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HomeMy WebLinkAbout2015-09-15 Public Hearing Meeting Agenda and Reports.pdf City of Maple Ridge PUBLIC HEARING September 15, 2015 CITY OF MAPLE RIDGE NOTICE OF PUBLIC HEARING TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, North-East corner entrance, at 7:00 p.m., Tuesday, September 15, 2015 to consider the following bylaws: 1)2014-014-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7071-2014 LEGAL: Lot 3, Section 28, Township 12, New Westminster District, Plan 3007 Except: Reference Plan 15218, Plans 66891, LMP46668, LMP47584, BCP10664, BCP42355, EPP9001 and EPP23139 LOCATION 13316 235 Street FROM: RS-3 (One Family rural Residential) TO: R-1 (Residential District) and RS-1b (One Family Urban (Medium Density) Residential) PURPOSE To permit a subdivision into 13 lots. 2) 2015-212-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7161-2015 PURPOSE: To amend the Maple Ridge Zoning bylaw to prohibit the sale of liquor and wine in grocery stores by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3); g) The sale in or from a grocery store, or in or from a store located in a grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes AND FURTHER TAKE NOTICE that a copy of the aforesaid bylaws and copies of staff reports and other information considered by Council relevant to the matters contained in the bylaws will also be available for public inspection at the Municipal Hall, Planning Department counter, between 8:00 a.m. and 4:00 p.m. from September 3, 2015 to September 15, 2015, Saturdays, Sundays and Statutory Holidays excepted. Some of this information will also be posted on the City website www.mapleridge.ca on the Your Government /Meet Your Council/Council Meetings page. ALL PERSONS who deem themselves affected by any of these bylaws shall be afforded a reasonable opportunity to be heard at the Public Hearing before Council on the matters contained in the bylaws or by making a written submission to the attention of the Manager of Legislative Services or by sending an e-mail to the Clerk’s Department at clerks@mapleridge.ca, by 4:00 p.m., September 15, 2015. Please note that all written submissions provided in response to this consultation will become part of the public record which includes the submissions being made available for public inspection. Dated this 3rd day of September, 2015. Ceri Marlo Manager of Legislative Services DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2014-014-RZ File Manager: Therese Melser Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1.A completed Application Form (Schedule “A” – Development Procedures Bylaw No. 5879-1999) 2.An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. 3.A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) 5. Subdivision plan layout 6. Neighbourhood context plan 7. Lot grading plan 8. Landscape plan*+ 9.Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation*+. *These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reports provided: Geotechnical Report – Valley Geotechnical Environmental Assessment – Envirowest Consultants Storm Water Management Plan – Don Bowins WildFire Development Permit Assessment Report – Diamond Head Consulting 1. - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 6, 2015 and Members of Council FILE NO: 2014-014-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Zone Amending Bylaw No. 7071-2014 13316 235 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to R-1 (Residential District) and RS-1b (One Family Urban (Medium Density) Residential), to permit a subdivision into 13 lots; 8 R-1 (Residential District) bare land strata lots and 5 RS-1b (One Family Urban (medium Density) Residential lots. Council granted first reading to Zone Amending Bylaw No. 7071-2014 on April 14, 2014. This application is in compliance with the Official Community Plan (OCP). As there is no land on the subject property identified for park land in either the Official Community Plan or the Parks Master Plan in accordance with Section 941 of the Local Government Act,, it is recommended that Council require the developer to pay to the City an amount that equals 5% of the market value of the land, as determined by an independent appraisal. RECOMMENDATIONS: 1)That Maple Ridge Zone Amending Bylaw No. 7071-2014 be given second reading, and be forwarded to Public Hearing; 2)That Council require, as a condition of subdivision approval, the developer to pay to the City an amount that equals 5% of the market value of the land, as determined by an independent appraisal, in lieu of parkland dedication in accordance with Section 941 of the Local Government Act; and, 3)That the following terms and conditions be met prior to final reading: i)Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii)Road dedication on Larch Avenue as required; iii)Registration of a Restrictive Covenant for the geotechnical report, which addresses the suitability of the subject property for the proposed development; iv)In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. - 2 - DISCUSSION: 1)Background Context: Applicant: Ed Brett and Paul Hayes Owner: Landmark Enterprises Ltd. Legal Description: Lot 3, Section 28, Township 12, NWD Plan 3007 OCP: Existing: Med-High Density Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: R-1 (Residential District) and RS-1b (One Family Urban (Medium Density) Residential) Surrounding Uses: North: Use: Single Family and Duplex Residential Zone: RT-1 (Two Family Urban Residential), RS-3 (One Family Rural Residential), and RS-1b (One Family Urban (Medium Density) Residential) Designation: Medium Density Residential South: Use: Single Family and Larch Avenue Zone: RS-3 (One Family Rural Residential), and RS-1b (One Family Urban (Medium Density) Residential) Designation: Medium-High Density Residential, Neighbourhood Park, and Conservation East: Use: Single Family and Street Townhouses (new development under construction) Zone: R-1 (Residential District) and RST-SV (Street Townhouse) Designation: Medium-High Density Residential West: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential) Designation: Medium Density Residential Existing Use of Property: Vacant Proposed Use of Property: Single Family Residential Site Area: 0.770 Hectares (1.90 acres) Access: 235 Street and Larch Avenue Servicing requirement: Urban Standard - 3 - 2) Project Description: This subject property (Appendix A) is a remnant parcel and is the last parcel or undeveloped land north of Larch Avenue and west of 235th Street. There is an existing 3.0 metre wide statutory right- of-way for drainage along the northern property boundary serving land to the north, which is to be retained. The preliminary subdivision plan (Appendix C) shows a total of 13 single family residential lots, of which 5 lots are proposed to be zoned RS-1b (One Family Urban (Medium Density) Residential), ranging in size from 557 m² to 635 m² and accessed off of 235th Street. The remainder lot will be part of a bare land strata subdivision into eight (8) lots, ranging in size from 373 m² to 392 m², accessed off of Larch Avenue. The topography of the subject property is challenging with some areas showing 15-25% slopes. The proposed RS-1b (One Family Urban (Medium Density) Residential) lots facing 235 Street follow the existing lot pattern to the north and west of the subject property. This will leave an inaccessible, deeper remainder lot on the eastern portion, which can only be accessed off of Larch Avenue. Further subdivision of this remainder lot is not possible due to the lack of possible fronting public road. Therefore, a subdivision is required utilizing a private road to create the remaining 8 lots. (Appendix C) The proposed R-1 (Residential District) lot sizes within the bare land subdivision arrangement are compatible with lots to the east of the subject property (RZ/075/09). The RS-1b (One Family Urban (Medium Density) Residential) lots facing 235 Street will not have access off the private bare land strata lane. All the off-site upgrades to roads and servicing will be required as a condition of final reading. 