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Medical Marijuana rezoning proposal now in hands of RDCK board

Bruce Fuhr
By Bruce Fuhr
June 18th, 2013

A proposal by a North Shore couple to change zoning bylaw in order to grow medical marijuana is now in the hands of the Regional District of Central Kootenay Board.

Area F Director Ron Mickel chaired the public hearing Monday evening at the RDCK board meeting room on Lakeside Drive that heard from North Shore couple and neighbours of Upper Parkview road location opposed to the change.

The property is located minutes from Nelson above Johnstone Road which is a few 100 meters from the Big Orange Bridge.

“I think (meeting) went pretty well,” said a spokesperson for the North Shore couple, which did not want their names divulged in the media for fear of reprisal.

“By giving up a lot of the stuff in the Agricultural 4 proposals . . . kennels, sporting arenas, cow farms and whatever, I feel we alleviated a lot of the neighbour’s concerns.”

The North Shore couple has applied to the RDCK to amend the existing Country Residential (R2) zoning at 606 and 621 Upper Parkview Road to Agriculture (A4) for the sole purpose of applying to the federal government to grow medical marijuana under the new proposed Marijuana for Medical Purposes Regulations (MMPR).

The new federal regulations are expected to be released this week.

The property, currently used for residential purposes, contains a small hobby farm and home-based landscaping business. If successful in getting a medical marijuana license, the North Shore couple would upgrade the existing site to MMPR standards.

“The (North Shore couple) have decided to apply for the zoning before they make application for a license because they feel if they’re not going to get the zoning then why go through the MMPR application process,” Area F director Ron Mickel said.

However, opposition was strong at the public hearing with no less than 15 neighbours of the North Shore Couple appearing to voice their respective concerns.

“Security is my big concern,” said neighbour Rocco Mastrobuono. “I know of (medical marijuana grow-op) and it has a hell of a time with security.”

“I live in a quiet neighbourhood right now where I can leave my lawnmower out at night and find it there in the morning,” Mastrobuono added.

Longtime resident Joan Crabtree echoed the concerns of Mastrobuono.

Kelly Robinson, who lives 30 meters from the proposed medical marijuana grow-op, is not happy with the bylaw change.

Robinson said, “this is a two-lot application but the building is going to be on the smaller lot” raising red flags for his family and property values.

Other concerns addressed included water in Sutherland Creek, a possible increase in traffic on the narrow roads, noise from the new medical marijuana business and possible construction of new buildings under FortisBC power lines.

RDCK Senior Planner Meeri Durand told the hearing the regional district is aware of other medical marijuana grow-ops in the area, but all are within agricultural zoning.

“Most of the other operations are on other agricultural land,” Mickel explained when asked about those grow-ops after the meeting. “This is the first that has come to our attention that’s on residential land and requires re-zoning.”

“Do I expect many more?” Mickel adds.

“No I don’t, really,” he answered.

“I think the (MMPR) requirements are so onerous and expensive and it’s going to be so severely regulated that your going to need such a huge facility to make any money.”

The bylaw amendment will be voted on by the board at the July 18, 2013 RDCK meeting.

RDCK directors have the option of tabling the decision, accepting the change or voting against the bylaw proposal.

The two lots in question have been in the family of the North Shore couple since 1950.

During that time the property has been home for a gravel pit, concrete plant, lumber sales, excavating, retail storage and most recently a landscaping business.

“Our application for AG 4 zoning is not only in line with what originally purchased with our land we’re willing to revert to using the R2 Country permitted uses and development regulations with the exception of the home-business space and number of employees,” spokesperson for the North Shore couple said in closing.

“Considering the size of our parcel of land our rezoning request is very reasonable. Allow us to run a business that can continue to provide for our family and good jobs for law-abiding citizens of our community.”

Categories: GeneralHealth

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