Staff Report: TUP25-0004 — Application for a Temporary Use Permit to allow a Non-medical Cannabis Retail Store (#101 - 945 Reunion Avenue)

EXECUTIVE SUMMARY

Aaron Hagell of The Original Farm Langford Ltd. has applied for a new Temporary Use Permit (TUP) to continue operating a non-medical cannabis retail store at Unit #101–945 Reunion Avenue (Belmont Market). This application follows the expiration timeline of the previously granted TUP19-0002 and its one-time extension, which is set to conclude on February 6, 2026.

The current application seeks to maintain operations at the existing location. The site meets the City’s preferred siting criteria for cannabis retail, including appropriate distance from schools, parks, and residential zones. While the proximity to the nearest daycare does not meet the preferred siting criteria, this was not considered a concern given its location within a commercial shopping center that hosts numerous businesses. The Original Farm Langford has demonstrated ongoing adherence to regulatory standards, including security, public safety, and community impact mitigation.

Given the applicant’s proven record of compliance with all relevant bylaws, and the strategic location of the store, the application for a new TUP is consistent with the City’s approach to managing cannabis retail through controlled case-by-case approvals.

PREVIOUS APPLICATIONS

• In 2019, the City received a Temporary Use Permit application (TUP19-0002) for the operation of a non-medical cannabis retail store. The permit was issued on May 6, 2019, authorizing the use for a period of up to three years.
• A subsequent Temporary Use Permit (TUP21-0004) was issued in August 2021 to amend the operating hours and increase the permitted signage.
• In 2023, The Original Farm Langford Ltd. was granted an extension to TUP19-0002, allowing continued operation at Unit #101–945 Reunion Avenue (Belmont Market) for an additional three years. This extension is set to expire on February 6, 2026.

BACKGROUND

Following the federal government's decision to legalize non-medical cannabis, the City of Langford launched a pilot project in 2018, initiating a Request for Proposals (RFP) process. This process led to the selection of several applicants to operate non-medical cannabis retail stores within the City.

Section 3.02.02(5) of Zoning Bylaw No. 300 prohibits the retail sale of non-medical cannabis in Langford. Rather than amending this Section to broadly permit cannabis retailing, the City determined that the preferred approach would be to issue a limited number of Temporary Use Permits (TUPs) on a case-by-case basis. The Original Farm Langford was a successful applicant in this process and has received the necessary provincial approvals. They were issued Temporary Use Permit TUP19-0002, which was valid for a three-year term.

Upon the Permit’s expiration, The Original Farm Langford applied for and was granted a one-time extension for an additional three years. As noted, this extension is set to expire on February 6, 2026. In accordance with the Local Government Act, only one extension of a Temporary Use Permit is permitted. As a result, The Original Farm Langford must now apply for a new TUP to continue operating at their current location.

The Liquor and Cannabis Regulation Branch of British Columbia (LCRB) completed the required financial integrity checks and security screenings for The Original Farm Langford Ltd. and all individuals associated with the original TUP application.

To issue a Non-Medical Cannabis Retail Store (CRS) licence under the Cannabis Control and Licensing Act, the Province requires a positive recommendation from the local government. This recommendation was provided by the City of Langford for The Original Farm Langford Ltd. under TUP19-0002.

COMMENTARY

The location is currently zoned Belmont Market and Residences (C10) and is designated as Urban Centre in the Official Community Plan. Premises licensed under the Liquor Control and Licensing Act are a permitted use within the C10 zone, which is the closest comparable permitted use to the cannabis retail store.

The location is a multi use building with commercial space on the main floor and living units on the upper floor. The building is flanked on the west by a building of the same type and configuration and there are commercial buildings to the north and east. To the south there is a residential condominium development. With the exception of the residential buildings to the south, these buildings are all within the Belmont Market Development, and all the buildings are zoned C10. The site offers ample parking, with access available from Reunion Avenue, Jacklin Road and Kelly Road.

