Rezoning – 302-992 Dorman Rd

Notice of Public Hearing

5:30 pm on Monday, September 13, 2021

Agenda
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The owners of Happy Isle Cannabis Company, operating at 203-992 Dorman Road, have applied to amend the zoning to permit their store, currently operating under a Temporary Use Permit, to have permanent zoning approval.

In response, Bowen Island Council is considering changes to the Land Use Bylaw to permit the sale of retail cannabis anywhere a retail use is permitted, subject to receiving a Provincial Licence. Land Use Bylaw Amendment Bylaw No. 530, 2020 was drafted to enact those changes.

Bylaw 530, 2020 was given First Reading at the January 11, 2021 Council Meeting. Council is also considering a policy that would provide items for Council to consider when reviewing an application for a retail cannabis store.

A virtual open house to gather input from the community was held on Thursday, June 24, 2021.

Bylaw 530, 2020 was given Second Reading at the July 12, 2021 Council Meeting, and was referred to a Public Hearing.

Inquiries regarding the proposed bylaws may be directed to Daniel Martin at 604-947-4255 or by email at dmartin@bimbc.ca

Ways you can have your say:

Speak at the Public Hearing: Monday, September 13, 2021 at 5:30 pm:

1. E-mail the Corporate Officer (hdallas@bimbc.ca) BEFORE 5:30 pm with:

Subject line: “Public Hearing – Verbal Submission”
Your full name, address and phone number

2. Join via Zoom and wait for your name to be called out. (See Zoom details above)

Write to the attention of Mayor and Council:

E-mail: mayorandcouncil@bimbc.ca
Mail: 981 Artisan Lane, Bowen Island, BC, V0N 1G2

To ensure a fair process, Council cannot consider any submissions received after the Public Hearing has ended.

Read more about making submissions for a Public Hearing

Background Information

July 12, 2021 Meeting 
Res#21-283It was Moved and Seconded That Bylaw No. 530, 2020 cited as “Bowen Island Land Use Bylaw No.57, 2002, Amendment Bylaw No. 530, 2020” be read a second time as amended; and That Council refer Bylaw No. 530, 2020 to a Public Hearing. CARRIED UNANIMOUSLY
Res#21-284It was Moved and Seconded That Council direct staff to include the draft Cannabis Licensing Policy in the Public Hearing materials for Bylaw No.530, 2020. CARRIED UNANIMOUSLY
January 11, 2021 Meeting 
Res#21-9It was Moved and Seconded That Bylaw No. 530, 2020 cited as “Bowen Island Land Use Bylaw No.57, 2002, Amendment Bylaw No. 530, 2020” be read a first time; and That Council refer Bylaw No. 530, 2020 to the Islands Trust, the Community Economic Development Committee and the Advisory Planning Commission; and That Council advise the applicant to host a public open house prior to consideration of a second reading. CARRIED UNANIMOUSLY
September 28, 2020 Meeting 
Res#20-391It was Moved and Seconded That Council refer application RZ-01-2020 to the Advisory Planning Commission and Community Economic Development Committee; and That Council direct staff to prepare a bylaw to amend the Land Use Bylaw to allow for the development proposal presented by 0954225 BC Ltd., (D.K. Harris Properties Ltd.) outlined in the September 28, 2020 meeting. CARRIED UNANIMOUSLY
  

Advisory Planning Commission January 20, 2021

It was Moved and Seconded

That the Advisory Planning Commission (APC) provide the following comments regarding Rezoning Application (RZ-01-2020): Happy Isle Cannabis – 992 Dorman Rd (D.K. Harris Properties Ltd.) as presented at its January 20, 2021 meeting:

·         The APC supports rezoning 992 Dorman Road for cannabis sales in the event that the definition of “retail use” in the Land-Use Bylaw No. 57, 2002 is not amended to include cannabis sales;

·         The APC recommends that Council direct Staff to provide a draft Cannabis Policy for review before providing comments on the efficacy of such a document;

·         The APC supports Bylaw No. 530, 2020, a bylaw to amend Land Use Bylaw No 57. 2002, regarding cannabis sales;

·         The APC supports Staff re-wording Section 3.3.12 for clarity;

·         The APC recommends that in the event that the Cannabis Policy has not been developed in conjunction with the Land-Use Bylaw amendment, the Land-Use Bylaw amendment process shall proceed without the policy. 

                                                                                 CARRIED UNANIMOUSLY


Advisory Planning Commission October 21, 2020

It was Moved and Seconded

That the Advisory Planning Commission support rezoning application RZ-01-2020 (Happy Isle Cannabis) 992 Dorman Road (Unit 203) with the following recommendation:

  • That Council amend the “retail use” definition in the Bowen Island Municipality Land Use Bylaw, 2002 to include retail cannabis sales.

                                                                                CARRIED UNANIMOUSLY


Committee Economic Development Committee January 25, 2021

It was Moved and Seconded

That the Community Economic Development Committee (CEDC) provide the following comments regarding Rezoning Application (RZ-01-2020) Happy Isle Cannabis – 992 Dorman Road (DK Harris Properties Ltd.) as presented at its January 25, 2021 meeting:

  1. The CEDC supports a rezoning application for Happy Isle Cannabis in this location if Council decides not to adopt Bylaw No. 530, 2020, amendment bylaw to Bylaw No. 57, 2002;
  2. The CEDC supports the creation of a Cannabis Policy as presented at January 25, 2021 meeting and recommends that proximity to sensitive areas be more specific in identifying sensitive areas (for example schools);
  3. The CEDC supports Bylaw No. 530, 2020, amendment to Bylaw No. 57, 2002;
  4. The CEDC suggest that the wording of Section 3.3.12 (d) In a location with a permitted principal retail use, and licensed by the Liquor & Cannabis Regulation Branch, as applicable; and,
  5. The CEDC supports the approach to cannabis regulation as proposed by Staff at its January 25, 2021 meeting.

                                                                               CARRIED UNANIMOUSLY


Committee Economic Development Committee October 26, 2020

Therefore be it resolved, that the Community Economic Development Committee support rezoning application RZ-01-2020 (Happy Isle Cannabis) 992 Dorman Road (Unit 203) with the following recommendations:

·         That Council remove the prohibition on retail cannabis sales in BIM Land Use Bylaw No. 57, 2020; and,

·         That no limitation on square footage be specified.

                                                                                CARRIED UNANIMOUSLY