3) Planning Analysis: i) Official Community Plan: The subject property is designated Medium-High Density Residential, and is located within the Silver Valley Area Plan between the Forest Hamlet and the River Village. The proposed RS-1b One Family Urban (Medium Density) Residential lots and R-1 (Residential District) zones align with the OCP designation. In February 2012, Council approved a development proposal (RZ/075/09), east of the subject property for 13 single family lots zoned R-1 (Residential District) and 17 street townhouses zoned RST-SV (Street Townhouse – Silver Valley). That application RZ/075/09 included the construction of the new Larch Avenue. The proposal fits with the existing neighborhood context. The proposed zones follow the neighborhood’s pattern and align with the existing OCP designation. An OCP amendment is not required. ii) Zoning Bylaw: The application proposes to rezone the property located at 13316 235 Street to R-1 (Residential District) and RS-1b (One Family Urban (Medium Density) Residential) to permit a subdivsion of 13 lots; 5 R-1 (Residential District) residential lots and 8 bare land strata lots zoned RS-1b (One Family Urban (Medium Density) Residential). The proposed R-1 (Residential District) zone requires a minimum lot size of 371 m2; a minimum lot width of 12 metres and a minimum lot depth of 24 metres. The proposed lots meet the minimum zoning provisions and it is anticipated no Development Variance Permit will be required. The proposed RS-1b (One Family Urban (Medium Density) Residential) zone requires a minimum lot area of 557 m2; a minimum lot width of 15 metres and a minimum lot depth of 27 metres. The maximum - 4 - height permitted in the RS-1b (One Family Urban (Medium Density) Residential - Medium Density) zone is 9.5 metres, and in the R-1 (Residential District) zone is 9.0 metres. The developer may seek in the future a variance for building heights to 11.0 metres as is common in the immediate vicinity. iii)Development Permits: Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for all lands with an average natural slope of greater than 15 percent; Pursuant to Section 8.12 of the OCP, a Wildfire Development Permit application is required for all development and subdivision activity identified in wildfire risk areas. iv)Parkland Requirement: As there are more than two additional lots proposed to be created, the developer will be required to comply with the park dedication requirements of Section 941 of the Local Government Act prior to subdivision approval. No parkland is identified by the OCP or the Parks Master Plan on this site. Therefore Council will require the developer to to pay to the City an amount that equals the market value of 5% of the land required for parkland purposes. The amount payable to the City in lieu of park dedication must be derived by an independent appraisal at the developer’s expense. Council consideration of the cash- in-lieu amount will be the subject of a future Council report. 4)Interdepartmental Implications: i)Fire Department: The application is within the Wildfire Development Permit Area, and the Fire Department has reviewed the development application to start discussion on the wildfire mitigation requirements. An assessment report will be required. Since the property is not against the forest edge, the focus for this property will be on appropriate fire smart construction materials and appropriate landscaping features as prescribed in the fire smart BMP guide. ii)Engineering Department: The Engineering Department has reviewed the development application and has advised that all required off-site services do not exist; therefore, a Rezoning Servicing Agreement is necessary prior to final reading. The Engineering Department will also require a small amount of road dedication on Larch Avenue, in line with the development to the east. iii)Building Department: The Building Department has reviewed the application and commented on the Stormwater Management Plan/Geotech report and Comprehensive Lot Grading Plan. The comments were communicated back to the applicant; the comments that needed to be dealt with immediately are now solved. Restrictive covenants are required for registration of the Stormwater Management Plan and GeoTech report. No-Build/No-Disturb covenant is required for future maintenance of the drainage behind the wall. No part of the proposed retaining wall can encroach the Sewer Right-Of- Way. 5)School District No. 42 Comments: Pursuant to Section 881 of the Local Government Act, consultation with School District No. 42 is required at the time of preparing or amending the OCP. A referral was sent to School District No. 42 on March 5, 2015 and comments have not been received at this point. - 5 - CONCLUSION: It is recommended that second reading be given to Maple Ridge Zone Amending Bylaw No. 7071- 2014, and that application 2014-014-RZ be forwarded to Public Hearing. It is further recommended that Council require, as a condition of subdivision approval, the developer to pay to the City an amount that equals 5% of the market value of the land, as determined by an independent appraisal, in lieu of parkland dedication. *Originally signed by Therese Melser _______________________________________________ Prepared by: Therese Melser Planning Technician *Originally signed by Christine Carter _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning *Originally signed by Frank Quinn _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services *Originally signed by Frank Quinn _______________________________________________ Concurrence: Frank Quinn, MBA, P.Eng Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Maple Ridge Zone Amending Bylaw No. 7071-2014 Appendix C – Subdivision Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Feb 24, 2014 FILE: 2014-014-RZ BY: PC CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 ROLL #73884-0000-X(LARCH AVENUE) APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7071-2014 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7071-2014." 2.That parcel or tract of land and premises known and described as: Lot 3 Section 28 Township 12 New Westminster District Plan 3007 Except: Reference Plan 15218, Plans 66891, LMP46668, LMP47584, BCP10664, BCP42355, EPP9001, AND EPP23139. and outlined in heavy black line on Map No. 1615 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District), and RS-1b (One Family Urban (Medium Density) Residential). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 22nd day of April, 2014. READ a second time the 14th day of July, 2015. PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 1332213243234122345 5234102340723415 23444 2346223417 2348023476 13406 2 3 5 7 5 13350 13366 2 3 5 8 1 2359713343 13371 13340 236052361113376 23658234062341323486 13319 13375 13395 2351313412 13312 2358913319 13339 13367 236292363023638 2340813408 13285 234 4 7 23 4 3 023414 2341113301 13305 13335 13336/40 13370 2355013327 13373 23557 23570235742358223 5 8 5 13359 13363 13326 13260 13382 2362313332 13202 13210 23465 23480 2347913360 13400 2354513321 13339 13363 13332 13360 13245 13346 1335623605 2363923635233752341623456 2 3 4 2 0 23430 234212346913365 13357 2355113305 13318 13283 13351 23613236212361723629236502364523646 13291 23468 13313 13325 2350013409 13418 13390 13313 13317 13345 13349 13346 13356 13227 13277 132952359313315 13331 13375 13312 13350 23 4 2 523405 23450 23426 2349213309 13355 13380 13309 13331 13353 2 3 5 6 3 13322 13328 13289 13325 13355 13380 236462364023637234182346113345 13385 13350 13335 13341 13367 13336 13340 13215 13335 13347 13379 13320 13332 13336 23643B A L S A M S T . CROSS RD. LARCH AVE.BALSAM ST.236 ST.133 AVE.LARCH AVE. 133A AVE.235A ST.235 ST.236 ST.42 26 38 33 32 37 3 6 2 18 25 22 13 15 6 8EPP 2313911 EPP 12189LMP 4340521 17 5 1219 16 P 13167 28 Rem A 4 5 32 9EPP 2313911 23 22 EPP 1248114 4EPP 90017 13 10 4 20 1 36 45 37 24 BCP 10664 34 29 PARK LMP 52145LMP 521454 RP 15218 8 LMP 50571*6 7 14 2 6 4 24 19 26 17 11 EPP 231399 27 21 16 7 6 LMP 5 2 3 3 7 15 23 BCP 315540 1 25 31 27 2 1 31 4 *PP159 Rem 3 33 1 5 35 2928 20 12 5 8 18 17 13 9 22 24 2 30 31 9 BCP 42355 30 8 7 LMP 47584*2 16 9 24 21 3 10 P 47603 4 19 18 14 23 24 PARK 35 10BCP 10664PARK 3 7 PP X4138 38 4 7 1 8 7 P 3742220 2 12 23 15 LMP 50153 BCP 10664 27 28 P 13167 39 26 29 PARK P 24142 6 17 BCS 577 P 3007 1 3 5 15 P 40978 EPP 12481 6 10 3 3 39 26 30 21EPP 1248116 EPP 1218920 15 5 6 14 41 22 3 P 40978 LMP 52145 LMP 50153 30 P 37422 5 2 4 5 10 8 25 19 1 1 2 22 P 47603 3 16 14 11 EPP 23135EPP 12482EPP 9002RW 66892EPP 23135 EPP 12484EPP 12484EPP 12484 EPP 12484EPP 12483BCP 52028 EPP 9002 EPP 12484 LMP 35465LMP50241 EPP 23135 LMP 35465LMP 52146 EPP 9002 BCP 29630EPP 12483EPP 1248 2 EPP 12482 LM P 5 2 3 3 9 BCP44421 EPP 1248 2 E P P 1 2 1 9 0 BCP 29631 LMP 52146EPP 33955´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-3 (One Family Rural Residential) R-1 (Residential District)RS-1b (One Family Urban (Medium Density) Residential) 7071-20141615 APPENDIX C DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2015-212-RZ File Manager: Adrian Kopystynski Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1.A completed Application Form (Schedule “A” – Development Procedures Bylaw No. 5879-1999) 2.An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. 