Item - 2014.PG31.1

Tracking Status

PG31.1 - Zoning Changes for Medical Marihuana Production Facilities - Final Report

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on April 1, 2 and 3, 2014, adopted the following:

 

1.         City Council amend City of Toronto Zoning By-law No. 569-2013; former City of Toronto By-law 438-86; former City of North York By-law 7625; former City of Scarborough Employment District By-law 24982; former City of York By-law 1-83; former Borough of East York By-laws 6752 and 1916 and former City of Etobicoke Zoning Code, substantially in accordance with the draft Zoning By-law amendments included in Attachments 1 through 8 to the report (December 10, 2013) from the Chief Planner and Executive Director, City Planning.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

 

3.         City Council request the appropriate staff to review the implementation of the By-law after one year and to report to the Planning and Growth Management Committee in the first quarter of 2015.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Committee)

(December 10, 2013) Report and Attachments 1-8 from the Chief Planner and Executive Director, City Planning on Zoning Changes for Medical Marihuana Production Facilities - Final Report
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66370.pdf
Notice of Public Meeting to be Held by the Planning and Growth Management Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66369.pdf
Presentation from Director of Community Planning, City Planning on Zoning Changes for Medical Marihuana Production Facilities
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-67257.pdf

Communications (Committee)

(December 23, 2013) Letter from Ron Marzel, Marzel Law (PG.Main.PG31.1.1)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-44999.pdf
(January 10, 2014) E-mail from Belinda and Bob Gurr (PG.Main.PG31.1.2)

Communications (City Council)

(March 26, 2014) Letter from Peter A. Gross, Wood Bull LLP, Barristers and Solicitors (CC.Supp.PG31.1.3)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-46248.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Apr-02-2014 2:18 PM

Result: Carried Majority Required - PG31.1 - Adopt the item
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Josh Colle, Vincent Crisanti, John Filion, Doug Ford, Peter Milczyn, Anthony Perruzza, Jaye Robinson, Adam Vaughan

1a - Zoning Changes for Medical Marihuana Production Facilities - Supplementary Report

Background Information (Committee)
(January 29, 2014) Report from the Chief Planner and Executive Director, City Planning Division on the Zoning Changes for Medical Marihuana Production Facilities - Supplementary Report
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66991.pdf

PG31.1 - Zoning Changes for Medical Marihuana Production Facilities - Final Report

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council amend City of Toronto Zoning By-law No. 569-2013; former City of Toronto By-law 438-86; former City of North York By-law 7625; former City of Scarborough Employment District By-law 24982; former City of York By-law 1-83; former Borough of East York By-laws 6752 and 1916 and former City of Etobicoke Zoning Code, substantially in accordance with the draft zoning by-law amendments included in Attachments 1 through 8 to the report (December 10, 2013) from the Chief Planner and Executive Director, City Planning.

 

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

 

3.         City Council request appropriate staff to review the implementation of the by-law after one year, and report to the Planning and Growth Management Committee in the first quarter of 2015.

Decision Advice and Other Information

The Planning and Growth Management Committee commenced a statutory public meeting on January 13, 2014, and continued the public meeting on February 27, 2014, and notice was given in accordance with the Planning Act.

 

The Director, Community Planning, City Planning, gave a presentation to the Planning and Growth Management Committee.

Origin

(December 10, 2013) Report from the Chief Planner and Executive Director, City Planning

Summary

This report is about comments on the proposed Medical Marihuana Production Facility zoning regulations received at a community consultation open house held November 28, 2013 and to bring forward to a public meeting draft zoning by-law amendments to all general zoning by-laws with industrial zones, to permit a Medical Marihuana Production Facility (MMFP).

Background Information

(December 10, 2013) Report and Attachments 1-8 from the Chief Planner and Executive Director, City Planning on Zoning Changes for Medical Marihuana Production Facilities - Final Report
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66370.pdf
Notice of Public Meeting to be Held by the Planning and Growth Management Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66369.pdf
Presentation from Director of Community Planning, City Planning on Zoning Changes for Medical Marihuana Production Facilities
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-67257.pdf

Communications

(December 23, 2013) Letter from Ron Marzel, Marzel Law (PG.Main.PG31.1.1)
https://www.toronto.ca/legdocs/mmis/2014/pg/comm/communicationfile-44999.pdf
(January 10, 2014) E-mail from Belinda and Bob Gurr (PG.Main.PG31.1.2)

Speakers

(February 27, 2014) Umar Syed
(February 27, 2014) Ron Marzel
(February 27, 2014) Rade Kovacevic, MedCannAccess
(January 13, 2014) Umar Syed
(January 13, 2014) Ron Marzel
(January 13, 2014) Rade Kovacevic, MedCannAccess
(January 13, 2014) Kyle Rainbow, Agent, on behalf of Herbal Medix Inc.

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Carried)

That City Council request appropriate staff to review the implementation of the by-law after one year, and report to the Planning and Growth Management Committee in the first quarter of 2015.


2 - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Lost)

That Medical Marihuana distribution facilities be permitted in all commercial zoned areas in the City.


3 - Motion to Amend Item (Additional) moved by Councillor Adam Vaughan (Lost)

That staff submit a zoning by-law which would enact the proposal that all pharmaceutical manufacturers, warehouses, distribution facilities and commercial dispensaries be regulated under the same guidelines as marihuana.


4 - Motion to Adopt Item as Amended moved by Councillor Peter Milczyn (Carried)

1a - Zoning Changes for Medical Marihuana Production Facilities - Supplementary Report

Origin
(January 29, 2014) Report from the Chief Planner and Executive Director, City Planning Division
Summary

On January 13, 2014, the Planning and Growth Management Committee adjourned its public meeting on Item PG 30.1, Zoning Changes for Medical Marihuana Production Facilities – Final Report, to the February 27, 2014 meeting with a request that the Chief Planner and Executive Director, City Planning report on a way to treat Medical Marihuana distribution facilities as a regular pharmacy.

 

The zoning amendment recommends where to permit a medical marihuana production facility within the City of Toronto and at the same time recognize and remain consistent with the federal regulation. The medical marihuana production facility, as defined by the federal regulation, includes producing, processing and distributing medical marihuana. These activities are considered industrial in nature within the context of the zoning by-law. In terms of distribution, the medical marihuana must be securely delivered to the address of the registered client, even if the production and distribution components were separated. There is no personal pick-up permission. This makes the option of operating like a pharmacy impossible. A facility focused solely on distribution must still operate in the same secure fashion as a production facility. A facility with no public access would be inappropriate as a commercial use in the City's CR zones as it would not contribute to the street vibrancy envisioned by the OP for mixed-use areas. For this reason, CR zones permit a mix of both residential and commercial uses in the same building. The federal regulation prohibits a medical marihuana facility in a dwelling place, making a mixed use building impossible in CR zones.

Background Information
(January 29, 2014) Report from the Chief Planner and Executive Director, City Planning Division on the Zoning Changes for Medical Marihuana Production Facilities - Supplementary Report
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-66991.pdf
Source: Toronto City Clerk at www.toronto.ca/council