Planning, Zoning & Affordable Housing Committee — Supporting Documents

i. That the applicant register a Section 219 Covenant on the property acknowledging that they will not require an encroachment agreement onto City property as a result of receiving a variance to the required building setback from the front property line;

iii. A variance to allow three of the required off-street visitor parking spaces to be located on an adjacent property subject to the following:

i. That the developer register an easement on the adjacent property in favour of the City of Langford, who must give authority for the easement to be discharged, giving visitors to the apartment on the subject property the exclusive use of the parking stalls.

CARRIED.

5. ADJOURNMENT

The Chair adjourned the meeting at 6:32 p.m.

CHAIR

CERTIFIED CORRECT

(Corporate Officer)

Staff Report: TUP19-0004

Date: September 9, 2019
Department: Planning
Subject: TUP19-0004; Application to allow Planet Cannabis (1188770 BC Ltd.) to operate a Cannabis Retail Store at 2317 Millstream Road. by means of a Temporary Use Permit.

Background

Following the Federal Government’s decision to legalize non-medical cannabis, the City of Langford undertook a pilot project where a Request for Proposals (RFP) process was initiated in 2018. This process resulted in a number of cannabis retail applicants being selected to apply to operate non-medical cannabis retail stores within the City of Langford. Rather than change Section 3.02.02(5) of Zoning Bylaw No. 300 to generally allow cannabis retailing, the City determined that a best practice would be by way of issuance of a Temporary Use Permit on a case by case basis. Planet Cannabis (1188770 BC Ltd.) has become the third successful applicant in that process to also obtain the necessary Provincial approvals.

The Liquor and Cannabis Regulation Branch (LCRB) of British Columbia has completed the required financial integrity checks and security screenings for Planet Cannabis (1188770 BC Ltd.) and all persons associated with the applicant.

In order for the Province to issue a Non-Medical Cannabis Retail Store licence (CRS) under the Cannabis Control and Licencing Act, a positive recommendation is required from the local government. Planet Cannabis (1188770 BC Ltd.) has expressed interest in opening a retail store in a purpose built addition to the Liquor Planet located at 2317 Millstream Road.

Commentary

The proposed location is zoned Neighbourhood Mixed Use (C6A) and is designated as Neighbourhood Center within the Mixed Use Employment Centre in the Official Community Plan. Liquor Stores and Licenced neighbourhood public houses are permitted uses under the C6A zone which would be the relatively closest permitted use in this zone to the proposed Cannabis Retail Store. The addition will be located at the east end of the current liquor store and adjacent to an existing Brew Pub. The building is flanked on the west by a business park and a small commercial gas station as well as a few residential lots. To the north there is two multifamily apartment buildings. To the east is predominately residential and to the south there is a brew pub and the remainder is mainly commercial.

As part of the RFP process some guiding principals were considered to aid in determining what would be an acceptable location for this type of retail business within the City and which would allow consideration of issuing a Temporary Use Permit. These guidelines are not steadfast rules but rather guiding principles. In this regard, the retail sale of non-medical cannabis is preferred, but not strictly required, to not be located within:

1. 500 metres of any other location where the retail sale of Cannabis Products for non-medical use has been authorized;
2. 300 metres of any school;
3. 300 metres of any group daycare;
4. 150 metres of Centennial Park, Veterans Memorial Park, City Centre Park, Westhills YMCA, any Regional or Provincial Park, or Langford, Glen, or Florence Lakes; and,
5. 50 metres of any land Zoned R1 (One-family Residential) or R2 (One and Two-Family Residential), except within the designated City Centre.

Each applicant was to provide/demonstrate a detailed description of the Proponent’s proposed business plan for undertaking the retail sale of cannabis products for non-medicinal use within the City’s boundaries. Proposals addressed how they planned to comply with a number of important factors, including the proposed plans for:

• Ensuring that the retail sale of Cannabis Products for non-medicinal use is in compliance with the Regulatory Framework and all applicable City bylaws;
• Providing appropriate security measures associated with the premises from which the retail sale of Cannabis Products for non-medicinal use will occur;
• Minimizing the impact on the neighbourhood of the retail sale of Cannabis Products for non-medicinal use;
• Addressing nuisance issues relating to public use of Cannabis Products for non-medicinal purposes;
• Addressing impairment issues relating to public use of Cannabis Products for non-medicinal purposes; and,
• Providing educational initiatives and materials associated with the above impacts and related social concerns;

These items have also been addressed in the Cannabis Retail Store Terms and Conditions Handbook which outlines the requirements of the Cannabis Control and Licencing Act of British Columbia.