3.A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) 5. Subdivision plan layout 6. Neighbourhood context plan 7. Lot grading plan 8. Landscape plan*+ 9.Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation*+. *These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reports provided: 2. City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: August 31, 2015 and Members of Council FILE NO: 2015-212-RZ FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: First and Second Reading Maple Ridge Zone Amending Bylaw No. 7162-2015 Zoning Bylaw Text Amendment for a “1 km rule” OR to require site specific text amendments for Wine Stores in Grocery Stores. EXECUTIVE SUMMARY: At a Council Meeting held on July 28, 2015, Council directed staff to prepare a report implementing a minimum 1 kilometre distance rule (the 1-km Rule) through a Zoning Bylaw amendment for all future alcohol beverage retailers in Maple Ridge. Council passed the following resolution: That staff be directed to prepare a report on options for the implementation of a minimum one km distance rule for all future beverage alcohol retailers in Maple Ridge. Through the Council discussion, it was acknowledged that the report would also include the actual bylaw amendments. The report provides for two alternative approaches to achieving the 1 kilometre distance rule. The first prohibits alcohol and wine sales in grocery stores (Appendix G) and the second is a general regulation to establish a 1 kilometre distance rule for all future alcohol beverage retailers in Maple Ridge (Appendix H), along with the rationale for the proposed amendments. A third option (status quo) is also included in the report. RECOMMENDATION: 1.That Council proceed with one of the following: (a) Make no changes and maintain the “status quo” with the Liquor Control Licencing Branch regulating the licensing of liquor sales in grocery stores through their regulations and directives; or (b) Amend the Zoning Bylaw to prohibit liquor sales in all grocery stores, such that a site specific Zoning Bylaw amendment would be required for any grocery store wishing to sell wine or other liquor; or (c) Amend the Zoning Bylaw to prohibit the sale of liquor in grocery stores that are located within 1 kilometre of an existing liquor store. and 2.In conjunction with options (b) or (c), if selected, Council grant version 1 or 2 of Maple Ridge Zone Amending Bylaw No. 7162-2015 first and second reading, and forward the bylaw to the September 15, 2015 Public Hearing. 2 DISCUSSION 1.Background Context Council received a letter dated June 18, 2015 from the Alliance of Beverage Licensees (ABLE BC) (see Appendix A) regarding Bill 22, the new Special Wine Store Licence Auction Act (see Appendix B). The Alliance expressed concern about the impact of wine sales in grocery stores on private liquor stores (referred to as “licensee retail stores” under the Liquor Control and Licensing Act and the Liquor Control and Licensing Regulation). The Alliance noted that licences issued under the new Act “are not subject to the 1 kilometre distance rule” and requested that the City “implement a minimum 1 kilometre distance rule for all future beverage alcohol retailers in Maple Ridge.” In reading this report, these terms are included and are described for convenience as follows: Liquor (Licensee) Retail Store (LRS) otherwise known as a Private Liquor Store. At this time, no more of these licences are being issued. BC Liquor Store (BCLS) otherwise known as a Government Liquor Store. Wine Store (WS) licences are for wine stores including winery-operated stores, independent wine stores (IWS), VQA stores and tourist wine stores. At this time, no more of these licences are being issued. VQA Store is a wine store owned and operated by the BC Wine Institute. Special Wine Store licences will be issued through an auction process once Bill 22 Special Wine Store Licence Auction Act is enacted. Also, there are essentially two key points around which much of this report revolves. The first key point is that there are two different legislative changes: (a) the changes to the Liquor Control and Licensing Regulation made by BC Reg 42/2015 on April 1, 2015; and (b) the changes that will be made by the new Act, the Special Wine Store Licence Auction Act, once that Act is brought into force. Both of these legislative changes will allow for liquor sales in grocery stores. The amendments to the Regulation do this by allowing existing wine store licences or licensee retail licences to be changed and to be relocated to within a grocery store. The Special Wine Store Licence Auction Act will also allow wine sales in grocery stores (once it is enacted) by providing for the issuance of a number of new special wine store licences to sell wine in grocery stores. The second key point is that neither of the legislative changes alters the 1 kilometre rule which was, and will continue to be, applicable to licensee retail stores but which was not, and will continue not to be, applicable to wine stores. There are several elements of the ABLE BC letter that may require some clarification. First, as noted above, Bill 22 (the Special Wine Store Licence Auction Act) was enacted on May 14, 2015, but is not yet in force. It is unknown at this time when that Act will be brought into force. Second, while the Special Wine Store Licence Auction Act provides a mechanism by which a limited number of new wine store licences to sell wine in grocery stores will be available through an auction, that Act when enacted will not establish any distance separation rules. Even before the current amendments, wine stores were not subject to a rule requiring them to be located at least 1 kilometre from licensee retail stores. In other words, a wine store could locate next door to a licensee retail store even 3 before Bill 22 was drafted. By contrast, licensee retail stores are subject to a the 1 kilometre separation rule from another licensee retail store and they will remain subject to that rule after the Special Wine Store Licence Auction Act is brought into force. The third thing to note about the ABLE letter is that it does not mention the changes that were made to the Liquor Control and Licensing Regulation by Bill 27 on April 1, 2015. Unlike Bill 22, those regulatory changes are in force, thereby permitting the relocation of existing licensed Wine Stores into grocery stores. In other words, there is no 1-kilometre rule before or after the regulations changed and no provision in Bill 22 once enacted to have a 1-kilometre rule for wine store or special wine store licensees. While the ABLE BC letter does not mention the April 1, 2015 amendments of the Liquor Control and Licensing Regulation, staff assumes that ABLE BC wishes Council to implement a 1 kilometre rule in relation to the relocation of existing wine stores to grocery stores pursuant to those amendments in addition to implementing such a rule in relation to special wine store licences to sell wine in grocery stores under the Special Wine Store Licence Auction Act, once that Act is brought into force. In any event, Council’s resolution of July 28, 2015 directed staff to report on options for implementing a minimum 1 kilometre distance rule that would apply to “all future beverage alcohol retailers in Maple Ridge” This would introduce a restriction that would apply to (a) existing wine stores that wish to relocate to a new location under the Liquor Control and Licensing Regulation; (b) licensee retail stores that wish to relocate to a new location under the Liquor Control and Licensing Regulation; and (c) special wine stores for which new licences are issued once the new Special Wine Store Licence Auction Act is brought into force. The following is further explanation of the regulatory changes that have been made as of April 1, 2015 and of the changes that will be effected by the new Special Wine Store Licence Auction Act once it is brought into force. (a) Old Provincial Regulations Prior to April 1, 2015, the following rules were in place under the Liquor Control and Licensing Regulation: 1.No new licences could be issued for wine stores or licensee retail stores, but existing licences could be amended including for the purpose of allowing the licensee to operate from a different location. 