THE CORPORATION OF THE TOWN OF CALEDON PUBLIC INFORMATION MEETING MINUTES. Town of Caledon Administrative Centre Council Chamber

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1 THE CORPORATION OF THE TOWN OF CALEDON PUBLIC INFORMATION MEETING MINUTES DATE: Wednesday, February 19, 2014 TIME: PLACE: ATTENDEES: 7:00 p.m. Town of Caledon Administrative Centre Council Chamber Chair: Mayor Morrison Councillor Foley Councillor Thompson Council/Committee Co-ordinator: B. Karrandjas Manager of Development, Ward 3, 4 & 5: C. Blakely Community Development Planner: R. Conard Manager of Development, Ward 1 & 2: R. Hughes Senior Development Planner: B. Ward Deputy Fire Chief: M. Wallace Zoning Administrator: S. Morrison Mayor called the meeting to order at 7:04 p.m. APPLICATION FOR AN OFFICIAL PLAN AMENDMENT AND ZONING BY- LAW AMENDMENT SMARTCENTRES ON BEHALF OF CALLOWAY REIT (BOLTON) INC., 150 MCEWAN DRIVE EAST, BOLTON (FEBRUARY 19, 2014) (WARD 5) (FILE: POPA & RZ 13-10) Ruth Conard, Community Development Planner advised that the purpose of this public meeting is to review an application to permit an additional stand-alone retail store (The Beer Store) on the subject property, in the existing parking lot southeast of the Wal-Mart store, for the lands on the north side of McEwan Drive, east of Highway 50. She noted that the property is known municipally as 150 McEwan Drive East, Bolton, has a total area of approximately 7.8 hectares. Ms. Conard explained that the Applicant wishes to amend the existing commercial (C-429) zoning to increase the maximum gross leasable area and other standards (building area and parking space setbacks). The applicant is seeking to amend the Official Plan to increase the gross leasable floor area permitted within Precinct B of the Bolton Community Shopping Centre Commercial Area. The property is currently zoned Commercial Exception (C-429), Zone Map 1a, Zoning By-law , as amended. The proposed rezoning would amend the C-429 Zone as follows: redefine Shopping Centre to increase the maximum gross leasable area, increase the maximum building area from 27% to 27.5%, increase the maximum gross leasable area for non-department stores from 9,847.4m2 to 10,470 m2, increase total maximum gross leasable area from 37,160m2 to 37,708m2, landscaping area and minimum parking space setbacks, amend Section of the Official Plan to increase the maximum gross leasable area from 37,174 m2 to 37,708 m2. Any change in gross leasable floor area requires an Official Plan Amendment. She provided the surrounding land uses. R. Conard outlined the internal and external comments, notification requirements and appeal procedures for the public. The Chair invited the applicant to comment on the application. APPLICANT/AGENT PRESENTATION Vincci Wilson, SmartCentres on behalf of Calloway REIT (Bolton) Inc. provided an overview of the proposed intensification of an under-utilized parking area within existing shopping centre which requires minor increase in density permissions to permit construction of a Beer Store. In order to permit the proposed use the Official Plan Amendment requires an additional 134 sq.m and Zoning By-Law Amendment requires an additional 148 sq.m. as the location is currently Precinct Area B of Bolton Community Shopping Centre Commercial Area in Town of Caledon Official Plan. The existing use is underutilized surface parking lot for existing retail shopping centre (Walmart, retail, and service) with the proposed use will be a stand-alone retail unit for The Beer Store. The parking ratio provided is 1/18.52sq.m, GLA (2,014 spots) with the ratio required being 1/20sq.m, GLA (1,865 spots). The addition of approximately 140sq.m. of retail space to an existing and thriving commercial shopping centre represents a less than 1% increase in GLA, and would

2 have no impact from a planning or market perspective. The Tenant s current location on Hwy 50 is undersized for the market and they wish to expand and modernize their market presence with the proposed new store enhancing the street edge of McEwan Drive with high quality building façades, keeping in line with the South Bolton Urban Design Guidelines, and Section of the Bolton Community Centre Commercial Area in the Official Plan. Currently, $222K in annual property taxes to the Town of Caledon. Additional $ 2.5M investment in the Town of Caledon. Approximately $157K in Development Charges to be paid. Residents can keep their spending dollars in Bolton and Town of Caledon The Chair asked if there were any members of the public who wished to voice a comment or question. PUBLIC COMMENTS 1. No one came forward. Members of Council asked a number of questions related to the presentation and received responses. WRITTEN COMMENTS 1. None. Council recessed from 7:23 to 7:30 p.m. APPLICATION FOR A ZONING BY-LAW AMENDMENT MEDICAL MARIHUANA PRODUCTION FACILITIES ALL LANDS WITHIN THE TOWN OF CALEDON (FEBRUARY 