C2b

CITY OF WILLIAMS LAKE

COUNCIL REPORT

DATE OF REPORT: October 5, 2018

DATE & TYPE OF MEETING: October 9, 2018 Regular Council Meeting
AUTHOR: Hasib Nadvi, Planner II
SUBJECT: DEVELOPMENT VARIANCE PERMIT APPLICATION – DVP #05-
2018 – ICE DEVELOPMENT LTD. – 850 OLIVER STREET
FILE: 3090-95

SECTION 1: EXECUTIVE SUMMARY

The purpose of this report is to apprise Council of information required to determine whether or not to
approve the requested development variance permit. The property owner is requesting to vary the
required minimum setback for retail cannabis stores from Cariboo Memorial Recreation Centre (CMRC).
If approved, the proposed variance will allow a provincial retail cannabis store to operate at 850 Oliver
Street.

A tentative schedule for consideration of the application and public consultation is as follows, should
Council choose to proceed:

Council receives application October 9, 2018

Public Notification November 5, 2018
Final Consideration and Approval November 20, 2018*
*Final approval subject to meeting resolution requirements.

SECTION 2: BACKGROUND
As of September 20, 2018, a development variance permit application for a proposed provincial retail
cannabis store has been submitted by the property owner of Boitanio Mall located at 850 Oliver Street.
The property owner has a conditional offer from the Province to lease space for a cannabis retail
operation (See attachment for BC Liquor Distribution Branch presentation).

Per Section 223 (1) of the City of Williams Lake Zoning Bylaw No. 1825, 2002 (hereafter referred as the
‘Zoning Bylaw’), Cannabis retailers must be 300 metres (in a straight line from the closest lot line to the
closest lot line) from public or private schools, daycares (excluding family day cares), and Cariboo
Memorial Recreation Centre (CMRC). The subject property is approximately 266m from CMRC property
line.

Other applications:
In August 2017, Council gave first reading to a zoning bylaw amendment application for a proposed
community care facility on the second floor of the mall.

SECTION 3: DISCUSSION
The subject retail cannabis store is proposed to be located at the eastern corner of Boitanio Mall
adjacent to the parkade (Figure 1). It will be approximately 318.8m²or 3,431.6ft². As of September 26,
2018, the City is in receipt of correspondence from the BC Liquor Distribution Branch stating that the
proposed location will be an establishment of the Province and they have a conditional offer on a retail
DVP Application – ICE Developments – 850 Oliver Street Page 2

unit on the subject property. As such, they do not require a license from the Liquor and Cannabis
Regulation Branch (LCRB).

Zoning Bylaw requirement

The subject property is zoned as Town Centre Commercial (C-1), which permits retail cannabis use. It is
in conformance with all the other provisions of the C-1 zone. The surrounding land uses are mostly
commercial including a drive-through restaurant, Government liquor store, and a grocery store. Per the
Council Cannabis Retail Referral Process Policy, Council may consider the required separation distances
to customer entry door of a premises when the subject parcel is a multi-tenant property. Based on the
aforementioned, the actual distance from the recreation centre to the proposed cannabis retail unit is
approximately 434m. Given that the proposed location is in downtown commercial area and distance
from the CMRC to the premises is more than the required 300m, staff believe that it meets the intention
of the Zoning Bylaw requirements. Staff also note that it is not located within 300m of any school or
other licensed day care centre.

Figure 1: Location of the proposed retail cannabis store

Proximity to Boitanio Park and CMRC:

The proposed retail cannabis store will not face Boitanio Park, nor it will have direct access from the
park. It will be only accessible from the mall parking lot. This means that there will be no signs or
associated symbols exposed to the public eye from the park. Staff recommend that the variance permit
be written in a manner that restricts the proposed location to the eastern corner of the mall with a
DVP Application – ICE Developments – 850 Oliver Street Page 3

minimum distance of 300m from the recreation centre. This will help to ensure that the intention behind
the 300m buffer requirement of the Zoning Bylaw is followed.