The applicant submitted a proposal in response to the RFP. The applicant’s proposed location at 2317 Millstream Road is located 2009m from the closest authorized cannabis retail store located at 693 Hoffman and approximately 413m away from the closest school which is Millstream Elementary. It is 21180m away from Thetis Lake Regional Park. The closest daycare would be Garderie La Vie Inc. Daycare which is located at located at 2285 Bellamy Road and is approximately 460m away. The closest lake is Florence Lake which is about 2000m away. The closest land zoned R1 or R2 would be adjacent to the east property line. The applicant’s proposal has demonstrated how they plan to address and comply with the factors included in the RFP and compliance to these factors would be a condition of issuance of a Temporary Use Permit.

With Council’s approval a business licence would be issued under a Temporary Use Permit and would be valid for the period of up to three years. The TUP would be subject to an occupancy permit being issued for the addition to the existing building by the City and the three year term would commence on that date.

Financial Implications

As a condition of approval by Council of a Temporary Use Permit, the applicant would be required to enter into an agreement with the City of Langford as security for compliance with commitments in its proposal in response to the RFP and, in particular, its commitments under section 6(c) of the RFP.

Legal Implications

Pursuant to Sec. 497 of the Local Government Act, the City may issue a Commercial Temporary Use Permit (TUP) for a period of up to three years. The Local Government Act also allows a temporary use permit to be extended for a maximum of an additional three years. If the holder of a TUP wishes to conduct the temporary use beyond the six (6) year period, they are required to make a new application to Council for a TUP or apply for a rezoning.

Council does regulate temporary use permits through part 3 of the Zoning Bylaw No. 300 Section 3.27.03(1) and 3.27.04 which gives Council the right to require that the form and character of the building meets the guidelines for commercial properties and has the option to require information pertaining to the property, such as a storm water management plan and /or a parking plan, for example.

Both the Official Community Plan and the General Commercial Development Permit area guide Council regarding decisions about appropriate land use and design for the subject property.

Options

That the Planning, Zoning and Affordable Housing Committee:

1. Direct staff to prepare notices of Council’s intention to consider issuance of a Temporary Use Permit TUP19-0004 Planet Cannabis (1188770 BC Ltd.) for it to operate a Cannabis Retail Store at 2317 Millstream Road, subject to the terms and conditions in the Temporary Use Permit. Commencement of the TUP would be subject to an occupancy permit for the addition to 2317 Millstream Road being issued by the City of Langford.

OR

2. Take no action with respect to the Temporary use Permit at this time.

Respectfully submitted,

Submitted by:
Kory Elliott, Planning and Land Development Technician.

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Chris Aubrey, Fire Chief
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
Cory Manton, Manager of Parks and Recreation
Ivan Leung, Acting Director of Engineering
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Adriana Proton, Manager of Legislative Services
Michael Dillabaugh, CPA, CA, Director of Finance
Braden Hutchins, Director of Corporate Services
Darren Kiedyk, Chief Administrative Officer

Staff Report: TUP19-0006

Date: September 9, 2019
Department: Planning
Application No.: TUP19-0006
Subject: Application to add retail sales of parts and accessories for automobiles, trucks, boats, recreation vehicles, farm machinery and manufactured homes as a temporary use at the property located at Unit 2B #103 977 Langford Parkway.

PURPOSE

Michael Lee of Jim Pattison Developments Ltd. has applied on behalf of Peterbilt Pacific Inc. for a Temporary Use Permit (TUP) to allow the retail sales of parts and accessories for automobiles, trucks, boats, recreation vehicles, farm machinery and manufactured homes at Unit 2B #103 977 Langford Parkway.

BACKGROUND

PREVIOUS APPLICATIONS

In 2006 the subject property was issued a Development Permit (DP06-0026) to construct two buildings, a 5574m2 store and a 2093m2 building with loading bays and 212 parking stalls. In 2013 a Development permit (DP13-0037) was issued to allow modifications to the existing landscaping and parking lot configuration. In 2017 a Development Permit (DP17-0082) was issued to allow interior renovations to split a unit on the building and add a green house to accommodate Buckerfields as a tenant in the smaller building addressed as 975 Langford Parkway.