19, 2014) (WARDS 1 TO 5) (FILE: RZ 13-15) Brandon Ward, Senior Development Planner advised that the purpose of this meeting is to advise the public of this proposed amendment and to receive any comments or questions the public and members of Council may have. Mr. Ward advised that the basis for this proposed amendment is that currently the Federal Government has jurisdiction over the production, distribution and use of medical marihuana; the federal rules and regulations for medical marihuana production are changing; commercial production of medical marihuana is now legally permitted, subject to Federal licensing requirements; the operations of these facilities are subject to new federal regulations administered by Health Canada; Town s role is to evaluate these facilities as any new legal venture looking to locate within the Town and to mitigate possible adverse land use impacts on citizens and communities. Mr. Ward provided background information with regard to former Medical Marihuana Access Regulations (MMAR) which are as follows: under the previous regulations, permitted individuals could produce their own medical marihuana supply, designate another individual to produce it on their behalf, or obtain their supply directly from Health Canada and under these regulations, medical marihuana production has been occurring in facilities ill equipped for such activities and unbeknownst to local authorities. The former MMAR have been problematic as facilities have been unknown to local authorities, health and safety concerns with electrical usage, fire hazards, poor air quality, water damage to structures, etc., production occurring within residential dwellings and there is the potential for diversion to illegal markets. Mr. Ward advised that new Marihuana for Medical Purposes Regulations (MMPR) were developed by Health Canada and came into effect as of June 19, MMPR set out licensing protocol which will permit highly regulated and sophisticated production facilities similar to that for other narcotics used for medical purposes. We are currently in a transition period previous regulations remain in effect and will run concurrently with new MMPR regulations until March 31, As of April 1, 2014, medical marihuana can only be produced by those who are licensed under the new regulations. All licences for production under the old regime will no longer be valid. Mr. Ward reviewed some of the new notification requirements noting that the Applicant must advise local authorities (senior official of police, fire, local government) of their intent to apply for a licence to produce medical marihuana. Contents of the notice are specified in the regulations and include the applicant contact information, proposed activities, site location and anticipated date of application submission. The licensed producer must notify local authorities if they are intending to apply for a licence amendment. A licensed producer must also provide written notification to local

3 authorities within 30 days of a licence issuance, renewal, amendment, suspension, reinstatement or licence revocation. Mr. Ward advised that the Licence Application will consist of the contact information for all senior officials of the proposed facility, signed authorization of the owner of the proposed site, if different from the applicant, details of the physical security measures to be implemented, description of record-keeping procedures, quality assurance report, copies of notices provided to local authorities, floor plans, signed declaration verifying that local authorities have been notified and signed declaration stating that the proposed site is not a dwelling place. Mr. Ward indicated that the permitted activities under a Medical Marihuana Production Licence include possession, production, shipping, and destruction of marihuana, testing and laboratory analysis. The Licence is valid for up to three years. Production cannot occur within a dwelling. Production, packaging, storage, etc. must occur indoors. Storefront or retail distribution is prohibited. Medical marihuana may only be shipped directly to a registered client via secured shipping methods in a discrete and tamper-proof manner. The Licence requires record-keeping for all activities, including documentation of all transactions, inventory, etc. Information must be readily available to be provided to law enforcement officials upon request. A sanitation program is required which outlines procedures for substance handing, equipment and premises cleaning. The Facility must be equipped with an air filtration system to prevent odour and pollen emissions. Medical marihuana may only be destroyed in accordance with a method that complies with all federal, provincial and municipal environmental legislation and does not result in any exposure to smoke. Mr. Ward reviewed the security requirements noting that all individuals responsible for the management