Noise and traffic impact:

Being situated in downtown core with large amount of parking, convenient access by vehicle and public
transit make the location comparatively more suitable in terms of traffic impact. In addition to being in a
primary retail use area, it is not in close proximity to residential neighbourhoods. Therefore, the
potential for negative impacts from noise, if approved, is minimal.

Referral:
Cariboo Memorial Recreation Centre is a joint partnership between the CRD and the City. Due to being in
close proximity to a Cariboo Regional District (CRD) property and public space, staff recommend that
CRD and RCMP be consulted prior to final consideration of the variance permit application.

Conclusion:
Staff are supportive of the requested variance given the permit is written in a manner that restricts the
proposed cannabis retail store location to the easterly portion of the mall and the minimum distance
from the CMRC is 300m to the premises.

SECTION 4: DETAILED ANALYSIS

a. Financial Considerations – Cost and Resource Allocations:
N/A

b. Legislative Considerations (Applicable Policies and/or Bylaws):

N/A

c. This project most closely supports the following ICSP Priority Areas:
N/A

d. This project potentially conflicts with the following ICSP Priority Areas (also list mitigation
measures)
N/A

e. Environmental Considerations:
N/A

f. Social Considerations:
N/A

g. Economic Considerations:
N/A
DVP Application – ICE Developments – 850 Oliver Street Page 4

SECTION 5: RECOMMENDATIONS
That Council accept the Development Variance Permit application from ICE Development Ltd., on behalf
of BC Retail Partners (Boitanio Mall) Ltd. Inc. No. 688286, requesting to vary Section 223 (1) being
“Cannabis Related Regulations” of the City of Williams Lake Zoning Bylaw No. 1825, 2002 to reduce the
minimum distance requirement for a retail cannabis store from Cariboo Memorial Recreation Centre for
the subject property located at 850 Oliver Street, legally described as Lot A, District Lot 71, Cariboo
District, Plan EPP78192; and further, Staff be directed to issue notice of the application to surrounding
property owners and tenants within a 100 metre radius of the subject property, the application,
comments and recommendations be brought back to Council for further consideration at a future
Meeting, and the application be referred to the RCMP and Cariboo Regional District for comment.

Respectfully submitted,

Milo Macdonald
Chief Administrative Officer

This report has been prepared in consultation with the following: Initials
Director of Development Services LH
Director of Legislative Services CB

ATTACHMENTS:
Attachment A – Application
Attachment B – Correspondence from the Liquor Distribution Branch (LDB) dated September 26, 2018
Attachment C – Draft Development Variance Permit No. 5-2018
Attachment D – Draft public notice
Attachment E – Liquor Distribution Branch Presentation on BC Cannabis Stores
Attachment F – Liquor & Cannabis Regulation Branch Letter dated October 5, 2018
Attachment G – Applicant request and rationale for the Development Variance Permit
 Attachment "B" (1 page)
Hasib Nadvi
From: Hasib Nadvi
Sent: 05 October, 2018 8:53 AM
To: Hasib Nadvi
Subject: RE: Boitano Mall DVP

From: Aujla, Kam LDB:EX <kam.aujla@bcldb.com>

Sent: 26 September, 2018 10:46 AM
To: Hasib Nadvi <hnadvi@williamslake.ca>
Subject: Gov't cannabis store - Williams Lake

Hi Hasib,

Hope you're doing well! I believe you were in touch with my colleague Anne Williams regarding potential government
cannabis stores (BC Cannabis Stores) in Williams Lake. Moving forward, I will be the primary contact for municipalities -
it's very nice to meet you!

We are pursuing a location in Williams Lake (Boitanio Mall) and have a conditional offer from the landlord. The site
requires a Variance application but it is being submitted by the Landlord for our use. Is there anything that you need
from us at this stage while the Landlord purses the Variance?

Thanks,

Kam Aujla
Senior Policy Analyst, Corporate Services
BC Liquor Distribution Branch
2250 Boundary Road, Burnaby BC V5M 3Z3
T: 604 252-3000 ext 3931 E: kam.aujla@bcldb.com
Service. Relationships. Results.

