CITY OF WEST KELOWNA COUNCIL POLICY MANUAL

Transcription

1 CITY OF WEST KELOWNA COUNCIL POLICY MANUAL Pages: 1 of 7 Approval Date: October 2, 2018 DEPARTMENT: SUBJECT: DEVELOPMENT SERVICES No-Medical Caabis Retail Store Rezoig Policy 1. Purpose: 1.1. The purpose of this policy is to outlie the criteria that may be cosidered by West Kelowa Coucil as part of a rezoig applicatio for a o-medical caabis retail store. This policy is iteded to serve as a guidig framework for applicats, staff ad Coucil as part of the applicatio ad review process. 2. Applicatio Procedure: 2.1. A applicatio for a o-medical caabis retail licese shall be submitted to the Liquor ad Caabis Regulatio Brach (LCRB) prior to submittig a rezoig applicatio to the City. All propoets seekig a o-medical caabis retail store shall apply to the City for sitespecific rezoig to permit this use i accordace with the City of West Kelowa s Developmet Applicatios Procedures Bylaw. The City will make every effort to review the rezoig applicatios for a o-medical caabis retail store as part of the iitial applicatio itake cocurretly with the Provicial review, where possible. 3. Iitial Applicatio Itake Framework ad Review Process 3.1. Rezoig applicatios for o-medical caabis retail stores will be accepted by the City for a iitial itake period from October 17, 2018 to 4:00 p.m. o Jauary 2, This iitial itake period will be advertised o the City s website, o social media, ewspaper advertisemets i the Westside Weekly ad through the release of a Public Service Aoucemet Followig the closure of the itake period, the City will review the applicatios ad ay icomplete applicatios will be closed ad applicatio documets will be retured to the applicat The City will review all complete rezoig applicatios submitted durig this iitial itake withi oe defiitive time period (i.e. oe to two moths). The time period associated with the review of the applicatios from the iitial itake period will be depedet upo how may applicatios the City receives. However, the City will strive to review the applicatios o a timely basis. The City will post its aticipated timeframe for review o the City s website followig the closure of the itake period oce the total umber of submitted applicatios is kow.

2 3.5. All complete applicatios will be processed i accordace with the City s Developmet Applicatios Procedures Bylaw ad evaluated i accordace with the Evaluatio Guidelies outlied i this policy (as well as i accordace with additioal City bylaws, policies ad master plas icludig the Official Commuity Pla, Zoig Bylaw, Busiess Licesig ad Regulatios Bylaw ad the Westbak Cetre Revitalizatio Pla). 4. Evaluatio Guidelies 4.1. Applicatios for o-medical caabis retail stores will be evaluated by the City i accordace with the evaluatio guidelies specified below ad as weighted i the Evaluatio Matrix attached to ad formig part of this policy as Schedule A, Evaluatio Matrix. (a) Neighbourhood Locatio i. No-medical caabis stores will be cosidered withi the eighbourhood boudaries of Westbak Cetre ad Boucherie Cetre/West Kelowa Idustrial Park (as depicted o Schedules B ad C). ii. No-medical caabis retail stores should be located ad sited i such a maer that miimizes ay potetial egative impact o the existig eighbourhood (i.e. preferece may be give to applicatios that are ot adjacet to or ear established residetial eighbourhoods or existig busiesses that offer services that may be perceived to have a lad use coflict with a proposed o-medical caabis retail store). (b) Total Number of No-Medical Caabis Retail Stores i. As part if the iitial approval process, a total of 4 o-medical caabis retail stores may be permitted i West Kelowa, limited to the followig eighbourhoods: 2 o-medical caabis retail stores withi the eighbourhood of Westbak Cetre 2 o-medical caabis retail stores withi the eighbourhood of Boucherie Cetre/West Kelowa Idustrial Park (c) Preferred uderlyig Zoig ad/or Lad Use Desigatio i. No-medical caabis retail stores should be located o parcels withi the idetified eighbourhoods specified i Sectio 4.1(a) with the followig uderlyig commercial ad/or idustrial zoig desigatio: Urba Cetre Core Commercial Zoe (C1) Service Commercial Zoe (C4) Light Idustrial Zoe (I1) Gasolie Service Statio Commercial Zoe (C3) i Boucherie Cetre/West Kelowa Busiess Park oly. ii. Despite 4.1(c)i, o-medical caabis retail stores may also be cosidered o parcels withi the idetified eighbourhoods with the followig future lad use desigatios as specified i the City of West Kelowa Official Commuity Pla: 1. Commercial; Page 2 of 7