of the facility must obtain enhanced security clearances, site perimeter and areas within the site where the substance is present must contain visual monitoring and recording systems as well as an intrusion detection system. Systems must be monitored by personnel at all times. Areas within the site where substance is present must contain physical barriers to prevent unauthorized access. A system must be implemented to restrict access only to authorized individuals. Individuals monitoring the facility must take action in response to a detected incident involving an attempted or actual unauthorized intrusion. Incidents must be documented to include details of occurrence and responding actions. Mr. Ward advised that Marihuana for Medical Purposes Regulations are administered and enforced by Health Canada. However, Licensed producers must also comply with all other applicable federal, provincial and local regulations including municipal by-laws (i.e. Zoning By-law, Fire Code, Building Code). Requirement for prospective applicants to notify local authorities of the intent to submit a licence application provides an opportunity to ensure compliance with local by-laws. The Town s role in this process is: to review these facilities as any new legal venture looking to locate in the Town; and to mitigate possible adverse land use impacts on citizens and communities. Mr. Ward reviewed the content of the proposed Zoning By-law amendment and advised that the proposed definition for Medical Marihuana Production Facility means a building used for growing, producing, testing, destroying, storing or distribution of medical marihuana or cannabis authorized by a licence issued by the federal Minister of Health, pursuant to Section 25 of the Marihuana for Medical Purposes Regulations, SOR/ , under the Controlled Drugs and Substances Act, SC 1996, c 19, as amended. For purposes of clarification, no part of this operation, whether accessory or not, may be located outside. Additional definitions for Cannabis and Medical Marihuana, as per the Controlled Drugs and Substances Act, 1996 are also proposed in the amending Bylaw. The proposed by-law will permit one production facility on a lot zoned Prestige Industrial (MP) or Serviced Industrial (MS). Mr. Ward advised that the proposed by-law amendment consists of some additional zoning requirements for new facilities as follows: Written authorization is to be provided from the landowner consenting to the proposed operation. The Town must be provided with a current copy of a valid licence issued by Health Canada. An agreement with the Town will be required to ensure that the site/facility is remediated to the satisfaction of the Town upon cessation of the production facility use. The facility shall be at least 150 metres (492 ft.) from a lot in an institutional or residential zone category, or from any nursery, school, community centre or training facility aimed at children less than 16 years of age. The minimum separation distance between facilities shall be at least 90 metres (295 ft.). No outdoor signage or advertising shall be permitted. Where a medical marihuana facility is located on a lot, no other use is permitted on said lot. Site Plan Approval shall be required in accordance with the Planning Act for new facilities. Should

4 a facility be proposed in a zone other than the Prestige Industrial or Serviced Industrial Zone categories, an amendment to the Zoning By-law shall be required. Mr. Ward indicated that a Medical Marihuana Production Facility is interpreted as an Industrial Land Use because: Permitted activities within a Federal MMPR production licence include production, storage, packaging, shipping, testing and destruction of medical marihuana; production, packaging and storage must occur indoors only; a ventilation system is required to eliminate odour and pollen emissions; stringent security requirements must be implemented; required distribution to registered clients is to occur only via secured shipping methods in a discrete manner. There are potential demands on electrical and transportation infrastructure and other services. Mr. Ward advised that the Town of Caledon Official Plan Industrial Policies permits uses within Prestige Industrial and General Industrial Designations which include: manufacturing, processing and packaging operations; laboratories; research and development facilities; and offices related to a permitted industrial use, among other uses ( and ). Industrial development within the Town will be focused in Rural Service Centres (Mayfield West, Bolton) and Industrial/Commercial Centres (Tullamore, Sandhill and Victoria) in order to concentrate industrial activities and maximize the use of available sanitary, water and transportation infrastructure ( ). Mr. Ward outlined the internal and external comments, notification requirements and appeal procedures for the public. The Chair asked if