A proposed rezoning that would have allowed a close horticultural greenhouse (pictured) to be redeveloped to produce cannabis was defeated by Medicine Hat city council on Monday night. -- News Photo Collin Gallant, July 7, 2020
cgallant@medicinehatnews.com@CollinGallant
City council rejected a zoning change that would have allowed a former flower greenhouse near the TransCanada Highway to be converted to grow cannabis after there was confusion about how, who and if potential odours could be regulated.
The proposal, which the developer says would have brought 25 jobs to the city, was questioned during a land-use hearing on Monday night.
It was eventually defeated when a majority of councillors questioned the future of the surrounding area during a lengthy hearing and debate.
Also discussed were several variations of a future approval process or potentially tabling the issue.
This spring, Cayla Bio Developments Limited approached the city with their plan to buy and repurpose a horticultural greenhouse on Seventh Street S.W. to produce cannabis.
But the change of use would require a zoning change that was debated for more than an hour on Monday.
Councillors were generally leery about how to ensure standards to control light and ensure odour wouldn’t affect nearby hotels, a mobile home court, other business and municipal property and the Gas City campground.
Two letters were submitted from nearby businesses concerned about how odour mitigation would be enforced.
“It’s pretty hard to ignore that,” said Coun. Robert Dumanowski arguing that council needs to consider the potential end-use when debating first-step land zoning changes.
Coun. Darren Hirsch said he preferred making the land-use change, setting strict rules, then letting the developer decide whether it was feasible to meet them.
“The applicant heard very clearly the thoughts of council (about regulations)… and when the development permit (requirements) comes forward, it will be up to the applicant to decide whether he can do it financially, respecting the neighbours, and if it takes sense,” said Hirsch.
He and fellow member of municipal planning commission, Coun. Brian Varga, voted in favour. At least six other council members voted against the proposed change and Mayor Ted Clugston did not voice his opinion during a roll-call vote.
A zoning change as “cannabis production” fits no existing land use, and a direct council control of the lot was suggested.
The facility is in the vicinity of flight paths of the Medicine Hat Regional Airport and would require screening to prevent light pollution, Kent Snyder the city’s director of planning told council.
As well, servicing to the area would be sufficient if the existing building footprint was converted, but not potential expansion to the entire lot on the 1100 Block of Seventh Street. S.W.
“It’s an opportunity to turn an existing greenhouse into a project that can be profitable within the existing land-use,” said John Zang, for the developer via a teleconference.
“We have experience doing this… There is technology that eliminates all odour, and it’s easier to do in a small greenhouse that moves less air,”
“If I can’t control the odour, Health Canada would shut me down faster than you would,” he said.
However, two formal submissions from nearby business owners were registered with each concerned with the possibility of odour detracting fro their properties.
Ivan Lang of AutoStar said that he wouldn’t oppose the facility if guarantees could be made that nearby businesses wouldn’t be affected. He felt federal regulation of cannabis facilities left little recourse to neighbours.
Coun. Jim Turner agreed, and cited media reports from communities in Eastern Canada where the off-gas of marijuana production had created a nuisance.
Coun. Julie Friesen felt the item should be tabled for two weeks until the developer could investigate the light screening requirements and council could be informed about odour mitigation.
Coun. Darren Hirsch argued that specifics of any development are typically dealt with at the permitting stage and should again in this case, and with a direct control designation, those issues would be dealt with by council.
Complicating the discussion was general process in Medicine Hat to have the municipal planning commission deal with cannabis facilities on direct control land (a process developed for the Aurora Cannabis complex in 2018). That’s at council’s discretion however.
Coun. Phil Turnbull said the project could leave nearby vacant land more difficult to sell, but he was willing to set down standards and let the applicant decide.
“I’d like to protect that land (on Seventh Street) for other uses,” he said.
He later said that his stance had softened with assurances from the developer, but he said the city should “not risk” the health of nearby businesses with lowering standards for new development.
Zahn said his firm was operating successfully in other communities and was in the process of expanding to Foremost, Alta.
He also said converting the existing greenhouse was cheaper than moving it or building new. Those options that wouldn’t fit his business plan.