Table 1: Site Data

Zoning

• Existing: Comprehensive Development-Hull’s Field (CD2)
• Proposed: Comprehensive Development-Hull’s Field (CD2)

OCP Designation

• Existing: Neighbourhood
• Proposed: Neighbourhood

SITE AND SURROUNDING AREA

The subject site is located in the CD2 zone, on Langford Parkway, with the closest intersection being Jacklin Road. It is located in the Hulls Field Business Center which is home to several offices, retail establishments and restaurants as well as a daycare, grocery store, liquor store and gas station. The area is predominantly commercial on the north, east and west sides with a residential area to the south that is separated from the commercial area by a 15m buffer containing a walking path that extends from Jacklin Road to the Westhills Stadium. A dedicated left turn lane is being installed at the far west entry to the site which will assist in the movement of traffic to and from Langford Parkway. The site is located in the 200 Year Flood Plain and the Habitat and Biodiversity development permit areas which were addressed by previously issued development permits. The site is completely developed.

Table 2: Surrounding Land Uses

DEVELOPMENT PERMIT AREAS

The proposed location is within the 200 year Flood Plain and the Habitat and Biodiversity development permit areas. The land has been previously developed and no new construction is currently proposed.

PEDESTRIAN, CYCLING AND MOTORIST NETWORK

Given the location of the subject property, within an established neighbourhood and commercial area that has been previously developed, there are existing bike paths and sidewalks. The parking for the existing buildings were calculated at the time of development and can adequately support the proposed use.

INFRASTRUCTURE

The existing building has been connected to sewers and has established infrastructure.

COMMENTS

COUNCIL POLICY

Council has no specific policies with respect to temporary use permits. Applications for Temporary Commercial Use Permits are considered on their individual merit. However, Council does regulate Temporary Use Permits through Part 3 of Zoning Bylaw No. 300. Sections 3.27.03 and 3.27.04 of the Zoning Bylaw give Council the right to require that the form and character of the building meets the guidelines for commercial properties and allows Council to ask for specific information or reports. This building is existing and the Form & Character will not be altered.

LOCAL GOVERNMENT ACT

Pursuant to Sec. 497 of the Local Government Act, the City may issue a Commercial Temporary Use Permit (TUP) for a period of up to three years. The Local Government Act also allows a temporary use permit to be extended for a maximum of an additional three years. If the holder of a TUP wishes to conduct the temporary use beyond this six year period, they are required to make a new application to Council for a TUP or apply for rezoning.

DEVELOPMENT PROPOSAL

Jim Pattison Developments Ltd has applied for a temporary use permit to allow Peterbilt Pacific Inc. which is a company owned by The Jim Pattison Group, to operate a retail store for the sale of truck parts and accessories on the CD2 zoned property located at unit 2B #103 977 Langford Parkway. The unit is approximately 6,164 square feet with a storefront facing Langford Parkway and has access to a loading dock on the west side of the unit that is shared with Cascadia Liquor. Peterbilt had stated that the initial operating hours are planned to be between 8am and 4:30pm daily with the hopes to extend hours to 8:00pm. They anticipate the customer traffic to be approximately 24 storefront customers a day. They will also be providing deliveries to their customers from the site. The Loading bay would receive up to 3 deliveries per day. Ultimately, Peterbilt plans to open a parts and service store in the City of Langford but has not yet found a suitable location therefore they plan to operate a parts only store to start. Under the current zoning, Comprehensive Development 2-Hull’s Field (CD2), retail sales of parts and accessories for automobiles, trucks, boats, recreational vehicles, farm machinery and manufactured homes is not a permitted use in Parcel “A” in which the subject property lies however it is a permitted use in Parcel B which is directly west of the subject property.

FIRE DEPARTMENT COMMENTS

Depending on the scope of tenant improvement work on the interior of the unit a construction fire safety plan may be required. A fire alarm graphic will be required and the main fire panel and fire annunciator will need to be updated to list correct units and businesses. Sprinklers may need to be upgraded or an Architect may be required to confirm that current fire sprinkler are appropriate for what will be stored in the unit. The fire safety plan will need to be updated.

OPTIONS

Option 1

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

1. Direct staff to prepare notices of Council’s intention to consider issuance of a Temporary Use Permit TUP19-0006 to Jim Pattison Developments Inc. and Peterbilt Pacific Inc. to operate a Truck parts and accessories retail store at unit 2B #137 975 Langford Parkway subject to the terms of the TUP.

OR Option 2

2. Reject this application for temporary use permit.

Respectfully submitted,

Submitted by:
Kory Elliott, Planning & Land Development Technician

Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning
Adriana Proton, Manager of Legislative Services
Chris Aubrey, Fire Chief
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
Cory Manton, Manager of Parks and Recreation
George Henshall, Acting/Director of Engineering
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Michael Dillabaugh, CPA, CA, Director of Finance
Braden Hutchins, Director of Corporate Services
Darren Kiedyk, Chief Administrative Officer

:kle