there were any members of the public who wished to voice a comment or question. PUBLIC COMMENTS 1. RON WEBB, representative of Cannabis Care Canada Inc. who made an application to Health Canada for a medical marihuana production licence on December 16, Mr. Webb indicated that they are ready to proceed if and when a licence is issued for the property located at Hurontario Street. The building is already located on the property on the east side of Highway 10, south of Highpoint Sideroad. Mr. Webb suggested that with a very rigorous licensing process in place, who is going to enforce the rules on the part of the operator and indicated that the owner/operators need to be reputable. Mr. Webb s client s property is currently zoned A2 which permits a farm, which definition includes growing tobacco, vegetables and other crops and the use proposed does conform to the existing by-law. Mr. Webb requested that Mayor recommend to Council that this site be exempted from the new regulations and work with the proponent on obtaining the necessary licences/permits as the process could take months or even years and with changes to take place April 1 st, time is of the essence. Mr. Webb s two main concerns are firstly the proposed restriction to having these operations only in prestige and service industrial areas (not necessary) and secondly, the process will take too long. 2. CRAIG ROSS, representative of Kings Harvest, who have submitted an application to Health Canada for a licence. Mr. Ross advised that their site is similar to the previous speaker being an agricultural lot with an existing building. Mr. Ross advised that the concerns of distance and privacy by school boards and residents can be addressed by using agricultural land as opposed to commercial. Mr. Ross expressed concern that the changes will prevent small/medium sized business from participating if zoning is amended as proposed, if an A2 designation is already being used than it should remain. Mr. Ross indicated that business will be excessively committed to security, with response procedures in place, separate security levels for each internal area where the product will be stored, good idea to have Town inspecting, upstanding members of community to operate the businesses. 3. HUSHIAR BRAR, HL Green Health Solutions, has a property in an area zoned A2 which he feels should permit the operation of these facilities. Mr. Brar suggested that the Town should not be pushing facilities to Bolton, but should make them available Town-wide and have each application looked at on its own validity. 4. JOHN SGRO, True Living Organics Inc., operates a legal marihuana grow operation located on Bramalea Road between Mayfield and Old Base Line and is currently zoned A3, submitted the required notification to the Town in early July 2013 and an application to Health Canada on July 12, 2013 for a 5000 square

5 foot building on 10 acres. Mr. Sgro advised that he was never notified by the Town of his site s non-conformity with the Zoning By-law and became aware of this as a result of receipt of correspondence from Health Canada in January which required him to attend at the Town to obtain some additional zoning information. Mr. Sgro has spent thousands of dollars to upgrade his building to accommodate the operation, and is currently growing legal marihuana for Health Canada, never had any complaints, and if he has to relocate his site and building, it would be a whole new application to Health Canada. Mr. Sgro indicated that the quality control person is very important and requested the Town treat each application on an individual basis. B. Ward indicated that there are some challenges with notification requirements in the federal regulations, indicating that the regulations require that notice be provided to a Senior Official of a local authority, with no clear point of contact. There is also no absolute requirement to demonstrate that local laws/by-laws are complied with as part of the federal licence application submission, and applicants are only to provide notice to allow for comments. Mr. Sgro thanked staff for assistance and requested Council review each case individually. 5. NICHOLAS KYRIACOPOULOS, MJ Pharmaceuticals, who has applied for a licence, expressed concern about the timing of the rezoning and would like the process sped up. Members of Council asked a number of questions related to the presentation and received responses. 6. CRAIG ROSS, expressed an emphasis regarding the quality assurance requirements of the new regulations which licensed producers must comply with, and noting that the operators will meet guidelines that they are already familiar with and indicated that Naniamo, BC is considering this use to be a form of agriculture. WRITTEN COMMENTS 1. Correspondence from True Living Organics Inc. dated February 19, As no further comments or questions came forward, the meeting adjourned at 8:39 p.m.