After a sparsely attended public hearing, Sechelt councillors have put a cannabis zoning bylaw on hold while they wait for more information from planning staff on adding a “notwithstanding clause.”
The bylaw passed first reading in April and amends the old bylaw on medical marijuana production to update the language to match new federal and provincial laws on non-medical cannabis as well as council’s recently adopted policy on cannabis retail.
The only two speakers at the May 15 public hearing did not say whether they supported the bylaw or not, they just had questions.
It was Coun. Tom Lamb, who has recused himself from debate on the bylaw because of a potential conflict but attended the public hearing, who spotted the inconsistency that eventually led to the bylaw being sent back to staff.
Lamb asked why the maps showing the 150-metre buffer zones around schools did not seem to include the Phoenix Alternative School building on Inlet Avenue.
When the bylaw came up for second and third readings at the council meeting that followed the public hearing, Coun. Alton Toth picked up on the question.
Director of planning Tracy Corbett said staff were uncertain about the site’s status as a School District No. 46 property – the bylaw specifies “elementary and secondary schools.”
“If we took 150 metres from [the Phoenix building] it would eliminate pretty much all of [the retail locations downtown],” Corbett told council.
“In my mind that is 100 per cent a school,” said Coun. Matt McLean. “And that presents us with a challenge with the bylaw as written.”
McLean proposed changes to the wording around the 150-metre buffer to protect the area immediately around the Phoenix building, while not barring any of the current downtown retail locations.
Corbett said the bylaw could be changed to add a “notwithstanding clause” that would set out a unique buffer zone specific to the alternative school site.
Council voted to refer the bylaw to staff to explore that option. It’s uncertain whether adding the clause would trigger a new public hearing.
Councillors did not propose any other amendments to the bylaw.
“Given the very low turnout we had at our public hearing, there doesn’t seem to be concern in the community about what we’re doing,” Mayor Darnelda Siegers said. “So I’m perfectly OK with what’s been drafted and brought forward.”