2.Wine store licences could be amended (with approval of the General Manager) to allow relocation of the store to a new location, no matter what distance the new wine store was from another wine store or from a licensee retail store or a government liquor store. 3.Licensee retail store licences could be amended (with approval of the General Manager) to allow relocation of the store to a new location so long as (a) the new location was not within 1 km of another licensee retail store and (b) the new location was not less than 5 km from the location of the old store (if the old store was in another local government’s territorial jurisdiction). 4 4.Wine stores and licensee retail stores could not be located within a building containing another business unless the wine store or licensee retail store had a separate entrance and was separated from other businesses within the building by floor to ceiling walls. 5.Wine stores and licensee retail stores could not appear to be associated with another business. Under the old provincial regulations, existing wine stores could be relocated to any location (no distance separations rules), including locations next to grocery stores or next to licensee retail stores, but could not be located within a grocery store (or within any other store for that matter). Rules 4 and 5 effectively prevented any liquor outlet (whether a wine store or licensee retail store) from locating within another store. Existing licensee retail stores could also be relocated to any location, including locations next to grocery stores or wine stores, subject to the requirement (not applicable to wine store relocations) that the new location was not within 1 kilometre of an existing licensee retail store. Under the old provincial regulations, licensee retail stores (like wine stores) were prevented from being relocated to within any other store, including a grocery store. (b) New Provincial Regulations (i) BC Reg 42/2015 (April 1, 2015) On April 1, 2015, the Province amended the Liquor Control and Licensing Regulation to relax the rules regarding the relocation of existing wine stores and licensee retail stores to allow relocation to within grocery stores. The amendments accomplish this by changing rules 4 and 5 above for grocery stores only. As of April 1, 2015, a wine store licence or a licensee retail store licence can be amended to allow wine stores or licensee retail stores to be located within grocery stores as “stores in stores” or, in the case of certain types of wine store licences, to a “wine on shelf” model. This will be discussed further below. Grocery stores are the only type of store in relation to which the structural and associational rules (rules 4 and 5) of the old provincial regulations have been relaxed by the April 1 amendments. A licensee retail store or a wine store still cannot be located within any other type of store. The relaxation (in relation to grocery stores) of the structural separation rule and the rule prohibiting licensee retail stores or wine stores from appearing to be associated with another store is the main change made by the April 1, 2015 amendments. The April 1, 2015 amendments do not allow the issuance of any new licences: they deal only with licence amendments to allow existing licences to be relocated to new establishments, except to extend the rule so that licensee retail stores are now unable to relocate to within 1 kilometre of another licensee retail store or a government liquor store. The April 1, 2015 amendments also did not change the 1 kilometre distance separation rule. It remains the case that licensee retail store licences cannot be amended to allow relocation to a new location that is within 1 kilometre of another licensee retail store. That remains the case even if the new location is a grocery store. It also remains the case that wine store licences can be amended to allow the wine store to relocate to a new location whether or not that location is within 1 kilometre of another wine store or a licensee retail store. 5 The 5 kilometre rule for the relocation of licensee retail stores was removed by the April 1, 2015 amendments. It is now the case that a licence can be amended to allow a licensee retail store to relocate to another location even if the location of the old store is in another local government jurisdiction and is more than 5 kilometres from the new location. It should be noted that while the 1 kilometre rule for licensee retail stores was not changed by the April 1, 2015 amendments, that rule is not absolute. The General Manager is authorized to grant relief from it under section 14(6) of the Liquor Control and Licensing Regulation. That subsection is as follows: (6) If an application to amend a licence in respect of a licensee retail store to relocate the store does not comply with subsection (5) (a), the general manager may approve that application in one of the following circumstances only: (a) if a licensee proposes to relocate its licensee retail store to a new location that has the same parcel identifier number as the current location, even if the new location is within 1.0 km of another licensee retail store or liquor store or the proposed location of another store; (b) if a licensee proposes to relocate its licensee retail store that is currently within 1.0 km of another licensee retail store or liquor store or the proposed location of another store, and the new location is not closer to the licensee retail store or liquor store or proposed location of another store than the licensee retail store's current location; (c) if a licensee proposes to relocate its licensee retail store and the shortest travelling distance by road between the new location and another licensee retail store or liquor store or the proposed location of another store is 1.0 km or more because of a natural barrier between the new location and the licensee retail store or liquor store or proposed location of another store; (d) if a licensee proposes to relocate its licensee retail store because the licensee retail store was substantially damaged by fire or natural disaster, even if the new location is within 1.0 km of another licensee retail store or liquor store or the proposed location of another store. Section 14(6)(c) has relevance in Maple Ridge, because the Specialty Liquor Store at 160 – 20398 Dewdney Trunk Road could conceivably relocate to within the Safeway at 20201 Lougheed Highway if Council decides not to proceed with a zoning amendment. Specialty Liquor Store at 160 – 20398 Dewdney Trunk Road is currently within 1 kilometre of several other licensee retail stores. If it was relocated to Safeway at 20201 Lougheed Highway, it would be moving to a location that is also within 1 kilometre of those licensee retail stores, but it would be moving further away from them than it was before the move. In those circumstances, the General Manager is authorized to approve the move under s.14(6)(c) despite the new location being within 1 kilometre of a licensee retail store. 