are often mistakes made by the
suspects in regard to a wrong house or wrong address;
Criminals are indiscriminate, not concerned about who may be harmed, kids, elderly,
or others;
Danger to Emergency Services personnel (Police, Fire, B.C. Ambulance Service)
Likely an increase of reported grow rips, which burdens police and prevents them
from investigating other offences;
Organized Crime:
Increased presence in regard to grow operations as those with a legal certificate to
grow are being approached, and some agree, to grow in excess of their legal
allotment on behalf of Organized Crime groups;
Safety Hazards:
As none of the Medicinal Grows are being inspected, there is likely to be an increase
of electrical fires which can cause increased property damage and in the case of
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warehouse grows, those businesses sharing a common wall may lose their
livelihood;
There is nothing in the regulations regarding children as legal growers still have to
use the required chemicals and the children are exposed to the dangers of fire and
violent home invasions;
Insufficient accountability:
The local police are not provided information of how many legal grows are within the
boundaries of Maple Ridge and Pitt Meadows. This lack of information creates
inefficiencies for the police during investigations and reacting to public safety
concerns;
Health Canada has very few inspectors which provides no ability to ensure
regulations are being adhered to;
Homeowners are not accountable criminally in the event the marihuana is grown by
renters;
Those with certificates to grow have no requirement to account their yield, which
could literally be thousands of plants or hundreds of pounds over their allotment;
Police are only allowed to seize the amount over what is being grown by the
certificate holder and the grower is allowed to keep their allotment which results in
virtually no penalty for growing contrary to the regulations;
Human health and property damage are significant risks under the current system. Improperly done
electrical retrofits can greatly increase the risk of fires. Improperly stored fertilizers can lead to
explosive chemical reactions. A standard practice of indoor horticulture is to artificially elevate
carbon dioxide levels in order to expedite plant growth. With medical marihuana, this objective is
often achieved by the use of industrial grade propane powered burners. The propane burners
inadvertently produce huge quantities of ultrafine combustion particles, water vapor and carbon
monoxide. Normal residential ventilation is incapable of handling these contaminants. As a result,
carbon monoxide is commonly a high risk in non professional grow operations which is a
undetectable but serious health risk1. Odors from these operations are also a nuisance to
neighbours. In addition, current practices often lead to the generation of large amounts of often
improperly handled waste.
The Future of the Industry: Changes to Federal Legislation and Technological Advances
Licensing changes:
Health Canada, the licensing authority for medical marihuana, is revising its program for regulating
licensed producers and is introducing additional compliance standards related to public health, best
management practices, and accountability. Licensed producers will have to demonstrate
compliance with requirements for product quality, personnel, record-keeping, safety and security,
disposal and reporting. These regulations are intended to protect the safety of the products and the
security of production sites. These changes will likely lead to the phasing out of the existing system
of individual growers and licenses. The anticipated date for the introduction of new Federal
legislation is 2014.
Technological advances:
Technological advances in LEDs (Light Emitting Diodes) have greatly increased production
efficiencies of indoor agriculture. These lights are designed to emit only the wavelength of light
1 Burning propane or natural gas to produce CO2 for plant assimilation is normally a good practice if the equipment is
installed correctly, but if the appliance is not vented correctly, carbon monoxide can be produced.
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necessary for photosynthesis to take place with sufficient power to meet plant growth needs. Using
significantly less power than previous grow light systems, these lights also do not generate
significant heat. As a result, they can be placed as close as 30 cm (one foot) from plants without risk
of burning them. This advance allows for considerable space efficiencies, as plants which previously
occupied only one level can now be stacked in shelving. As a result, a more compact building
footprint is possible.
What this means:
Legislative changes and technological advances will assist in alleviating some of the problems
associated with the current situation. Health Canada regulations will increase the potential for
improved management practices and better regulation of the industry. Technological advances will
favour strategic capital investment to create energy efficient production in secure buildings.
However, the challenges that remain include high levels of organic waste produced, elevated carbon
dioxide levels in the indoor environment (with potential combustion emissions and adverse health
effects), nuisance effects due to odors, and public safety risks.
b) Desired Outcome:
The challenge for the District of Maple Ridge is to manage the current and future risks associated
with the production of medical marihuana authorized by the Marihuana Medical Access Regulations
by directing this land use into an appropriate zone in a purpose built structure. The District also
must recognize the issue of personal access and supply to medical marihuana as authorized under
the Marihuana Medical Access Regulations.
