THE CORPORATION OF THE CITY OF NELSON

REQUEST TO APPEAR AS A DELEGATION

DATE: May 28, 2018 Committee of the Whole
TOPIC: Recreational Cannabis- proposed Zoning Amendment Bylaw
PROPOSAL: Receive proposed Zoning Amendment Bylaw for information
PROPOSED BY: Staff

ANALYSIS SUMMARY:
Development Services is seeking Council direction for the proposed Zoning Amendment
Bylaw for the sale of recreation cannabis, regarding a cap, separation distances, and
store sizes.

BACKGROUND:
The recreational sale and consumption of cannabis will be legalized late summer 2018.
The City of Nelson is preparing for cannabis legalization by proposing a land use
framework that permits a maximum of five cannabis stores by area and requires
separation distances from sensitive areas. The proposed Zoning Amendment Bylaw will
ensure that the City of Nelson is ready to accommodate Cannabis Retail Stores once
legalization takes effect while managing the proximity of stores to places that children
and youth frequent.

Open House
An open house was held on May 1, 2018, to inform the public of the survey results and
present regulation options. Approximately 40 people attended with 35 filling out a
comment card, choosing options, and providing additional comments. The highest
number of responses supported 150m separation distance between cannabis stores
and schools, youth facilities, parks and playgrounds with no separation distances
between cannabis stores. This option also stipulated an overall cap of 5 stores, by area.
The results of the open house input have been reviewed in the context of the survey
results, stakeholder letters submitted, interviews with other Cities as well as feedback
from Council and Advisory Planning Commission.

Proposed Zoning Amendment Bylaw

The proposed amendment builds on the information collected in the engagement and
includes additional regulations to guide the development of Cannabis Retail Stores.

 Cap of five stores by area

Both businesses and the general public were very clear that there should be a
maximum number of retailers allowed (1331 responses or 75%). Overall, the
results suggested a maximum of five Cannabis Retail Stores by area. Using the
data from the survey, residents thought there should be two store’s Downtown,
one store along Nelson Ave/ Highway 3a, one store in the industrial area/
Lakeside Drive, and one store in Railtown. 46% of responses thought there
should be no stores in the Chahko-Mika Mall. The mall also happens to fall within
the 150m separation distance from youth facilities and parks. Staff are proposing
 an overall cap of five stores by area as per Schedule C.

 Separation Distances
The majority of the survey respondents chose between 500m, to 300m
separation distances from schools, parks, and youth facilities, however, given
Nelson’s small commercial area would result in zero to three Cannabis Retail
Stores. Using a 150m separation distance from these sensitive areas still
provides a buffer but works within Nelson’s compact commercial districts. The
separation distance is based on insights from other jurisdictions and aligns with
the public engagement feedback on the number of retail stores.

Staff are proposing that no separation distances be listed in the Zoning Bylaw
conditions of use section. Instead, an applicant will need to refer to the Schedule
C map attached to the Zoning Bylaw, to see if a location is in the permitted area.
This will reduce confusion and potential conflict whether or not a building or site
is a viable location.

To accommodate a maximum of five Cannabis Retail Stores, and provide

flexibility in location options, staff are generally proposing a 150m separation
distance from schools (kindergarten to grade twelve), parks, the Nelson and
District Community Complex (NDCC), Nelson and District Youth Centre (NDYC),
and the Nelson Civic Centre. However, there are some instances where the
separation distance can be reduced based on site-specific considerations. Staff
are recommending that the following areas have a reduced setback:

a. Industrial Area/ Lakeside Drive

The current separation distance from the ‘dog walk’ limits most of the
Lakeside Drive. However, the ‘dog walk’ is separated by the Airport and a
busy road that does not have any sidewalks or direct connection to the park.
Staff are proposing to reduce the 150m setback from the park to 74m.

b. Baker Street & Victoria Street -Downtown

Staff are proposing to reduce the separation distance from IODE park, as the
crow flies, from 150m to 114m. The rationale is that if a person were to walk
from the IODE Park through Herridge Lane, or along Baker Street the
distance to the edge of Josephine Street would be more than 150m, if using
the crosswalk.

