R. Brown, Manager of Planning Services
i) Notice of Public Meeting (Supplemental): Zoning By-law Amendment, dated June 19, 2018;
ii) Supplementary Report of R. Brown, dated June 27, 2018;
iii) Proposed By-law 63-2018, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville
iv) Original Report of R. Brown, dated May 11, 2018.
Mr. Brown presented the Supplementary Report and fielded questions from Members of Council.
Comments from the audience:
Dorothy Johnson, 710 Road 3 East--Ms. Johnson commented that she and her husband agree that medical marihuana is a good thing, however, she is concerned about an "over-concentration of greenhouses". She stated in her area alone she counts approximately 50 greenhouse operations within a radius of 5 miles. She indicated concerns regarding odour, traffic, security, lighting, etc. and additional concerns with respect to the legalization of recreational marihuana that will also be coming into play. She asked if Council has a plan as to how many MMPFs will be allowed, and asked Council to consider that the decisions made will affect Kingsville for future generations.
Keith Johnson, 710 Road 3 East, mentioned that he viewed the "No smoking" poster in the municipal entranceway and asked how enforcement in regard to the marihuana legislation will be handled. He asked how the Town can differentiate between those purchasing illegally or legally. He stated that a plan needs to be in place to accommodate medical marihuana, but also asked Council to be vigilant so that quality of life remains for future generations.
Fred Driedger, 930 Road 4 East, commented that he and his resident group who are researching this matter are not speaking against greenhouses, nor are they speaking against marihuana greenhouses. He emphasized that the "no perceptible odour" standard does not mean getting close to no odour, but rather the target standard is "no odour".
He made several comments in regard to the MMPFs: he has learned that are outside investors interested in establishing MMPFs in this area; that enforcement is an important consideration (through performance bonds, letters of credit, etc.) to give incentive to do it right the first time; and, finally, education and fact-finding, suggesting that Council and/or staff, at time of site plan review, actually ask "where does it work?" and then send staff to that regional area with a successful odour plan to investigate.
Gary Atkinson, 1573 County Rd. 34 East, stated that he is not against greenhouse marihuana but he would like to see a larger setback requirement. Mr. Brown explained how the Town established the 100 m (328 ft. setback) as set out in the initial planning report and explained the odour control system requirements which will be dealt with as part of the site plan approval process.
Comments from the Applicant's agent:
Solicitor Josh Cheifetz, representing the Applicant, explained that the vent installations will be different installations, through new roof design and construction. He stated that the intent is for no perceptible odour at the property line for this part 1 application. Mr. Cheifetz also inquired whether, having in mind there will be no odour at the property line, setback minimum can be reduced?
Comments from the audience:
Rudy Mastronardi, 1156 Road 3 East, (Rico Roots Plant Farm Inc.) stated that Rico Roots' MMPF application was pre-approved in March and a by-law amendment in that regard is being discussed this evening (Item E-4; ZBA/18/18). He expressed that he appreciates the residents' stated concerns about the odour, and added that he wished to take this opportunity to comment on another issue that is somewhat related. He informed Council that upon learning a few years ago that his child was extremely sensitive to exposure to pesticides and herbicides, he installed odour control carbon filters in his home to take chemicals out of his home. At the time, his home was situated adjacent to outdoor agricultural fields. He has since moved into an urban area in Kingsville, and as people still spray their lawns in Town, he asks for a 'courtesy call' when herbicide or pesticide spraying is planned nearby. He then shuts off his home's air exchange before the spraying occurs.
He commented that he feels that decisions made here should set a precedent for what is done on farms and on residential properties; that marihuana odour is an inconvenience, but that he feels the more important issue is the use of pesticides and herbicides, particularly to children and those individuals who may have a sensitivity to such chemicals.
Joanne Winger of Cottam requested that larger setback requirements (more than 100 m.) should be put in place for schools (so that children's playgrounds and other school areas are not impacted).