As part of the original RFP process, several guiding principles were established to help determine acceptable locations for non-medical cannabis retail stores and to inform the issuance of Temporary Use Permits. The preferred siting criteria specifies that cannabis retail stores should not be located within:

1. 500 metres of another authorized non-medical cannabis retail location;
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.

Applicants were required to submit a detailed business plan outlining how they intended to undertake the retail sale of non-medical cannabis within the City. Proposals were expected to address compliance with several key factors, including:

• Adherence to the regulatory framework and all applicable City bylaws;
• Implementation of appropriate security measures for the premises;
• Minimization of neighbourhood impacts;
• Management of public nuisance issues related to cannabis use;
• Mitigation of public impairment concerns; and
• Provision of educational initiatives and materials addressing the above impacts and related social concerns.

These requirements are also outlined in the Cannabis Retail Store Terms and Conditions handbook, which reflects the provisions of the Cannabis Control and Licensing Act of British Columbia.

The Original Farm Langford submitted a proposal in response to the RFP. Their location at Unit #101–945 Reunion Avenue (Belmont Market) is approximately:

• 1800 metres from the closest authorized non-medical cannabis retail location;
• 2200 metres from Belmont Secondary School (the nearest school);
• 159 metres from the nearest daycare (3030 Merchant Way, Unit #103);
• 1500 metres from City Centre Park and 718 metres from Glen Lake; and
• 240 metres from the closest land zoned R1 or R2.

The applicant’s original proposal demonstrated how they would meet all the criteria outlined in the RFP. Compliance with these criteria was a condition of the original Temporary Use Permit (TUP19-0002).

Following Council’s approval of TUP19-0002, a Business Licence was issued under the Permit and remains valid.

FINANCIAL IMPLICATIONS

There are no financial implications associated with this application.

LEGAL IMPLICATIONS

Pursuant to Section 497 of the Local Government Act, the City may issue a Temporary Use Permit (TUP) for a period of up to three years. The Act also allows for one extension of the Permit, for a maximum of an additional three years. If the Permit holder wishes to continue the temporary use beyond this six-year period, they must submit a new application to Council for a TUP or apply for a rezoning.

Council regulates Temporary Use Permits through Part 3 of Zoning Bylaw No. 300, specifically Sections 3.27.03(1) and 3.27.04. These sections authorize Council to require that the form and character of the building align with commercial property guidelines. Council may also request additional information related to the property, such as a stormwater management plan or parking plan, as part of the application process.

Both the Official Community Plan and the General Commercial Development Permit Area provide guidance to Council in making decisions about appropriate land use and design for the subject property.

The West Shore RCMP have indicated that they have no files of concern about this business and have no concerns with the continued operation of The Original Farm Langford Ltd. provided the business continues to operate as it has over the past six years.

There are no records of regulatory bylaw violations, and no bylaw enforcement actions have been required since the business began operations.

OPTIONS

Option 1

THAT the Sustainable Development Advisory Committee recommend that Council direct staff to provide notice that Council will consider issuing a Temporary Use Permit to allow The Original Farm Langford Ltd. to operate a non-medical cannabis retail store at Unit #101-945 Reunion Avenue (Belmont Market).

OR Option 2

THAT the Sustainable Development Advisory Committee recommend that Council take no action with respect to this application for a Temporary Use Permit at Unit #101–945 Reunion Avenue (Belmont Market) until such a time as the following items are addressed and reviewed by the Sustainable Development Advisory Committee:

a. ______________;
b. ______________;
c. ___________.

SUBMITTED BY

Kory Elliott, Planning and Land Development Technician

CONCURRENCE

• Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
• Melisa Miles, Manager of Legislative Services
• Donna Petrie, Senior Manager of Communications & Economic Development
• Yari Nielsen, Director of Parks, Recreation and Facilities
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Director of Legislative & Protective Services
• Braden Hutchins, Deputy Chief Administrative Officer
• Darren Kiedyk, Chief Administrative Officer

ATTACHMENTS

• TUP25-0004 Draft - The Original Farm Langford Ltd.