Due to odor, indoor air quality impacts, and fire and safety concerns, it is recommended that
residential and commercial zones and other population serving areas not be considered for the
commercial production of marihuana as authorized under the Marihuana Medical Access
Regulations.
Industrial zones may be considered suitable, however, the challenges associated with this use
include maintaining air quality in multi-tenanted structures. In addition, industrial sites may be less
suitable for processing the significant amount of organic waste produced as part of the operation.
Agricultural Land Commission staff confirm that the production of medical marihuana as authorized
under the Marihuana Medical Access Regulations (which consumes carbon dioxide) is a permitted
use in the Agricultural Land Reserve. In addition, composting facilities (which produce carbon
dioxide) are recognized as a permitted use. By combining these two processes on - site, there is
significant potential for reducing reliance on fossil fuels as part of the production process. As they
may be composted on site, wastes will not have to be transported away, and reduced fuel
consumption would result. There would also be potential for innovative processes through the use of
anaerobic composting to produce fuel as well as carbon dioxide for the production process2.
On this basis, the recommendation is to direct the commercial production of medical marihuana as
authorized under the Marihuana Medical Access Regulations into agricultural zones, in the Maple
Ridge Zoning Bylaw, in purpose built structures with separation requirements from residential uses.
It should also be pointed out that future trends in greenhouse production indicate capital intensive
investments specifically designed to create a controlled environment conducive to predictable plant
growth. With the use of energy efficient LED lighting, unpredictable but formerly essential elements
such as weather will not be required with this process. Purpose built structures, if constructed for
2 In 2007, the Ministry of Agriculture participated in a biogas feasibility study. The study concluded that there was
extensive potential for energy recapture of agricultural wastes through anaerobic composting.
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marihuana production, could also be used for other horticultural products. By directing these uses in
agricultural areas, a wider range of potential horticultural uses is made possible. The lifecycle of
such a structure and the value of this asset could be thereby extended if a license to grow medical
marihuana was discontinued3.
c) Strategic Alignment
Through its Corporate Strategic Plan, the District recognizes it is responsible for many decisions that
influence the community's impact on the planet including managing land use, water, and waste. The
District, therefore, has significant jurisdiction over making changes that can support sus tainability.
One of the major contributing factors to achieving sustainability in Maple Ridge is addressing climate
change. To address climate change, Maple Ridge is seeking to reduce greenhouse gas emissions
both in corporate operations and in the community. These reductions are part of the District’s
commitment to becoming carbon neutral and reducing the District’s carbon footprint. The Maple
Ridge Official Community Plan contains policies with a similar goal, as follows:
5 - 43 The District of Maple Ridge will use an integrated approach to reduce and mitigate
the effects of climate change through the following;
g) encouraging low impact development measures where possible.
5 - 45 The District of Maple Ridge has a goal to reduce community greenhouse gas
emissions by 33% below 2007 levels by 2020 and 80% by 2050.
It is important to recognize that medical marihuana, in its present and current use, has significant
environmental impacts associated with it and is a heavy consumer of energy. It is therefore
consistent with the District’s strategic direction that the commercial production of medical
marihuana as authorized under the Marihuana Medical Access Regulations be directed into areas
that are suitable for all stages of its productive cycle, including the management of organic wastes.
In this instance, the most suitable location is within an agricultural zone.
d) Citizen/Customer Implications:
This Zoning Bylaw recommendation is intended to meet the needs of Maple Ridge residents. Those
with demonstrated need require a reliable source of medical marihuana. The District has a
responsibility to ensure that its structures intended for human habitation are safe for the use
intended. By establishing a separation between this use and residential structures, the District will
be reducing the risks of secondary impacts of the commercial production of Marihuana Medical
Access Regulations on residential users. These impacts include air quality impacts, increased risk of
fire, and potential theft and violence.
e) Interdepartmental Implications:
The adoption of this proposed Zoning Bylaw amendment may trigger a need to amend other Maple
Ridge bylaws, such as the Business Licensing and Regulation Bylaw.
In advance of a formal Council direction for the commercial production of medical marihuana as
authorized under the Marihuana Medical Access Regulations, the Building Department has
developed guidelines aimed at protecting residential users from some of the deleterious effects of
these operations. The Building Department confirms that as a condition of permit, adequate
3 Current land values would likely make it economically feasible for a wider rang e of horticultural products to be produced
in greenhouse structures on agricultural land as opposed to industrial land.
