Application for a Temporary Use Permit to allow for a non-medical cannabis retail store at #107-2317 Millstream Road

Executive Summary

Thrive Advisors of Honeycomb Cannabis Inc has applied on behalf of Cheekeill Ventures Ltd for a new Temporary Use Permit (TUP) to continue a non-medical cannabis retail store at Unit 107-2317 Millstream Road. This application follows the expiration timeline of the previously granted TUP19-0004 and its one-time extension, which is set to conclude on November 20, 2026.

The applicant intends to continue conducting operations at their current location. The site meets the City’s preferred siting criteria for cannabis retail, including appropriate distance from schools, parks, and daycares. While the site does not meet the preferred siting criteria with regards to the proximity to the nearest properties zoned R2, this was not considered a concern given its location within a commercial area that hosts numerous businesses. Honeycomb Cannabis Inc has demonstrated ongoing adherence to regulatory standards, including security, public safety, and community impact mitigation.

Previous Applications

The City received a Temporary Use Permit application (TUP19-0004) for the operation of a non-medical cannabis retail store in 2019. The permit was issued March 2, 2020, 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, Honeycomb Cannabis Inc was granted an extension to TUP19-0004, allowing continued operation at 107-2317 Millstream Rd for the additional three years. This extension is set to expire November 20, 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. Instead of 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. Honeycomb Cannabis Inc was one of the successful candidates in this process and has received the necessary provincial approvals. They were issued a Temporary Use Permit (TUP19-0004), which was valid for a three-year term.

Upon the Permit’s expiration, Honeycomb Cannabis Inc applied for and was granted a one-time extension for an additional three-year term. As noted, this extension is set to expire November 20, 2026. In accordance with the Local Government Act, only one extension of a Temporary Use Permit is permitted. As a result, Honeycomb Cannabis Inc must now re-apply for a new TUP to continue their operations.

The Liquor and Cannabis Regulation Branch of British Columbia (LCRB) completed the required financial integrity checks and security screening for Honeycomb Cannabis Inc and all individuals associated with the original TUP application.

To issue a Non-Medical Cannabis Retail Store (CRS) license 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 Honeycomb Cannabis Inc under TUP19-0004.

Commentary

The location is currently zoned C6A – Neighbourhood Mixed Use, which is a mixed-use zone that permits a range of commercial and residential uses. The Official Community Plan designates this location as Corridor. The closest related permitted use in the zone is Licensed Premises, controlled under the Liquor Control and Licensing Act. The building is flanked on the west by a business park, a small commercial gas station, as well as a few residential lots. To the north there are two multi-family apartment buildings, while the east is predominately single-family residential. A brew pub lies and other commercial uses exist to the south.

As part of the 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 operate the retail sale of non-medical cannabis within the City. Proposals were expected to address compliance with several key factors, including:

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

These requirements can be found in the Cannabis Retail Store Terms and Conditions handbook, which reflects the provisions of the Cannabis Control and Licensing Act of British Columbia.

In response to the City’s request for RFPs, Honeycomb Cannabis Inc submitted their proposal. Their location at unit 107-2317 Millstream Road is approximately:

• 2,009m from the closest authorized cannabis retail store located at 693 Hoffman Avenue;
• 413m away from the closest school, Millstream Elementary;
• 2,180m away from Thetis Lake Regional Park;
• 460m away from the closest daycare;
• 2,000m away from Florence Lake; and
• The closest land zoned R1 or R2 is adjacent to the east property line.

The applicant’s original proposal demonstrated how they would meet the criteria outlined in the RFP. Compliance with these criteria was a condition of the original Temporary Use Permit (TUP19-0004).

Following Council’s approval of TUP19-0004, 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 three years. The Act allows for one extension of the Permit, for a maximum of an additional three years. The Act 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 TUPs through Part 3 of the 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 request additional information related to the property, such as stormwater management plan or parking plan, as part of the application process, when appropriate.

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 and the City’s Bylaw Enforcement Department have no issues with the continuation of this retail cannabis operation.

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 Honeycomb Cannabis Inc to continue to operate a non-medical cannabis retail store at Unit 107-2317 Millstream Road.

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 107-2317 Millstream Rd until such time as the following items are addressed and reviewed by the Sustainable Development Advisory Committee:

a. ___________;
b. ___________;
c. _________.

Submitted By

SUBMITTED BY: Kelsey Hutt, Planning Technician

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

Attachments: Draft TUP26-0004 – Honeycomb Cannabis Inc