3 2. Busiess Park; 3. Idustrial; ad o-medical caabis retail stores may also be cosidered o parcels evisioed for future commercial use as specified i the 2011 Westbak Cetre Revitalizatio Pla. iii. iv. I terms of evaluatio, preferece will be give to parcels with commercial zoig ad/or commercial lad use desigatios (either i the OCP or Westbak Cetre Revitalizatio Pla) over idustrial zoig or idustrial lad use desigatios i order to preserve idustrial lads for idustrial uses. Existig lads zoed or desigated residetial will result i a usatisfactory scorig as part of the evaluatio matrix. (d) Separatio from Sesitive Uses i. Westbak Cetre Neighbourhood: No-medical caabis retail stores located i the Westbak Cetre eighbourhood should be sited at least the distace specified i Colum 2 from the sesitive use idetified i Colum 1 as idetified i Table 1 below: Table 1. Miimum Separatio Distaces (Westbak Cetre) Neighbourhood: Westbak Cetre Colum 1 Colum 2 Colum 3 Sesitive Use Miimum Separatio Distace Distace Measured From Elemetary School 100 m Ay public etrace of Middle School 100 m the o-medical Highschool 250 m 100 m caabis retail to the earest parcel boudary of the applicable sesitive use Select Parks, icludig such parks as: Spriger Park Westbak Cetre Park Memorial Park Select Sports Facilities, icludig such facilities as: Johso Betley Aquatic Cetre Alterative School or Youth Cetre, icludig such facilities as: Westside Boys ad Girls Club Westside Learig Cetre Library Select Medical Facilities, icludig such facilities as: Iterior Health parcel located o Butt Road 50 m 100 m Ay public etrace of the o-medical caabis store to the frot etrace of the sesitive use 100 m 50 m Page 3 of 7

4 (Lot A, Pla EPP 970, DL 486, PID ) West Kelowa Health Cetre (2300 Carrigto Road) ii. Boucherie Cetre/West Kelowa Busiess Park Neighbourhood: Nomedical caabis retail stores located i the Boucherie Cetre/West Kelowa Busiess Park eighbourhood should be sited at least the distace specified i Colum 2 from the sesitive use idetified i Colum 1 as idetified i Table 2 below: Table 2. Miimum Separatio Distaces (Boucherie Cetre/West Kelowa Busiess Park) Neighbourhood: Boucherie Cetre/West Kelowa Busiess Park Colum 1 Colum 2 Colum 3 Use Miimum Separatio Distace Distace Measured From Elemetary School 100 m Ay public etrace of Middle School 100 m (However, sites withi 100 m may be cosidered if they are the o-medical caabis retail to the earest parcel boudary separated from the of the applicable sesitive use by Highway sesitive use Highschool Mt. Boucherie Sports Field Select Sports Facilities icludig: Royal LePage Place/Jim Lid Area) Select Parks, icludig such parks as: Darroch Park Rosewood Sports Field Recetly acquired ad curretly uamed parks located i the immediate viciity of Rosewood Sports Field (to the south ad south west of Rosewood Sports Field) 97). 250 m (However, sites withi 250 m may be cosidered if they are separated from the sesitive use by Highway 97). 100 m Ay public etrace of the o-medical caabis retail to the earest parcel boudary of the applicable sesitive use iii. Other Separatio Distaces that May be Cosidered 1. I additio to the desired separatio distaces idetified i 4.1(d)i ad 4.1(d)ii, preferred cosideratio may also be give to locatios that miimize impact o additioal sesitive uses, icludig existig established residetial eighbourhoods ad/or existig busiesses that offer services that may be perceived to have a lad use coflict with a proposed o-medical caabis retail store. Page 4 of 7

