Report - Flight Cannabis Company (#101-977 Langford Parkway)

Background

At their Regular Meeting held June 2nd, 2020, Council issued TUP20-0002 to allow a non-medical cannabis retail store, Flight Cannabis, at 101-977 Langford Parkway for a term of three years (to be commenced upon issuance of an Occupancy Permit), subject to numerous conditions. The staff report for this original consideration is attached as Appendix A with additional background information.

At their Regular Meeting held September 20th, 2021, Council re-issued this TUP as well as three other TUPs for non-medical cannabis retail stores at other locations to amend their permitted hours of operation and increase the amount of permitted signage. The TUP expiry term was not extended as part of this application as all locations still had additional time left in their existing terms.

An Occupancy Permit for Flight Cannabis was issued on August 6th, 2020.

Commentary

The owner of Flight Cannabis wishes to renew TUP20-0002 to allow the business to continue at this location for an additional term of three years. This location has been in operation for nearly three years now. Staff not aware of any point of non-compliance with the conditions outlined in the TUP.

Financial Implications

None.

Legal Implications

Pursuant to S. 497 of the Local Government Act, the City may issue a 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 6 years period, they are required to make a new application to Council for a TUP or apply for rezoning.

Options

Option 1
THAT Council renew TUP20-0002 to allow a non-medical cannabis retail store at 101-977 Langford Parkway for an additional term of three years.

OR Option 2
THAT Council take no action with respect to renewing TUP20-0002 to allow the continuation of a non-medical cannabis retail store at 101-977 Langford Parkway.

Submitted By / Concurrence

Submitted by: Kory Elliott, Planning and Land Development Technician

Concurrence:

• Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
• Leah Stohmann, MCIP, RPP, Deputy Director of Planning and Subdivision
• Donna Petrie, Senior Manager of Business Development and Events
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Deputy Director of Corporate Services
• Braden Hutchins, Director of Corporate Services
• Darren Kiedyk, Chief Administrative Officer

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Staff Report to Council (Original report)

Date: May 4, 2020
Department: Planning
Subject: TUP20-0002; Application to allow Flight Cannabis Co. (1163038 BC Ltd.) to operate a Cannabis Retail Store at #101 977 Langford Parkway 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. Flight Cannabis Co. (1163038 BC Ltd.) has become a 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 Flight Cannabis Co. (1163038 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. Flight Cannabis Co. (1163038 BC Ltd.) has expressed interest in opening a retail store to be located at #101 977 Langford Parkway.

Commentary

The proposed location is zoned Comprehensive Development 2 - Hull’s Field (CD2) and is designated as Neighbourhood Center in the Official Community Plan. Liquor Stores and licenced premises pursuant to the Liquor Control and Licencing Act are permitted uses under the CD2 zone which would be the relatively closest permitted use in this zone to the proposed Cannabis Retail Store. The proposed cannabis retail store will be located in the same building around the corner from an existing liquor store. The building is flanked on the east and west by commercial, retail and office buildings with the same zoning. To the north there is light industrial warehouse building which is zoned for general industrial uses. To the south there are residential homes that are screened and separated by a solid fence and a walking trail.

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 #101 977 Langford Parkway is located 1117m from the closest authorized cannabis retail store which is located at #105 & #111 945 Reunion Avenue and approximately 1160m away from the closest school which is Belmont Secondary School. The closest daycare would be Kids & Company Daycare which is located at 965 Langford Parkway and is approximately 232m away. It is 840m away from Langford Lake South east end beach. Westhills YMCA is over 1000m away. The closest land zoned R1 or R2 would be located to the South with the closest property being 135m away. 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 tenant improvement located at #101 977 Langford Parkway 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 (Original report)

1. Whereas:
   A. The non-medicinal use of cannabis and cannabis related products has historically been prohibited by federal law in Canada and, as a result, has historically been prohibited by the City under its Zoning Bylaw No. 300;
   B. On October 17, 2018, the Federal Government legalized the non-medicinal use of cannabis and cannabis products;
   C. The Federal Government and the Provincial Government have developed a regulatory framework for the retail sale of cannabis and cannabis products for non-medicinal use;
   D. The City wishes to authorize the retail sale of cannabis and cannabis products within its boundaries, but recognizes that there are challenges associated with it doing so;
   E. The City issued the Request for Proposals for the Retail Sales of Cannabis and Cannabis Related Products to seek proposals from individuals and organizations interested in undertaking the retail sale of cannabis and cannabis products for non-medicinal use within the City’s boundaries, and required that proposals include details as to how the challenges with the retail sale of cannabis and cannabis products would be addressed;
   F. The City received and reviewed over 30 proposals in response to the Request For Proposals, and identified Flight Cannabis Co. (1163038 BC Ltd.) proposal as one that best addressed the challenges with the retail sale of cannabis and cannabis products; and,
   G. Flight Cannabis Co. (1163038 BC Ltd.) is committed to assisting the City and taking positive steps to address the challenges with the retail sale of cannabis and cannabis products, Subject to an occupancy permit for the tenant improvement to #101 977 Langford Parkway being issued by the City.

That Council:

2. Proceed with consideration of issuing a Temporary Use Permit TUP20-0002 to Flight Cannabis Co. (1163038 BC Ltd.) to operate a Cannabis Retail Store at #101 977 Langford Parkway, subject to the terms and conditions in the Temporary Use Permit. Commencement of the TUP would be subject to an occupancy permit for the tenant improvement to #101 977 Langford Parkway being issued by the City of Langford.

OR

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

Respectfully submitted (Original report)

Submitted by:
Kory Elliott, Planning and Land Development Technician-email approved

Concurrence:

• Matthew Baldwin, MCIP, RPP Director of Planning-email approved
• Chris Aubrey, Fire Chief-email approved
• Lorne Fletcher, Manager of Community Safety and Municipal Enforcement-email approved
• Cory Manton, Manager of Parks and Recreation-email approved
• Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering-email approved
• Leah Stohmann, MCIP, RPP, Deputy Director of Planning-email approved
• Adriana Proton, Manager of Legislative Services-email approved
• Michael Dillabaugh, CPA, CA, Director of Finance-email approved
• Braden Hutchins, Director of Corporate Services-email approved
• Darren Kiedyk, Chief Administrative Officer-email approved

:kle