PUBLIC HEARING REPORT - CANNABIS RETAIL STORE REZONING - 1495 ADMIRALS ROAD

TOWN OF VIEW ROYAL PUBLIC HEARING REPORT

TO: Council DATE: March 11, 2020 FROM: J. Davison, MCIP RPP, Community Planner MEETING DATE: March 17, 2020 FILE NO: 3360-020-2019/01

CANNABIS RETAIL STORE REZONING - 1495 ADMIRALS ROAD PUBLIC HEARING FOR ZONING BYLAW NO. 900, 2014, AMENDMENT BYLAW No. 1041

RECOMMENDATION

THAT the report dated March 11, 2020 from the Community Planner titled “Cannabis Retail Store Rezoning – 1495 Admirals Road Public Hearing for Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1041” be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

This report presents Zoning Bylaw amendment bylaw No. 1041 for Public Hearing to rezone a portion of the CD-1 zoned 1495 Admirals Road for a Retail Cannabis Store use.

BACKGROUND

A definition for ‘Cannabis Retail Store’ has been added to the Zoning Bylaw. Any proposed location for cannabis related sales must be rezoned to allow this use.

Council has adopted a set of guidelines (Town of View Royal Cannabis Retail Store Buffer Guidelines) for considering Cannabis Retail Store rezoning applications in relation to the proximity to other land uses (attached to the report).

The Provincial Licensing application for the store at 1495 Admirals Road (to be known as ‘Rise Cannabis’) is passing through the financial integrity process at the Liquor and Cannabis Regulation Branch. If the Town’s zoning amendment bylaw is adopted, the results of the process, including Public Hearing minutes, will be provided to the Provincial Liquor & Cannabis Regulation Branch to satisfy their requirements for a public process.

ISSUES AND ANALYSIS

The proposal is for a Cannabis Retail Store adjacent to 4 Mile Liquor in the Admirals Walk commercial complex (currently the Second Slice Pizza location). The CD-1 Zone includes Admirals Walk and properties abutting Admirals Road north up to and including the Canadian Tire site.

Ensuring Zoning Control

The bylaw to rezone the property for Retail Cannabis Store includes a map of the specific location of the store on the property to which the use within the amended CD-1 zone applies. Should the store location change or expand a new rezoning would be required.

Buffering Uses

How does the Rise Cannabis proposal fit the Cannabis Retail Store Buffer Guidelines? The Town has ideal and base store requirements within the Guidelines document:

Ideal Store Location Requirements An ideal cannabis retail store application within the Town of View Royal meets these locational criteria:

• 300m from another retail cannabis store location
• 300m from a school
• 300m from a large daycare
• 150m from a park
• 50m from residential uses

Base Store Location Requirements An application for cannabis retail store should meet these basic locational criteria unless outstanding circumstances are presented to Council:

• 300m from another retail cannabis store location
• 300m from a school

In this case, the only uses preventing the Rise Cannabis site from meeting the ideal store location requirements are the Maple Tree Children’s Centre large daycare use at 100 Aldersmith Pl and the Songhees Nation Early Learning Centre at 1500 Admirals Road.

The entrance to the proposed Rise Cannabis store is 110m from the entrance to the Maple Tree Children’s Centre. While this is less than the recommended 300m, it is separated by Aldersmith Road and it is not visible at any point from Nelson Square. The other use of potential consideration is Shoreline Middle School, which is 450m away (beyond the recommended 300m from a school).

Consultation

As is the Town’s practise as part of any rezoning process in View Royal, referrals were sent to:

• Island Health
• CROAD Planning
• District of Esquimalt
• District of Saanich
• Esquimalt Nation
• Songhees Nation
• School District #61

Referrals or feedback we have received include:

• Island Health (attached to the report) which recommends against the application.
• CROAD Water Supply and Engineering (attached to the report) who have no concerns.
• Robert Thomas at Esquimalt Nation was spoken to over the telephone and stated that while Esquimalt Nation does not wish to have any stores on their land, they have no objection to this application. Referral information was sent via email after the conversation.
• Rosa Horne at Songhees Nation was spoken to over the telephone and had no immediate concerns about the application. Referral information was sent via email after the conversation.
• In addition, Mayor Screech hand delivered notices to both nations offices.

In addition, if the application proceeds through the rezoning process to a public hearing:

• All residents and businesses within 400m are notified by mail within 10 days of the Public Hearing
• The notification of the Public Hearing is placed in two consecutive issues of the Goldstream Gazette.
• The Public Hearing notice is placed on the Town’s notice board, on the Town’s website, and is typically posted on social media.
• Three rezoning signs are currently on the property, facing Hallowell Road, Admirals Road and Aldersmith Pl.

MOVING FORWARD

1. After the Public Hearing third reading and adoption of the bylaw will be considered.
2. If the rezoning is approved, the Province must still issue the license for retail cannabis sale before the applicant can obtain a business license. The Town will send confirmation of the approval of the Zoning Bylaw amendment (should it be approved) to satisfy their public process requirements.
3. A Form and Character Development Permit with a variance will be required to enable the window signs and screening required by the Provincial regulations for screening the interior from outside viewing.
4. A Building Permit and a Sign Permit will be required for tenant improvements.

RECOMMENDATION

THAT the report dated March 11, 2020 from the Community Planner titled “Cannabis Retail Store Rezoning – 1495 Admirals Road Public Hearing for Zoning Bylaw No. 900, 2014, Amendment Bylaw No. 1041” be received for information.

SUBMITTED BY: J. Davison MCIP RPP, Community Planner

REVIEWED BY: L. Chase MCIP RPP, Director of Development Services

ATTACHMENTS

1. Subject Property Map
2. Subject Property Orthophoto
3. Bylaw No. 900, 2014 Amendment Bylaw No. 1041
4. Applicant’s Letter – Applicant - March 28, 2019
5. Site Plan showing proposed location of store – Applicant – Undated
6. Site Plan orthophoto – Applicant – undated
7. Detailed store layout and entrance elevation – Applicant – March 18, 2019
8. Store Signage – Applicant – Undated
9. Referral comments – Island Health
10. Referral comments – CROAD Water Supply and Engineering