The LDB is proud to contribute over $1 billion annually to the Province of British Columbia. Our contribution helps provide
financial support for vital public services including health care and education.

LIQUOR
DISTRIBUTION
BRANCH IIC's Top Employers
.

1
 Attachment C (3 pgs)

CITY OF WILLIAMS LAKE

450 MART STREET
WILLIAMS LAKE
B.C. V2G 1N3

DEVELOPMENT VARIANCE PERMIT DVP #05-2018

ISSUED TO: BC Retail Partners (Boitanio Mall) Ltd. Inc. No. 688286
8338-120th Avenue
Surrey, BC

PROPERTY ADDRESS: 850 Oliver Street, Williams Lake, BC

1. Except as varied by this Permit, this Development Variance Permit is issued

subject to compliance with all applicable Bylaws and Provincial and Federal
Statutes and Regulations.

2. This Development Variance Permit applies only to the parcel created by the
consolidation of:

Legal Description: Lot A, District Lot 71, Cariboo District, Plan

EPP78192
PID: 030-567-009
(the “Land”)

3. The land described herein shall be developed strictly in accordance with the
following terms and conditions and provisions of this Permit and any plans and
specifications attached hereto which shall form a part thereof.

4. With respect to the land, Section 223 (1) being Cannabis Related Regulations of
the City of Williams Lake Zoning Bylaw No. 1825, 2002 is hereby varied as follows:

a) A cannabis retail location is permitted on the easterly portion of the subject

property so long as the minimum distance from the Cariboo Memorial
Recreation Centre to its premises is 300m and the retail door and signage
front onto Oliver Street.

5. If the Applicant does not finalize the construction permitted by this Permit within 24
months of the date of this Permit, the Permit shall lapse.

6. This Permit prevails over the provision of the Bylaw in the event of conflict.

7. Notice of this Permit shall be filed in the Land Title Office under Section 498(1) of
the Local Government Act, and upon such filing, the terms of this Permit or any
BC Retail Partners DVP #05-2018 PAGE 2

amendment hereto shall be binding upon all persons who acquire an interest in the
land affected by this Permit.

8. This Permit is not a Building Permit.

Authorizing Resolution No. /00 issued by Council the day of [Month] [Year].

Development Variance Permit No. DVP #05-2018 issued this day of [Month] [Year].

CITY OF WILLIAMS LAKE

_______________________________
Mayor Walt Cobb

________________________________
Cindy Bouchard
Manager of Legislative Services
BC Retail Partners DVP #05-2018 PAGE 3
 Attachment “D” (2 pages)

CITY OF WILLIAMS LAKE

PUBLIC NOTICE

APPLICATION FOR DEVELOPMENT VARIANCE PERMIT NO. DVP #05-2018

TAKE NOTICE that the Council of the City of Williams Lake on Tuesday, [day] [month], 2018
at 6:00 PM, at a Regular Council Meeting in the Council Chambers at 450 Mart Street, will
consider an application for Development Variance Permit No. DVP#05-2018.

Members of the public will be given the opportunity to speak in support of or against the
issuance of the permit. Written submissions are encouraged and can be submitted in advance
of, or presented at, the meeting.

A copy of the proposed Permit and relevant background documents may be inspected between
8:30 AM and 4:30 PM, Monday to Friday, inclusive, excluding holidays, from [day] [month], 2018
to [day] [month], 2018, both inclusive, at City Hall, 450 Mart Street, Williams Lake, BC.

A Notice giving an explanation of the purpose and effect of the Permit and stating the lands
affected is also furnished herewith.

DATED at Williams Lake this [Month] [Year], 2018.

Cindy Bouchard
Director of Legislative Services
City of Williams Lake
250 Mart Street
Williams Lake, BC
V2G 1N3

EXPLANATORY NOTE OF THE PURPOSE AND EFFECT

The purpose of Development Variance Permit No. 05-2018 is to vary Section 223(1), Cannabis
Related Regulations of the City of Williams Lake Zoning Bylaw No. 1825, 2002 as follows:

From:
Cannabis retailer must be 300 metres (in a straight line from the closest lot line to the closest lot
line) from public or private schools, daycares (excluding family day cares), and Cariboo
Memorial Recreation Centre.