5 (e) Separatio from other No-Medical Caabis Retail Stores i. No-medical caabis retail stores should ot be directly abuttig aother omedical caabis retail store. (f) Buildig Desig, Aesthetics ad Neighbourhood Security i. I order to esure high quality storefrots i key commercial areas of the commuity, applicatios shall iclude a graphical represetatio of the proposed iterior ad exterior store desig (i.e. floor plas, architectural drawigs, coloured rederigs). This shall iclude all iformatio eeded to illustrate how the proposed o-medical caabis retail store will meet all related regulatios, policies, bylaws ad commercial Developmet Permit guidelies (of both the Provicial ad Muicipal authorities). ii. Iterior Buildig Desig 1. The proposed floor pla should clearly idicate how the store layout will mitigate the etrace of miors. iii. Exterior Buildig Desig 1. The proposed exterior buildig desig shall depict how the proposed exterior desig meets Commercial Developmet Permit Guidelies as per the City s Official Commuity Pla (ad if the store is proposed for Westbak Cetre, also how the proposed exterior buildig desig meets the desig guidelies specified i the Westbak Cetre Revitalizatio Pla). All proposals shall clearly demostrate how the proposed exterior of the buildig ehaces the street character. 2. The proposal shall iclude a aalysis by a professioal competet i Crime Prevetio through Evirometal Desig (CPTED) ad demostrate that it meets the Provicial Physical Security Requiremets. I terms of CPTED desig, preferece will be give to desig parameters that ehace the streetscape ad pedestria experiece such as: a. Istallatio of adequate lightig both durig ad outside operatig hours; b. Locatig the primary retail etrace facig a street; ad c. The absece of visible security measures (such as barred widows ad/or retractable security gates, etc.) that may retract from the overall streetscape. (g) Nuisace Activity i. The applicat shall iclude with their applicatio a detailed descriptio of how uisace behavior, such as cosumptio of product outside the store premises, odors from vetilatio, etc., is to be maaged ad mitigated (i.e. locatio of vetig, carbo filters, etc.) to reduce ay uisace activity o established busiesses ad residets i the surroudig area which may result from the operatio of a o-medical caabis retail store. Page 5 of 7

6 (h) Parkig i. Parkig requiremets shall be i accordace with Part 4 Off-Street Parkig ad Loadig of the City s Zoig Bylaw ad will be classified as retail for the purpose of Table 4.1 Required Parkig Spaces. (i) Muicipal Bylaw Compliace History i. Propoets (applicats, directors, busiess owers) for a No-Medical Caabis retail store should clearly demostrate that they do ot have a history of ifractios related to the busiess operatio withi the City. (j) Operatioal Pla i. The Operatioal Pla should demostrate the details of the operatio of the proposed busiess, icludig proposed hours of operatio, experiece of applicats/owers, ad the proposed pla for esurig the busiess is i compliace with Federal, Provicial ad muicipal regulatory frameworks. 5. Process followig Iitial Evaluatio 5.1. Followig the iitial evaluatio of applicatios, a summary of all applicatios ad evaluatio scores will be compiled ad provided to Coucil The highest scorig applicatios stemmig from the evaluatio process will be recommeded to Coucil for further review ad cosideratio i accordace with the Developmet Applicatio Procedures Bylaw (i.e. first ad secod readig). The remaider of the applicatios will be recommeded for closure, except for the two earest scorig applicatios. These applicatios will be recommeded to be put o hold util such time the four highest scorig applicatios have received both City approval ad a licese through the Liquor ad Caabis Regulatio Brach. Should oe of the City s top scorig applicatios fail to receive a licese from the Liquor ad Caabis Regulatio Brach, these ext highest scorig applicatios will be brought forward for Coucil s cosideratio The umber of applicatios cosidered for further review by Coucil will deped o the umber of complete applicatios received ad the scorig of the applicatios. Applicats will be advised i writig what their applicatio score was ad if their applicatio was selected to move forward for cosideratio by Coucil for bylaw readigs I the evet of a tie withi the highest scorig applicatios, all tied applicatios will be brought forward for Coucil s cosideratio. 6. Coucil Discretio 6.1. While this policy is iteded to provide a guidig framework which would apply to all rezoig applicatios for o-medical caabis retail stores, Coucil maitais full discretio i cosideratio of applicatios for rezoig ad may at its sole discretio, exempt applicatios from this policy or require additioal cosideratios ot icluded i this policy. Page 6 of 7

7 7. Effective Date 7.1. This policy shall come ito force o the date of Federal legalizatio of o-medical caabis. 8. Subsequet Applicatio Itake Framework ad Future Policy Review 8.1. It is aticipated that this Policy will be reviewed withi moths followig the effective date of the policy to cosider implicatios o lad use (if ay) that have resulted from the iitial implemetatio of o-medical caabis retail stores I the evet that a o-medical caabis retail licese is cacelled or revoked before this policy is reviewed i its etirety, a aoucemet may be made o the City s website, withi a reasoable timeframe, specifyig a future itake period ad review timelie for subsequet rezoig applicatios to replace the cacelled/revoked licese. Previous Revisio/s: oe Page 7 of 7