6 Following the 2014 Liquor Policy Review undertaken by the Province, the Province published Policy Directive 15-01 (attached as Appendix C) to explain the (then pending) April 1, 2015 regulatory amendments. The Policy Directive describes in the introduction the general key policies reflected in the amendments: The implementation of the Liquor Policy Review (LPR) report recommendations will permit the implementation of liquor sales in grocery stores, effective April 1, 2015. This directive describes the following key policies that will allow liquor and wine sales in grocery stores effective April 1, 2015: Grocery store eligibility has been defined Grocery stores may sell liquor either in a store-within-a-store or 100% BC wine on the shelf, but not both at the same location Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store within- a-store grocery store, subject to distance restrictions The 1 km distance criteria separating LRS’s has been retained and extended to include BCLS’s The regulation restricting LRS relocation outside its local government/First Nation jurisdiction (i.e. the 5 km rule) has been repealed The LRS moratorium has been maintained Wine stores, other than winery-owned and sacramental wine stores, may relocate to grocery stores in either a store-within-a-store model or for the sale of 100% BC wine off store shelves LRS’s and wine stores owned by or located within eligible grocery stores may cobrand. The Policy Directive describes eligible grocery stores as follows: Eligibility to be eligible for liquor sales, a grocery store must have a minimum of 10,000 square feet of space, including storage space, and must be primarily engaged in retailing a general line of foods including canned, dry and frozen food, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, dairy products, baked products and snack foods, and non-liquor beverages. To maintain eligibility, these conditions must continue to be met, along with the following additional requirements: that the sales revenue from food and non-liquor beverages: totals at least 70% of non-liquor sales, and totals at least 50% of all sales, including liquor sales from a retailer located in the grocery store. Convenience stores and multipurpose stores are not eligible. Separate sections are included in the Policy Directive explaining the rules applicable to licensee retail store licensees wishing to relocate to a grocery store and to wine store licensees wishing relocate to a grocery store, in the latter case with an outline of the rules for both the “store in store” model and the “wine on shelf” model. 7 Those sections of the Policy Directive are set out here: Liquor stores within grocery stores The liquor store within the grocery store must be at least 1 km away from any other LRS or BC Liquor Store. Distance is measured from the front door of the other liquor store to the front door of the store within the grocery store, as the crow flies. Liquor stores within grocery stores must be physically separated from the rest of the grocery store with controlled access and separate cash tills within the liquor store. The same shopping cart will be permitted to move between the grocery and liquor stores. The entire perimeter of the licensed area must be identifiable. The majority of the perimeter of the licensed area must be bounded by a fixed and immoveable barrier. For the portion of the perimeter that is not fixed and immovable, the barrier must be sufficient to:  monitor and control entrance to the licensed area,  prevent unaccompanied minors from accessing the area,  secure the retail area when required (i.e. when operating hours for the liquor retail area do not align with grocery store hours), and  identify the main entrance (including what is considered to be the front door) to the licensed area. An eligible grocery store will be able to co-brand with an LRS that is located within the grocery store or with any stand-alone LRS that the eligible grocery store owns, regardless of its location. The grocery store and the associated LRS must be legally affiliated and either the same legal entity or wholly owned subsidiaries of the same legal entity for stand-alone stores. Wine in Store Effective April 1, 2015, wine store licences, other than winery-owned or sacramental wine stores, may be relocated to a grocery store. A wine store licence can relocate within a grocery store, either in a separate store or on shelf. There is no distance restriction between other liquor retail or wine store outlets that prohibits the relocation of a wine store. Wine stores within grocery stores must be physically separated from the rest of the grocery store in the same manner as a liquor store within a grocery store, as described above. The wine store-within-a-store may sell any type of wine that is permitted under the terms and conditions of their licence. For example, an independent wine store can sell any imported or domestic product. A BC VQA store can only sell BC VQA wine. 8 An eligible grocery store will be able to co-brand with a wine store that is located within the grocery store or with any stand-alone wine store that the grocery store owns. The owner of the grocery store and the wine store must be the same legal entity for standalone stores. Wine on Shelf A wine store licence can relocate to a shelf within a grocery store effective April 1, 2015. The wine store licensee must transfer the wine store licence to the grocery store owner. The exception is for BC VQA stores whose licences are held by the BC Wine Institute (BCWI). In that case, the BCWI will continue to hold the licence but must apply to appoint the grocery store as the third party operator. The types of products that may be sold off the shelf will be determined by the type of wine store licence as described below. If the wine store licence allows the sale of only BC VQA wines, then only BC VQA wines can be sold off the shelf. If the wine store licence allows wine to be sold that is made from 100% BC agricultural products, all types of BC wine, including cider, mead and sake, can be sold off the shelf. If the wine store licence allows all types of wine (imported and domestic) to be sold, only 100% BC produced wine (including cider, mead and sake) may be sold off the shelf, and the terms and conditions of the wine store licence will be amended to reflect this restriction. Wine that is sold off the shelf may be purchased at designated tills or regular tills. Regardless of the type of till, the staff making the sale must have Serving it Right certification and be at least 19 years of age. The Policy Directive deals exclusively with the rules applicable to the relocation of existing licences. It does not deal with the new Special Wine Store Licence Auction Act. (ii) Bill 22 (Special Wine Store Licence Auction Act) On May 14, 2015, the Province enacted the Special Wine Store Licence Auction Act. The Act is not yet in force and it is not known when it will be brought into force. When it is brought into force, the Special Wine Store Licence Auction Act (and the yet to be enacted regulations to be made under it) will provide for an auction system by which a limited number of successful bidders will be sold the right to acquire new “special wine store licences” under the Liquor Control and Licensing Act. It is not known how many new licences the Province intends to distribute under this Act. The new licences issued under the Act will allow wine, cider and sake produced from British Columbia products to be sold from approved locations within grocery stores. Like existing wine store licensees who relocate to grocery stores (or to any other location), persons who acquire special wine store licences under the Special Wine Store Licence Auction Act will not be subject to the requirement that the grocery store within which wine, cider and sake is to be sold be located at least 1 kilometre from an existing licensee retail store. 9 Under the Act, “grocery store” is defined as follows: "grocery store" means a store that (a) is primarily engaged in retailing food and non-alcoholic beverages that are specified in the regulations, and (b) has an area of at least 929 square metres; 2.Planning Analysis Location of Existing Liquor Stores and Eligible Grocery Stores: Appendix D shows the locations of existing grocery stores in Maple Ridge that meet the eligibility criteria under the Provincial regulations. It also shows the location of private and government liquor stores (see Appendix E for LCLB category and City Zoning). The proximity of those stores to the eligible grocery stores is shown by a 1 kilometre circle around each grocery store. The following is a list of the eligible grocery stores in Maple Ridge and the private and government liquor stores: Grocery Stores 1.Safeway, located at 20201 Lougheed Highway (Zoned CD-2-98) 2.Overwaitea Foods (Save-on-Foods), located at 20395 Lougheed Highway (C-2) 3.Langley Farmers Market, located at 11935 207 Street (C-2) 4.Extra Foods, located at 22427 Dewdney Trunk Road (C-3) 5.Thrifty Foods, located at 11900 Haney Place (C-3) 6.Overwaitea Foods (Save-on-Foods), located at 22703 Lougheed Highway (C-3) 7.Save-on-Foods (former Cooper’s Foods), located at 23981 Dewdney Trunk Road (C-2) Liquor Stores (Private and Government) A. Specialty Liquor Store, located at 160 20398 - Dewdney Trunk Road (Westgate Mall) B. Maple Ridge Liquor Store, located at 20690 Lougheed Highway (former Buffalo Club) C. Dartford’s Liquor Store, located