Temporary Use Permit TUP26-0003 (Flight Cannabis Co.) - Permit & Conditions

TEMPORARY USE PERMIT

TUP26-0003 – 101-977 Langford Parkway

Staff Recommendation (verbatim) That Temporary Use Permit No. TUP26-0003 be issued by the Council for the City of Langford to Flight Cannabis Co. to operate a non-medical cannabis retail store at 101-977 Langford Parkway), subject to the following terms and conditions, and notwithstanding Sec. 3.02.02(5) of Zoning Bylaw No. 300:

1. Conditions

a) Exterior walls shall be treated in a manner and colour that is consistent with other parts of the building which the business occupies. If the non-medical cannabis retail store occupies a stand￾alone building, then the exterior of the building will exhibit colours from a muted, earth tone palette with contrasting accent colours for windows, trim and doors. Bold or vivid colours that are intended to be distinctive and eye-catching (e.g.: lime green or fire engine red) may be used on signage, but not on the building façade or trim to the satisfaction of the Director of Community Planning and Development Services;

b) All windows shall be opaque or constructed with spandrel panels behind. Windows and spandrels may not be embellished with any form of imagery;

c) Security devices, such as window bars or roll shutters, shall be deployed on the inside of doors or windows so as to be unobtrusive and invisible from the street;

d) The applicant shall provide security measures associated with the premises from which the non-medical cannabis retail store will operate in accordance with the applicant’s proposal in response to the City of Langford Request for Proposal for the Retail Sales of Cannabis and Cannabis Related Products (RFP), as determined by the Chief Administrative Officer;

e) The applicant shall address issues of nuisance with respect to odours, smoke and noise relating to public use of cannabis and cannabis products in accordance with the applicant’s proposal in response to the RFP and the regulations, terms and conditions outlined in the Cannabis Control and Licencing Act of B.C.;

f) The applicant shall address impairment issues relating to public use of cannabis and cannabis products for non-medical purposes in accordance with the applicant’s proposal in response to the RFP and the regulations, terms and conditions outlined in the Cannabis Control and Licencing Act of B.C.;

g) The non-medical cannabis retail store must be a stand-alone business;

h) The hours of operation of the non-medical cannabis retail store shall be limited to 9am to 9pm Sunday through Wednesday and 9am to 10pm Thursday through Saturday;

i) The applicant shall provide educational initiatives and materials associated with the impacts and related social concerns of the non-medical use of cannabis and cannabis products in accordance with the applicant’s proposal in response to the RFP and as outlined in the Cannabis Retail Store Terms and Conditions, a handbook for the sale of non-medical cannabis in British Columbia;

j) The applicant shall conform to the regulations stipulated in the Cannabis Control and Licencing Act of British Columbia B.C. Reg.202/2018;

k) The Applicant shall ensure that the non-medical cannabis retail sale is in compliance with all applicable laws, including all City bylaws;

SIGNAGE

l) All signage shall be subject to a subsequent Sign Development Permit application process and shall be constructed and placed in accordance with Langford Sign Bylaw No. 1250 and to the satisfaction of the Director of Community Planning and Development Services;

m) All signage shall be architecturally compatible with the style, composition, materials, colours, and details of the buildings within the development;

n) The location and size of signs shall be architecturally integrated with the overall design of the buildings;

o) As a condition of issuance of this permit, and notwithstanding what is permitted by Bylaw No. 1250, the business is limited to three signs only. This signage shall indicate the name of the business only, and shall not display company slogans, and may not employ any play on words with respect to cannabis or drug culture. This signage may be internally illuminated in accordance with City guidelines, but may not be animated in any way or have variable messaging;

p) Notwithstanding article o), the business may have one illuminated sign which indicates that the business is open, provided that this signage is affixed to the interior of a door or window visible from the street and does not exceed an area of 0.2m2 (2ft2);

q) Sandwich board type signs are prohibited;

If a previous Development Permit has been issued with respect to Form and Character and no new buildings or exterior renovations are being proposed some of these conditions may be waived.

2. 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. proposal as one that best addressed the challenges with the retail sale of cannabis and cannabis products; and,

g) Flight Cannabis Co. is committed to assisting the City and taking positive steps to address the challenges with the retail sale of cannabis and cannabis products;

Now therefore be it resolved that Council issue Temporary Use Permit TUP26-0003 to Flight Cannabis Co. for it to operate a Cannabis Retail Store at 101-977 Langford Parkway for a three￾year term subject to the terms and conditions listed within.

3. Expiry

That the Temporary Use Permit be issued for a period of 36 months and will expire on June 1, 2029.