8 SCHEDULE A BUSINESS NAME: SCHEDULE A: City of West Kelowa No-Medical Caabis Retail Stores Review Matrix PROPOSED STORE ADDRESS: Usatisfactory Poor Fair Good Outstadig Total EVALUATION GUIDELINE WEIGHT Proposed Neighbourhood ad Proposed Locatio withi Neighbourhood: *Proposed busiess locatio is withi the idetified eighbourhoods of Westbak Cetre, Boucherie Cetre or West Kelowa Busiess Park (ote: as part of the iitial itake period, applicatios will ot be accepted outside of these pre-selected eighbourhoods) *The locatio ad sitig of the proposed busiess withi oe of the approved eighbourhoods miimizes potetial egative impact o eighbourhood (i.e. preferece may be give to applicatios that are ot adjacet to or ear established residetial eighbourhoods or existig busiesses that offer services that may be perceived to have a lad use coflict with a proposed o-medical caabis retail store). 10 Preferred Uderlyig Zoig ad/or Lad Use Desigatio: 10 *Proposed busiess locatio is withi the preferred zoig or lad use desigatio category as outlied i the No-Medical Caabis Retail Store Rezoig Policy Separatio from Sesitive Uses: *Proposed busiess is proposed to be sited the miimum distaces specified i the No-Medical Caabis Retail Store Rezoig Policy Separatio from other No-Medical Caabis Retail Stores: 20 5 * At miimum, proposed locatio does ot directly abut aother o-medical caabis retail store

9 Buildig Desig, Aesthetics, ad Neighbourhood Security: 15 *Proposig high quality storefrot that ehaces the street character ad is i accordace with the City's Commercial Developmet Permit Guidelies ad Desig Guidelies of the Westbak Cetre Revitalizatio Pla * Proposal icorporates Crime Prevetio Through Evirometal Desig Priciples to ehace streetscape ad pedestria experiece (icludig adequate lightig both iside ad outside operatig house, locatig the primary retail etrace facig a street, but does ot iclude barred widows ad/or retractable security gates that may retract from the overall streetscape) *Iterior floor plas idicate a layout that mitigates the etrace Nuisace of Activity: miors *Adequately addresses how uisace behaviours, such as the cosumptio of the product outside the store premises, odors from vetilatios, etc. is to be maaged ad mitigated to reduce ay uisace activity o established busiesses ad residets Parkig: *Proposal idicates compliace with Zoig Bylaw parkig provisios ad o variaces are requested Muicipal Bylaw Compliace History: *Propoets (applicats, directors, busiess owers) for No- Medical Caabis retail store should clearly demostrate that they do ot have a history of ifractios related to the busiess operatio withi the City. Qualificatios ad Experiece of the Applicat/Ower: 10 *Provides a viable, clear operatioal pla *Applicat/busiess ower has previous, successful busiess experiece ad backgroud *Proposed operatioal pla demostrates compliace with all Federal, Provicial ad muicipal regulatory frameworks 100 TOTAL SCORE: 0

10 SCHEDULE B Westbak Cetre Neighbourhood Boudary IR#9 (No- Medical Caabis Retail Sales) Schools Roads Major Roads Muicipal Parks Lakes Westbak Cetre Parcels Neighbourhood Boudary Westbak First Natio Projectio: NAD-83 UTM 11N IR# Metres Disclaimer: This map is for geeral iformatio purposes oly. The City of West Kelowa makes o represetatios as to the completeess, timeliess ad accuracy of the iformatio cotaied o this map. This map is ot for avigatio. The City of West Kelowa will ot be liable for ay damage, loss or ijury resultig from the use of the map or iformatio o the map. This map may be chaged by the City of West Kelowa without further otice. Map Created o : 9/14/2018 RetailCaabisMappigWBC_NeighbourhoodBdy.mxd

11 SCHEDULE C West Kelowa Busiess Park ad Boucherie Cetre Neighbourhood Boudary (No- Medical Caabis Retail Sales) Schools Roads West Kelowa Busiess Park Major Roads Muicipal Parks Lakes Parcels Neighbourhood Boudary Westbak First Natio Projectio: NAD-83 UTM 11N Boucherie Cetre IR# Metres Disclaimer: This map is for geeral iformatio purposes oly. The City of West Kelowa makes o represetatios as to the completeess, timeliess ad accuracy of the iformatio cotaied o this map. This map is ot for avigatio. The City of West Kelowa will ot be liable for ay damage, loss or ijury resultig from the use of the map or iformatio o the map. This map may be chaged by the City of West Kelowa without further otice. Map Created o : 9/14/2018 RetailCaabisMappigBC_NeighbourhoodBdy.mxd