To:
A cannabis retail location is permitted on the easterly portion of the subject property so long as
the minimum distance from the Cariboo Memorial Recreation Centre to its premises is 300m.

The subject property is located at 850 Oliver Street and is legally described as as Lot A,
District Lot 71, Cariboo District, Plan EPP78192.
The owner of the subject property is: BC Retail Partners (Boitanio Mall) Ltd. Inc. No. 688286
8338-120th Avenue
Surrey, BC
Professional.
Experienced.
With nearly 100 years of
experience retailing regulated
products, we know what it

Responsible. means to be a good neighbour.

 Overview
RESPONSIBLE ALIGNED SAFE & SECURE KNOWLEDGEABLE PROFESSIONAL
Every decision we make We are experienced at Unprecedented safety and The in-store experience We have a proven track
supports the social meeting municipal security measures are is designed around record of successful retail
responsibility requirements with incorporated into our store responsible messaging, operations, end-to-end,
commitments we make transparent engagement design, to ensure a education and awareness, meeting the highest
to our communities. every step of comfortable and modern delivered by trained and standards of professional
the way. experience for customers. certified employees. public service and
accountability.
Purpose
To make high-quality cannabis products
and education available to all customers –
from the discerning to the new – through
responsible channels that provide expert
and friendly service.
 SOCIAL
RESPONSIBILITY
Every decision is made with a
lens that prioritizes public
health and safety.
SERVICE
We know our customers
intimately and we are highly
knowledgeable about the
products we sell.

PEOPLE INTEGRITY

Our values We are intensely curious,

deeply passionate about this
space, and nimble, digital
We always do the right thing
and live our values every day,
in every role, in every
thinkers. situation.

guide our
decision- RESPECT CONTINUOUS
IMPROVEMENT
We work together as a

making. cohesive team and recognize

the unique talents of each
individual.
We are agile and quick; we
take initiative to fill gaps and
propose solutions.
Proven track record of public service,
accountability will carry over to cannabis

• Our strict “ID Under 30” policy on the liquor side

of our business is a strong contributing factor to
our successful compliance record. On cannabis,
our planned two ID-check procedure will keep
Social
regulated products out of the hands of minors.

• Effective responsible consumption awareness

Responsibility is
programs in stores and in our communities like
Dry Grad and Get Home Safe protect young
people and their community.
our core value.
• Our at-the-till charitable collections and employee Our belief is that being socially and
contributions raise nearly $1 million for local
communities annually. environmentally conscientious is not just

• We thrive as an environmental leader in good for people and the planet, it’s the
sustainable retailing by practicing energy and fuel
efficiency, container recycling, plastic bag
only way to do business.
reduction and responsible waste management.
 Municipality zoning bylaw Land use permitting
compliance and approval and approval
Council proposal and hearing, Safe proximity from schools,
public notices, inspection process playgrounds, parks, community centres,
daycares and other cannabis retailers

Responsible community engagement.

Our approach to an open and transparent civic process has led to operating one of BC’s largest retail networks.

Commercial leasing approval Business licensing approval

Tenant lease agreement, insurance, Acceptable operating hours, waste
tenant building improvements and recycling management,
occupancy permits, security
 Concept Floorplan:
Locked display cabinets Security Secure
gate receiving

Manager’s
Locked display cabinets

office
Customer queue

and handling
Passthrough
Checkout
Customer out

storage
Secure
Secure displays ,

Staff unisex
washroom
Information
Customer in

ID check
& security Staff room
Social responsibility messaging, cannabis education

= Social responsibility signage


Storefronts
Our stores are bright, clean, welcoming
and professional ‒ creating a safe and
favourable alternative to purchasing
non-medical cannabis from the illicit
market.
• Our two ID-check policy at store
entranceways prevents minors from entering
•
our cannabis stores.
Qualified cannabis consultants and in-store
education create a safe and informed
customer experience.
• Digital signage and take-away brochures help
educate customers of potential risks
associated with cannabis use, supporting our
mission of social responsibility.
• Cannabis products are kept behind the
checkout in an employee-only area of the
store, out of sight from minors passing by the
front of the store.
A reputable
place to work.
We take pride in being named one of BC’s
Top Employers time and time again.