at 11232 Dartford Street D. The Office Liquor Store, located at 21525 Dewdney Trunk Road E. Firefly Fine Wines and Ales (Maple Ridge) , located at 21755 Lougheed Highway F. Haney Motor Hotel, located at 22222 Lougheed Highway G. Witch of Endor LRS, located at 22648 Dewdney Trunk Road H. Haney (Government Liquor Store #065), located at 300-22709 Lougheed Highway I. Black Sheep Pub Liquor Store, located at 12968 232 Street J. Outpost Liquor Store (The) , located at 23988 Dewdney Trunk Road K. Shake & Shingle Liquor Store, located at 9610 287 Street 10 Zoning Bylaw: Maple Ridge Zoning Bylaw No. 3510-1995 defines the terms “Retail” and “Licensee Retail Store” as follows: RETAIL means a use providing for the sale for final consumption, in contrast to a sale for further sale or processing, and includes accessory manufacturing or assembly of the articles for sale, and excluding adult entertainment and pawnshop use. LICENSEE RETAIL STORE means an establishment with a valid Licensee Retail Store License provided by the Liquor Control and Licensing Branch that is permitted to sell all types of packaged liquor for consumption off the premise. Wine stores engage in retail use falling within the definition of “retail” in the bylaw. Wine stores do not fall within the definition “licensee retail store,” because they are permitted under their licence to sell limited types of packaged liquor. Wine stores are thus currently permitted only in zones in which the use “retail” is allowed. Private liquor stores operate under the provincial regulations pursuant to a licensee retail store licence, a type of licence which is described under the regulations as allowing the sale of all types of packaged liquor (subject to case specific licence limitations). They therefore fit within the definition of “licensee retail store” in the Zoning Bylaw. Accordingly, private liquor stores are currently permitted in those zones in which “licensee retail store” is permitted. The seven eligible grocery stores identified in a previous section are all zoned either COMPREHENSIVE DEVELOPMENT CD-2-98 (permits a grocery store), COMMUNITY COMMERCIAL C-2 and TOWN CENTRE COMMERCIAL: C-3. Are zones in which both “retail” and “licensee retail store” are permitted uses. Other zones where both “retail” and “licensee retail store” are permitted uses include: VILLAGE CENTRE COMMERCIAL C-5, HERITAGE COMMERCIAL H-1, CD-2-85, CD-1-86, CD-1- 87, CD-5-88, CD-6-88, CD-3-92 (permits a grocery store) and the proposed CD-1-13 (located at Brown Avenue and Edge Street currently at 3rd reading). Under the current zoning wine stores or licensee retail stores could both be located within any of the seven grocery stores listed in the previous section. Possible Outcomes if No Zoning Amendment: Wine in Grocery Stores Based on the definition of “eligible grocery store” in the Liquor Control and Licensing Regulation and of “grocery store” in the Special Wine Store Licence Auction Act, certain grocery stores in Maple Ridge would be eligible to have a wine store licence relocated to the store under the Liquor Control and Licensing Regulation as of April 1, 2015 or to have a wine, cider and sake sold in the store pursuant to a special wine store licence issued in respect of its location once the Special Wine Store Licence Auction Act is in force. 11 These grocery stores are as follows: 1.Safeway, located at 20201 Lougheed Highway 2.Overwaitea Foods (Save-on-Foods), located at 20395 Lougheed Highway 3.Langley Farmers Market, located at 11935 207 Street 4.Extra Foods, located at 22427 Dewdney Trunk Road 5.Thrifty Foods, located at 11900 Haney Place 6.Overwaitea Foods (Save-on-Foods), located at 22703 Lougheed Highway 7.Save-on-Foods (former Cooper’s Foods), located at 23981 Dewdney Trunk Road Liquor stores in grocery stores The Liquor Control and Licensing Regulation would prevent any licensee retail store from outside Maple Ridge relocating to any grocery store in Maple Ridge, because the eligible grocery stores are all within 1 kilometre of an existing licensee retail store. However, there appear to be two licensee retail stores in Maple Ridge that could possibly relocate to a Maple Ridge grocery store. The Specialty Liquor Store (Westgate Mall) at 160 – 20398 Dewdney Trunk Road could possibly relocate to Safeway store because it would be moving further away from the other licensee retail stores that are currently within a kilometre from it. The General Manager would have discretion under section 14(6)(c) of the Liquor Control and Licensing Act to approve the move. Second, the General Manager could approve a move by the Outback Liquor Store from its current location at 240th, to Save-on- Foods (former Cooper’s Foods) at 240th Street, because it would not be moving to within a kilometre of another licensee retail store. The Policy Directive augments one aspect of the distance separation rule. Previously exempt, Government liquor stores became subject to the I kilometre separation rule. The following is quoted from the Directive: Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store within- a-store grocery store, subject to distance restrictions The 1 km distance criteria separating LRS’s has been retained and extended to include BCLS’s The Policy Directive sets out the following: BC Liquor Store Relocations Effective April 1, 2015, the one kilometre rule is extended to BC Liquor Stores, prohibiting them from locating within one kilometre of a LRS and vice versa. There is an exception for BC Liquor Stores that already have store relocations in process. If a BCLS can demonstrate they had valid interest the new location prior to February 27, 2015, they will be exempt from the one kilometre rule. The same exception was applied previously to LRS’s when the distance restriction was implemented. 12 Other Municipalities: LCLB staff has indicated a number of municipalities have been prompted by ABLE BC or generally about the absence of a geographic criteria for the licensing of wine sales in grocery stores. The following are some examples or practices in place in other municipalities: Kamloops A bylaw was taken forward to Public Hearing in Kamloops on July 28, 2015, to amend the General Regulations by adding the following provision: “No retail liquor sales may occur within 1 km of another retail liquor sales use (as measured in a straight line form the primary retail entrance to the primary retail entrance).“ Following the Public Hearing, the amendment was defeated on a tie vote. However, there was a more recent motion to bring the matter back for reconsideration and the decision was made to proceed with the bylaw. Vancouver: The City of Vancouver’s Zoning and Development Bylaw defines a “liquor store” and excludes it from “retail” and “commercial” uses. They also have Liquor Store Guidelines, which limit the number of liquor stores within a Local Shopping Area. The City is currently holding all of their “wine-on-the- shelf” applications until they conduct a formal review of their bylaws later this year or in 2016. Pitt Meadows: Staff was directed by Council to contact the City of Pitt Meadows to determine if they intend to apply the 1 km distance restriction on their alcohol retailers, as Council was concerned about the impact of this on the grocery stores located on the west side of Maple Ridge. Their Staff responded on July 29, 2015, that they are looking into the implications of the new regulations. They have forwarded some questions to the LCLB and are awaiting a response before determining their course of action. Staff will inform Maple Ridge of their correspondence moving forward. Burnaby: The City of Burnaby has broader restrictions in place. Their Zoning Bylaw has restricted private and government stores for a number of years. LRS and BCLS are defined and each is allowed in its own separate zone. For example, their General Commercial District (C3) zone permits a wide range of uses, but not a LRS or BCLS. The C3a zone includes all C3 Zone uses plus a BCLS; the C3h zone allows all C3 zone uses plus a LRS. Therefore, any new or an existing liquor and wine store being transferred to a property not allowing these uses is assessed through rezoning on its own merits. Therefore, the recent change in legislation with the absence of the “1-km Rule” does not change the process and wine stores in grocery stores would require rezoning. 