c. Front Street
Currently, all of Front Street is in the proposed 150m separation distance from
the NDCC and the NDYC. However, staff are proposing that the north side of
Front Street between Ward Street and Hall Street be reduced from 150m to
75m as the crow flies. The rationale for the reduced setback is that if a person
were to walk from the NDYC, or the NDCC the shortest distance to the north
portion of Front Street would be 145m. Further, the north side of Front Street
is divided by the highway, and there is no crosswalk at Front and Josephine.
To cross the street an individual would need to walk to Hall and Front Street,
 or Vernon and Ward Street from the NDCC or the NDYC.
d. Nelson Ave
705 Nelson Ave (vacant lot which was a previous gas station) is currently in
the proposed 150m separation distance from the Lakeside Park soccer fields.
However, this parcel is separated from the soccer fields by the train tracks
and steep terrain. As such, staff are proposing to reduce the separation
distance from 150m to 125m.

 Separation distances between Cannabis Retail Stores

At the open house, the highest number of responses supported 150m separation
distance between cannabis stores and schools, youth facilities, parks and
playgrounds with no separation distances between cannabis stores. As Cannabis
Retail Stores will be spread out across Nelson the potential negative impacts of
clustering will not be an issue. Therefore, staff are proposing no separation
distance between retail locations.

 Size Restrictions
A maximum gross floor area and a maximum building frontage are both proposed
to limit the size of a Cannabis Retail Store. This is to ensure that Nelson retains
its fine grain retail and pedestrian-friendly environment. The size restrictions are
based on insights from other jurisdictions including proposed recreational
cannabis bylaws from Cochrane, and Calgary.

o The length of an exterior store front containing an individual Cannabis

Retail Store on the floor closest to grade shall be a maximum of 16.0 m
o A Cannabis Retail Store shall have a maximum gross floor area of 500 m 2.

Disturbances affecting other properties

This section has been moved from the home occupation section to the general
regulation section. This will ensure that every property owner cannot omit odorous,
heat, recurring ground vibration, or noise levels exceeding 65 decibels measured over a
one (1) hour period.

Advisory Planning Commission (APC) Comments

Overall APC felt comfortable with a cap of five stores and are in support of reducing
separation distances from sensitive areas, based on the site-specific considerations as
noted above. Some members expressed concerns about including 301 Anderson
Street as a potential Cannabis Retail Store location, as youth pass by on their way to
LVR High School.

APC recommends approval of the Zoning Amendment Bylaw and that Staff and Council
review the recreational cannabis regulations twelve months after legalization.

BENEFITS, DISADVANTAGES AND NEGATIVE IMPACTS:

Allowing cannabis stores in a range of commercial zones will provide opportunities for
cannabis stores throughout Nelson. Having a site-specific approach to separation
distances, and a cap of five stores, will address concerns about youth access to
cannabis and the negative perceptions of clustering cannabis stores beside each other,
while still ensuring cannabis stores are accessible to adults.
LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES:
Adapting to cannabis legalization will be ongoing, and new legislation may be
introduced in coming years. The proposed amendments to Zoning Bylaw are a key step
in preparing for cannabis legalization, but more work and potential future amendments
may be required.

The Zoning Amendment Bylaw is required to meet Provincial legislative requirements.

Staff will be bringing forward a Zoning Bylaw Amendments prior to legalization.

COSTS AND BUDGET IMPACT - REVENUE GENERATION:

No impact.

IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES:

No impact.

COMMUNICATION:
The framework for the proposed Zoning Amendment Bylaw was presented at the May
1st, 2018 open house. The application was circulated to City Staff. No concerns were
noted.

ATTACHMENTS:
None

RECOMMENDATION:

That Council direct staff to incorporate the proposed regulations as contained in

this report in the Zoning Bylaw.

AUTHOR: REVIEWED BY:

___________________________ ____________________________
SENIOR PLANNER CITY MANAGER