• Mandatory criminal background checks are

performed on all employees.

• Comprehensive product knowledge and

customer service training are integral to the
cannabis consultant onboarding experience.

• As with liquor, we mandate a Serving It Right

equivalent certification for all cannabis
consultants.
The way a Typical roles and responsibilities:

• Store Managers

team works Responsible for the overall retail

performance and operation of a store,
including (but not limited to) recruitment,

as a whole
sales and customer and employee safety.

• Assistant Store Managers

Responsible for supporting the Store
determines its Manager.

• Cannabis consultants
success. Responsible for providing customer service,
including (but not limited to) extensive
knowledge on product consumption, social
We understand the value of an responsibility and customer transactions.

organized division of labour, skills • ID checker

Stationed at the entranceway to the store
and expertise to maximize and responsible for enforcing our two ID-
check policy to ensure no minors enter our
employee engagement and stores.

optimize customers’ in-store

• Store Security
experience.
Safety and security
is our top priority.
Customer, employee and community safety is paramount.

• Superior intruder and fire monitoring systems maximize response

time and minimize losses.
• Interior and exterior camera surveillance used to deter theft.
• Locking valuable accessories in tempered glass display cases
prevents shoplifting and creates an added barrier for burglars.
• A secure storage room keeps regulated product out of sight from
minors and out of reach from shoplifters.
• Durable and reliable commercial-grade doors and locks secure
our store premises.
• Smash-resistant windows obstruct vandalism and break-ins.
• Attractive and visible on-premise signage of security measures
deter would-be thieves and criminals.
One advantage to operating a retail network as extensive as ours is
the ability to offer a diverse selection of product at varying price
points, which will significantly reduce the impact of the illicit
market. We will purchase lab-tested product only from licensed
producers to ensure a dependable track record of consistency,
both in quality and in the timely delivery of reliable products.

Product quality is not just a

matter of business reputation.
It’s a matter of public safety.
MYTHS
Myth: Government cannabis stores will overrun
existing retailers and small-business owners.
Myth: A combination of on-premise incineration
and back alley dumpsters will be used to dispose
of cannabis.
Myth: As with liquor, minors will be permitted to
enter cannabis stores when accompanied by an
adult.
Myth: Cannabis stores are a community eyesore
and attract criminals.
Myth: Customers will consume cannabis on-premise.
TRUTHS
Truth: We are committed to working with
municipal zoning bylaws and licensing
requirements to ensure fairness for all in the
communities we do business in.
Truth: We stand by our commitment of
responsible waste management by safely
destroying cannabis products off-premise.
Truth: Minors are not permitted to enter
cannabis stores, even if accompanied by an
adult. Our two ID-check policy at store
entranceways ensures we comply with the law.
Truth: Clean, bright white walls, natural wood
textures and timeless accents create a
professional environment and comfortable
shopping experience for our customers.
Truth: The Cannabis Control and Licensing Act
prohibits cannabis consumption of any kind in
cannabis stores, and providing samples will not
be permitted.
 • We are committed to working with
municipal regulations around hours of
operation.
• BC Cannabis Stores will be full-service
retail establishments, where employees
fulfill customer orders from behind-the-
counter.
• Unlike at BC Liquor Stores where empties

Store
can be returned, BC Cannabis Stores will
not be accepting cannabis product
packaging for recycling.
• Defective product that is returned to BC
Operations Cannabis Stores will be transported
securely to a secure, off-premise location
to be safely destroyed.
• BC Cannabis Stores will not incinerate or
dispose of cannabis products on-premise.
• BC Cannabis Stores will not carry
cannabis-branded promotional wares
such as apparel, stationary and novelty
giftware.
Accountable. Partners.

CONTACT
Jason Ho
Director, Real Estate
Jason.Ho@bcldb.com
604-252-3133
Attachment "F" (2 pages)
Attachment "G" (5 pages)