13 Coquitlam: Coquitlam’s Zoning Bylaw prohibits liquor sales in grocery or convenience stores and requires stores permitted to sell liquor to be located a minimum of 300 metres (984 feet) from each other and from schools, parks and places of worship. Coquitlam Council is considering these options for retail sales of wine in grocery stores: •Maintain the current prohibition; •Amend to permit BC wines on the sales by grocery stores; or •Amend to permit BC wines on the sales by grocery stores, but apply the 300 metre (983 foot) or some other separation distance requirement. Surrey: The South Point Save-On-Foods in Surrey become the first grocery store in BC where wine is sold in a grocery store. It is a wine on a shelf model. In this location, a BC Wine Institute VQA Wine licence was transferred to establish a “wine-on-shelf” section in the existing store. The front portion of about three food aisles, closest to the check out and customer service desk, have wines on shelve for sale (Appendix F for photos). City of Surrey staff advised that no regulations to limit wine sales in grocery stores are being contemplated at present. Options: Keep the status quo There are no wine store licences in Maple Ridge at present. If a person wished to relocate a wine store to any location in Maple Ridge before the recent amendments to the provincial regulations, they could have done so as long as the site was zoned for “retail” use and so long as the store operated in accordance with the old provincial regulations. Those regulations did not impose a distance separation rule for wine stores, but until the April 1, 2015 amendments they did effectively prohibit liquor from being sold in grocery stores, because they required all liquor retail outlets to be separated from, and not associated with other stores. Recognizing that the 1 kilometre separation rule that is applicable to licensee retail stores was not applicable to wine stores even under the old provincial regulations, one option for Council is to keep the status quo. This would result in the possibility of wine store licences being relocated to any of the seven eligible grocery stores in Maple Ridge. Implement a rule that would prevent liquor sales in any grocery store that is within 1 kilometre of an existing licensee retail store Staff has identified two options if Council wishes to proceed with a bylaw amendment: (a) Outright prohibition of the sale of liquor in grocery stores. Since all of the grocery stores in Maple Ridge that are eligible for liquor sales under the provincial regime are located within 1 kilometre of an existing liquor store, one option is to simply prohibit liquor sales in grocery stores altogether. This option would extend the prohibition to include future grocery stores that may be located more than 1 kilometre from any liquor store, but if such a grocery store is constructed and an application made to locate a wine store or liquor store in it, Council 14 could deal with such a request by considering a site-specific zoning amendment at that time. The amending bylaw to implement this option is attached as Appendix G. (b) 1 kilometre rule This option would involve prohibiting the sale of liquor in any grocery store that is located within 1 kilometre of any existing liquor store. A bylaw to implement this option is attached as Appendix H. Recommendation regarding bylaw amendment options: If Council wishes to proceed with a zoning amendment, staff recommends option (a), the outright prohibition of liquor sales in grocery stores. That option would achieve the same result as a 1 kilometre rule given that all of the existing eligible grocery stores in Maple Ridge are located within a kilometre of an existing liquor store. It also eliminates the need for owners to look beyond the bylaw (to calculate distances) in order to determine the application of the bylaw in a particular case. CONCLUSION ABLE BC wrote to Council about the potential impact of the “1 km Rule” being absent from the requirements considered by the LCLB in the policy to transfer licenses for wine stores to grocery stores. To apply this rule, Council asked for this report to bring forward options to amend the Zoning Bylaw. Given the “1-km Rule” has not applied to wine store licences in the past, one of the options available to Council is to keep the “status quo” and not proceed with a zoning bylaw amendment. The other option is to proceed with a zoning amendment either (a) to prohibit liquor sales in all grocery stores or (b) to prohibit liquor sales in grocery stores that are within 1 kilometre of a liquor store. Zone amending bylaws for both options are attached for Council’s consideration. 15 If Council wishes to proceed with one of the zoning amendment bylaw options, it may give first and second reading of the applicable bylaw at Workshop and direct staff to forward the bylaw to the September Public Hearing. “Original signed by Adrian Kopystynski” ____________________________________________ Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP Planner “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services “Original signed by Kelly Swift” for _______________________________________________ Concurrence: Paul Gill, Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Letter from Alliance of Beverage Licensees (ABLE BC) Appendix B – Bill 22 Appendix C Policy Directive 15-01 Appendix D – Map of Liquor Stores and Eligible Grocery Stores Appendix E – LCLB issued licences Private Liquor Store & BC Liquor Store Locations in Maple Ridge Appendix F – South Surrey Save-on-Foods “Wine on Selves” Appendix G – Zone Amending Bylaw No. 7162-2015 for prohibiting liquor sales in all grocery stores Appendix H – Zone Amending Bylaw No. 7162-2015 for establishing 1 kilometre prohibition APPENDIX A APPENDIX B Liquor Control and Licensing Branch POLICY DIRECTIVE No: 15 - 01 February 26, 2015 To: All LCLB staff All Industry Associations All Local Government, First Nations, and Police Agencies Re: Liquor Policy Review Recommendations #19 and 20: Phased-in Implementation of Liquor in Grocery stores Introduction The implementation of the Liquor Policy Review (LPR) report recommendations will permit the implementation of liquor sales in grocery stores, effective April 1, 2015. This directive describes the following key policies that will allow liquor and wine sales in grocery stores effective April 1, 2015: Grocery store eligibility has been defined Grocery stores may sell liquor either in a store-within-a-store or 100% BC wine on the shelf, but not both at the same location Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store- within-a-store grocery store, subject to distance restrictions The 1 km distance criteria separating LRS’s has been retained and extended to include BCLS’s The regulation restricting LRS relocation outside its local government/First Nation jurisdiction (i.e. the 5 km rule) has been repealed The LRS moratorium has been maintained Wine stores, other than winery-owned and sacramental wine stores, may relocate to grocery stores in either a store-within-a-store model or for the sale of 100% BC wine off store shelves LRS’s and wine stores owned by or located within eligible grocery stores may co- brand Statutory Authority and Policy Rationale Government has approved regulations setting out an application lottery procedure for the initial relocation applications. Sections 14.01, 14.02 and 14.03 have been added to the regulations. The new sections of the regulations have been posted to the LCLB website at www.pssg.gov.bc.ca/lclb. Government intends to bring into force the necessary regulations prior to the April 1, 2015 implementation date to allow the movement of liquor and wine into grocery stores. The policy outcomes of these additional regulations are reflected below. APPENDIX C The following summarizes changes to the policies and regulations and describes the eligibility criteria, application period, application process, and related procedures. Grocery stores Eligibility To be eligible for liquor sales, a grocery store must have a minimum of 10,000 square feet of space, including storage space, and must be primarily engaged in retailing a general line of foods including canned, dry and frozen food, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, dairy products, baked products and snack foods, and non-liquor beverages. To maintain eligibility, these conditions must continue to be met, along with the following additional requirements: that the sales revenue from food and