Selwyn Township to host public meeting on proposed changes to cannabis regulations

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Proposed changes to how Selwyn Township regulates the production and cultivation of cannabis will be discussed at a public meeting on Aug. 10.

Township council is considering a number of amendments to a zoning bylaw that currently regulates how and under what circumstances marijuana can be grown, cultivated and processed within Selwyn.

The township was forced to rethink its existing regulations earlier this year after a proposed grow-up in Ennismore, located near a residential area, sparked concern from community members.

The would-be cannabis operation, located on Cork Line, stands within 500 metres of about 30 nearby homes. Worries over potential environmental impacts, odour nuisances and water shortages were voiced to council.

Despite the pushback, the proposed site followed the township’s regulations as they currently stand.

Under current regulations set out in the zoning bylaw — amended in early 2020 following the legalization of cannabis — any outdoor cannabis cultivation must be set back 50 metres from a lot line.

But that could soon change.

Under the proposed amendments, a 300-metre minimum separation distance would be required between an outdoor cannabis cultivation site and any “sensitive land” areas, which include residences, daycare centres, schools and health facilities. But the new rules wouldn’t apply to the Cork Line property.

 

The Planning Act rules say municipalities can’t retroactively enforce amended bylaws. That means the future grow-op will be able to operate under the current 50-metre setback rule.

Before the site can begin operating, it must obtain a federal licence from Health Canada. The property owner hasn’t yet completed that application, said Janice Lavalley, the township’s chief administrative officer.

“Unfortunately, the (proposed changes) won’t help the situation at Cork Line,” Deputy Mayor Sherry Senis said.

When council crafted its current regulations in the wake of legalization, Senis said, members did not anticipate the possibility of a grow-op setting up in such proximity to residences.

“We expected that if anyone was going to grow cannabis, they would use a large acreage,” she said. “That’s where the problems have ensued.”

The proposed bylaw changes are meant to avoid a similar clash of land uses in the future. Along with an increase in the minimum distance between outdoor cannabis cultivation sites and sensitive land areas, new regulations related to light pollution, building expansions and marijuana storage are also being proposed.

For instance, operators would be required to direct lighting sources downward to deflect glare away from nearby lots, streets and the night sky.

Additionally, converting or retrofitting existing buildings for cannabis cultivation would be prohibited under the proposed amendments.

Despite nuisance odours being a recurring concern raised by Selwyn residents, the proposed amendments don’t include any provisions specifically related to the mitigation of odours caused by cannabis.

At a council meeting on July 13, Robert Lamarre, manager of building and planning, recommended that council hold off on creating new requirements for odour control, citing a report from Meridian Planning Consultants.

Meridian was hired by Selwyn Township to identify the best practices to mitigate adverse impacts caused by cannabis production and cultivation, including problematic odours.

The firm looked to Pelham, a small town west of Niagara Falls in Niagara Region, for answers. The municipality passed a standalone bylaw to curb nuisance odours after a large grow-op began operating in town — but the legislation is being challenged in court.

“I think we should wait for the outcome of the challenges to the bylaw,” Lamarre told council.

Compared to Pelham, Lamarre said Selwyn is in a “much better” position to address odour concerns, mainly due to the safeguards already present in the zoning bylaw.

Currently, indoor cannabis production or cultivation is only permitted by site-specific amendments to the zoning bylaw and is subject to site plan approval.

That means landowners must support their application with scientifically backed research and data to demonstrate how they will mitigate any adverse effects related to cannabis cultivation, including odour.

“It’s hard to mitigate (the impacts of) cannabis outdoors, but indoors we’ll be in a position to ensure we can scientifically mitigate odour,” Lamarre said.

Next month’s meeting will give community members a chance to voice their opinions on the proposed changes.

Public feedback, along with further input from council, will shape the final draft of the amended zoning bylaw, which is expected to be presented to council in September.

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