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ventilation must be provided in all facilities that produce medical marihuana. These ventilation
requirements must meet Workers Compensation Benefit guidelines.
Policy Implications: By recognizing the commercial production of medical marihuana as authorized
under the Marihuana Medical Access Regulations as an agricultural use, and by this use into
agricultural zones, the District is ensuring a consistent direction with its Official Community Plan and
its Agricultural Plan.
Official Community Plan. Policy 6-9 of the Official Community Plan states the following:
Maple Ridge supports the policies and regulations of the Agricultural Land Commission Act
and the Farm practices Protection Act in its land uses and will review its bylaws affecting
farmland and farm operations for consistency with these provincial acts regulations, and
guidelines.
As this use is permitted within the Agricultural Land Reserve, and is recognized as a farm use, it is
consistent with the direction of the Official Community Plan and with the mandate of the Agricultural
Land Commission to allow this use on agricultural land.
Agricultural Plan. The Maple Ridge Agricultural Plan notes that there is limited diversity in our
agricultural sector. As stated in Goal 8 of the Plan:
Pursuing diversity in local agriculture is a way of ensuring that agricultural land use is
capable of adaptive response to, and recovery from, challenges to food security, and other
amenities valued by society. More diversity creates more ability for successful response and
promotes resiliency in agricultural land use. Diversified agricultural activity (equestrian, agro-
tourism) will protect the land base through active use, create demand for services and
workers, and support the infrastructure also required for food production.
While limited, the potential benefits that could arise from directing this use on agricultural land
include the increased incentive for private investment in improvements on agricultural properties.
The life cycle of a cutting edge compact facility could be extended to other agricultural uses,
including food production. There would also be greater potential for other complementary uses on
the same site, such as composting.
Zoning Bylaw. A recommended approach is to recognize the commercial production of medical
marihuana as authorized under the Marihuana Medical Access Regulations this use and establish
standards for its siting in the Zoning Bylaw. If this use is to be included in the Zoning Bylaw, the
following amendments are proposed:
Part 2 Interpretation - Definitions:
Medical marihuana may already be an agricultural use but due to the impacts it has in proximity to
residential users, it is recommended that it be defined specifically. This is similar to the direction
taken with mushroom growing. This amendment also provides an opportunity to establish
regulations in the Zoning bylaw specifically for this use and other permitted agricultural uses, such
as composting.
Part 5 Agricultural Zones:
Section 503 of the Zoning Bylaw establishes siting requirements for permitted uses use in
agricultural zones. The siting requirements for mushroom growing or the keeping of swine or poultry
for domestic purposes may be summarized as follows:
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503 (2) Buildings and structures for agricultural use or resource use:
(d) that involve mushroom growing or the keeping of swine or poultry for domestic
purposes, shall be sited not less than:
(i) 60 metres from front and exterior side lot lines;
(ii) 30 metres from rear and interior side lot lines;
(iii) 30 metres from all wells and streams;
(iv) 30 metres from all buildings used for one family residential use, accessory
employee residential use or temporary residential use.
It is recommended that similar siting requirements apply in agricultural zones for the commercial
production of medical marihuana as authorized under the Marihuana Medical Access Regulations.
Alternatives:
Council may also wish to permit in Industrial zones the commercial production of medical marihuana
as authorized under the Marihuana Medical Access Regulations.
CONCLUSION:
Local governments have the power and the responsibility to, based on sound planning rationale,
direct suitable locations for the commercial production of medical marihuana as authorized under
the Marihuana Medical Access Regulations. For the District of Maple Ridge, the recommendation is
to direct this use to take place in agricultural zones. This recommendation aims to meet current and
future needs, address current and future challenges, and minimize the social, economic, and
environmental impacts that this use can have within the community. It should be noted that prior to
bylaw introduction, further legal review will be provided, and the resulting bylaws may be modified
from those suggested in this report.
"Original signed by Diana Hall"
_______________________________________________
Prepared by: Diana Hall
Planner II
"Original signed by Christine Carter"
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
"Original signed by Frank Quinn"
_______________________________________________
Approved by: Frank Quinn, MBA, P. Eng
GM: Public Works & Development Services
"Original signed by J.L. (Jim) Rule"
_______________________________________________
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer