PONOKA NEWS 17
Wednesday, May 21, 2014
County opens land to the possibility of marijuana operations BY AMELIA NAISMITH
In response to the increasingly popular business ventures of federally licensed medical marijuana operations, Ponoka County council is in the process of amending its land-use bylaw to only allow marijuana production under land zoned as direct control. Planning consultant Bob Riddett walked councillors through their five available options — direct control being the second — in dealing with land rezoning applications related to medical marijuana production, and direct control seemed the most suitable to councillors. “Basically what happens is, if you zone a piece of land direct control, any development permit application comes to council for decision. You make a decision using whatever criteria you feel is reasonable. There’s no appeal or anything,” said Riddett. Coun. Mark Matejka looked to make sure that neighbours would get to respond to proposed, incoming operations. “Oh yes. It’ll be advertised like any other land-use bylaw change,” answered Riddett. “If we specify direct control, then an applicant comes in, he’s informed by us immediately that look, ‘you have to have this land zoned appropriately’ . . . that triggers, automatically, a proposed bylaw to council and a public hearing to pass said bylaw,” county CAO Charlie Cutforth added.
Changes and additions made to the land use bylaw • Agriculture definitions remain the same with the exclusion of marijuana production. • Extensive agriculture definitions remain the same with the exclusion of marijuana production. • Home business definitions remain the same with the exclusion of marijuana production. • Intensive agricultural operations definitions remain the same with the exclusion of marijuana production. • Market gardening definitions remain the same with the exclusion of marijuana production. • A new section was added to the bylaw, stating: “Marijuana may be produced, processed and packaged only on land classified as direct control, and where the operator has the required permit from the Government of Canada.”
Other options
BY AMELIA NAISMITH sion gets made,” said Cutforth. hawks, deer and coyotes depend on the Riddett told council their fourth option is to allow trees. A piece of land brought before marijuana operations to fall under intensive operations. For the rest of the land a healthy, “Once again, that would open up about 95 per cent of Ponoka County council for rezoning 100-foot well is in use and the land has was given the go-ahead, as the land working services. the county to this.” “There is a fifth option, which I don’t recommend owner expressed his fervor for protectMickalson’s neighbor to the east you even consider,” Riddett told councillors. It is to ing the large amount of trees growing also attended the public hearing out of completely ban the operations from setting up shop there. concern for the trees’ safety. He felt, within the county. The 80-acre parcel is being rezoned with so many acreages and subdivisions “There is some legal problems with that,” he added. from agricultural to country residential popping up in the area that the trees “You could have a charter (rights) challenge if you hobby farm with the intent to subdivide were at risk of being taken down. say you can’t do this in Ponoka County,” said Reeve three parcels and create a watershed County CAO Charlie says the better Paul McLauchlin. protection for one of them. way to protect the tree cover is through McLauchlin also wanted to know if there was any “The primary purpose for the rezon- subdivisions because developers and charter jurisdiction on the non-appealable processes ing is to protect the trees . . . It’s a pretty landowners can put an environmental that would come with direct control. important wildlife habitat,” said land- easement on the area. However, if the “You can appeal the process that council used. You owner David Mickalson. “It’s a pretty trees are left to agricultural land, it is the can say ‘did the fellow get a fair hearing, was there any important piece.” farmers’ right to clear them at any time bias on council?’ . . . Even then the courts won’t say ‘no, He informed council that owls, they want. you must allow this landuse bylaw change’ or ‘you Deb Stevens must issue a development Associate Broker Bob Tiltgen permit.’ What they’ll do is real estate central alberta real estate central alberta 403-704-0644 6000 - 48 Ave., Ponoka 403-704-3152 they’ll say the whole hearWhether Buying or Selling… I’m here to help! ing process was flawed, NEW ON THE MARKET go back and do it again,” GREAT OPPORTUNITIES THIS WEEK Riddett explained. “Out of the four SENIOR LIVING GORGEOUS & INVITING things I’ve suggested my - 1,084 sq ft - Here is the Leader in Affordable Value! preference is to go to di- Beautiful Bi-level, 5 bdrms & 3 baths - Open Floor Plan rect control. You would - Tiled Entry w 14 ft Vaulted Ceiling - Front and Back Patios change the land-use by- Gourmet, Upscale Kitchen w Island - Main Floor Laundry Granite throughout; Brazilian Cherry law to make it very clear - Full Basement Hardwood marijuana production is - Attached Single Garage - Gorgeous Master w Ensuite & Walk-In - Exceptional Condition not (going) to be an ag- 2-tiered deck; Manicured yard! - Hot Tub in Private outdoor room, Roll ricultural operation or an up Awning plus clear roof intensive agricultural op- Cobble stone Fire Pit area; Trees & Shrubs eration . . . And that it can only be allowed in a direct Call Bob for more details control setting,” said RidCall Deb! THIS RARE FIND IS A GREAT OPPORTUNITY! dett. The option to go with direct control only reached the first reading to allow for the next step 5118 - 50th Street, Ponoka 1-800-392-8658 council feels it needs to take: a public hearing, the BARE LOT date is yet to be set.
Cutforth had Riddett first research Rocky View County and Mountain View County’s systems to get an idea of what can be done. He found those counties restrict the operations to industrial areas. “Ponoka (County) doesn’t have that,” said Riddett. With no industrial subdivisions — unlike the Rocky View real estate central alberta and Mountain View — in Bob Tiltgen Whether Buying or Selling… Jane Wierzba the county, this course 403-358-8770 403-704-0644 We’re here to help! of action would have restricted the operations to OPEN HOUSE six small areas. - Just move in! “I’m not sure this is a - Brand new 1412 sq ft good solution for Ponoka, bungalow - 3 bdrms & 2 baths not having the industrial - Beautiful open kit w subdivisions,” said RidIsland dett. - Upgraded flooring & tile work - Master bdrm w/3pc onsuite The third solution & walk in closet presented was to make the - Main floor laundry operations discretionary - Attached double garage under agricultural dis- Large lot - Grass will be seeded tricts. This would make - Located amongst upscale homes more than 90 per cent of in a progressive subdivision the county potentially open to medical marijuana operations. However, because the land-use bylaw would label it discretionary, the operation would have been able to be appealed by neighboring landowners and set before an appeal board for the final decision. “With discretionary use, when an application EXCITING OPPORTUNITIES AT comes forward . . . AutoPANARAMA RIDGE! matically the neighbours are notified before a deci-
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