1. Within 150 m of another cannabis retail store, so as to prevent undue clustering and concentration of such stores in one area;
2. Within any identified publicly owned and or operated community facility performing a public assembly function analogous to a school, such as recreational facilities, community centres, libraries, play grounds and public parks;
ii. the City’s opposition where the site is in an area where a “Retail Use” is not listed as a permitted use in the City’s Zoning By-laws,
iii. that the Province have regard for concerns expressed by health and/or treatment service providers to the AGCO (including operators of shelters, group homes, addiction counselling or other independently managed health service) where the location of a cannabis retail store is within 150m of their establishment,
iv. comments on any other relevant factors of local importance, and
v. that the City’s responses to the AGCO be posted to the City’s website for accountability and transparency.
2. Relationship to Other Applicable Law:
Land Use Planning - The provincial licensing process does not remove the requirements to comply with the City of Windsor’s Zoning By-laws and other municipal planning documents. The definitions within the City of Windsor Official Plan and Zoning By-law are applicable to all retail, including cannabis retail stores.
Retail sale of cannabis from a provincially licensed store will be legal provided that the existing zoning category on the parcel specifies that a “retail store” is a permitted use.
Municipal Building Inspections – While the licensing of the store operation is the responsibility of the AGCO, the Building Code applies to cannabis retail store locations. Therefore, where a building permit is required, the building inspector will undertake responsibilities as required. Fire Code compliance is also mandatory.
3. Consultation and Implementation:
It is recommended that the City Planner be delegated the authority to develop a process and identify the staff and technical resources that may be consulted during the 15 day window for municipal comment.
Comments may only be submitted to the AGCO during the 15 day consultation period.
The technical resources referenced above will include a map that identifies all parcels zoned to permit a “Retail Store”. In addition, the map will identify the location of all: public and private schools; addiction treatment, harm reduction facilities and emergency shelters; municipal parks, and any other sensitive land uses where a separation from a proposed recreational cannabis retail store ought to be identified.
Municipal departments and external agencies that may be consulted during the 15 day window include but are not limited to:
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Consolidated Agenda - Council Meeting June 15, 2020