non-liquor beverages:  totals at least 70% of non-liquor sales, and  totals at least 50% of all sales, including liquor sales from a retailer located in the grocery store.1 Convenience stores and multipurpose stores are not eligible. Liquor stores within grocery stores The liquor store within the grocery store must be at least 1 km away from any other LRS or BC Liquor Store. Distance is measured from the front door of the other liquor store to the front door of the store within the grocery store, as the crow flies. Liquor stores within grocery stores must be physically separated from the rest of the grocery store with controlled access and separate cash tills within the liquor store. The same shopping cart will be permitted to move between the grocery and liquor stores. The entire perimeter of the licensed area must be identifiable. The majority of the perimeter of the licensed area must be bounded by a fixed and immoveable barrier. For the portion of the perimeter that is not fixed and immovable, the barrier must be sufficient to:  monitor and control entrance to the licensed area,  prevent unaccompanied minors from accessing the area,  secure the retail area when required (i.e. when operating hours for the liquor retail area do not align with grocery store hours), and  identify the main entrance (including what is considered to be the front door) to the licensed area. An eligible grocery store will be able to co-brand with an LRS that is located within the grocery store or with any stand-alone LRS that the eligible grocery store owns, regardless of its location. The grocery store and the associated LRS must be legally affiliated and either the same legal entity or wholly owned subsidiaries of the same legal 1 Original wording was revised on March 17th, 2015 to clarify the eligibility requirements for grocery stores. entity for stand-alone stores.2 Wine in Store Effective April 1, 2015, wine store licences, other than winery-owned or sacramental wine stores, may be relocated to a grocery store. A wine store licence can relocate within a grocery store, either in a separate store or on shelf. There is no distance restriction between other liquor retail or wine store outlets that prohibits the relocation of a wine store. Wine stores within grocery stores must be physically separated from the rest of the grocery store in the same manner as a liquor store within a grocery store, as described above. The wine store-within-a-store may sell any type of wine that is permitted under the terms and conditions of their licence. For example, an independent wine store can sell any imported or domestic product. A BC VQA store can only sell BC VQA wine. An eligible grocery store will be able to co-brand with a wine store that is located within the grocery store or with any stand-alone wine store that the grocery store owns. The owner of the grocery store and the wine store must be the same legal entity for stand- alone stores. Wine on Shelf A wine store licence can relocate to a shelf within a grocery store effective April 1, 2015. The wine store licensee must transfer the wine store licence to the grocery store owner. The exception is for BC VQA stores whose licences are held by the BC Wine Institute (BCWI). In that case, the BCWI will continue to hold the licence but must apply to appoint the grocery store as the third party operator. The types of products that may be sold off the shelf will be determined by the type of wine store licence as described below. If the wine store licence allows the sale of only BC VQA wines, then only BC VQA wines can be sold off the shelf. If the wine store licence allows wine to be sold that is made from 100% BC agricultural products, all types of BC wine, including cider, mead and sake, can be sold off the shelf. If the wine store licence allows all types of wine (imported and domestic) to be sold, only 100% BC produced wine (including cider, mead and sake) may be sold off the shelf, and the terms and conditions of the wine store licence will be amended to reflect this restriction. 2 Original wording was revised on May 13, 2015 to clarify the corporate relationship requirement for eligible grocery store to co-brand with stand-alone stores. Wine that is sold off the shelf may be purchased at designated tills or regular tills. Regardless of the type of till, the staff making the sale must have Serving it Right certification and be at least 19 years of age. Floor plans/separation requirements for wine on the shelf The licensee is responsible for determining their product display area and the tasting area, if tastings are offered. The product display area does not need to be bounded and may encompass a variety of shelf configurations such as a small corner of the store, a kiosk, multiple shelves on one or both sides of an aisle, etc. as long as the following conditions are met:  All product to which the public has access must be within one contiguous product display area within the grocery store; separate “wine sections” are not permitted.  The liquor must be able to be secured and inaccessible to the public during the hours that liquor is not available for sale (e.g. when licensed hours do not align with the grocery store’s hours of operation) The licensee may move the product display area within the grocery store without notifying the Branch, as long as it continues to meet the above-noted conditions. Liquor inventory may be securely stored within the non-public areas of the store (i.e. stockroom) or in an approved off-site storage using the form found here: http://www.pssg.gov.bc.ca/lclb/docs-forms/LCLB027.pdf). The licensee must submit a security plan to the LCLB indicating how they will guard against shop-lifting and ensure minors do not access the product on the shelf. One tasting area is permitted. It must be immediately adjacent to the product display area and must be defined by a physical barrier (e.g. ropes and stanchions). Only product sold off the shelves may be offered for tasting. For additional information about tastings, please refer to the guidebook for wine store licensees at http://www.pssg.gov.bc.ca/lclb/docs-forms/guide-winestore.pdf. Liquor Retail Stores LRS distance and relocation criteria Effective April 1, 2015 the restriction that limited LRS relocation to its own local government/First Nation jurisdiction or up to five kilometers if moving outside the jurisdiction will be eliminated. LRS’s can now apply to relocate anywhere in the province. The regulation prohibiting the relocation of a LRS to within one kilometre of another LRS has been maintained. BC Liquor Store Relocations Effective April 1, 2015, the one kilometre rule is extended to BC Liquor Stores, prohibiting them from locating within one kilometre of a LRS and vice versa. There is an exception for BC Liquor Stores that already have store relocations in process. If a BCLS can demonstrate they had valid interest the new location prior to February 27, 2015, they will be exempt from the one kilometre rule. The same exception was applied previously to LRS’s when the distance restriction was implemented. Application Process to relocate liquor stores from February 27 to March 27, 2015 The elimination of the 5 kilometre restriction may create an initial surge of LRS relocation applications. Due to the 1 km rule, it is critical to determine the order of applications. This is because applications assessed first may negatively affect applications assessed later if the proposed sites are within close proximity. To ensure a fair process, Sections 14.01, 14.02 and 14.03 have been added to the regulations. These sections establish a lottery system to determine the order of applications. Relocation Lottery LRS licensees and BC Liquor Stores will have a four week window from February 27 to March 27, 2015 to apply to relocate. All complete applications received during this window will be placed in the lottery with the order of applications determined on April 1, 2015 and then communicated to applicants. Incomplete applications will not be entered into the lottery and will be dealt with after the lottery applications are processed. On Friday 27 February 2015, the Liquor Control and Licensing Branch (LCLB) will no longer accept applications for consideration under the previous rules and procedures. From Friday 27 February until 4:30pm on Friday 27 March 2015, all LRS and BCLS relocation applications received by the LCLB will be set aside to determine eligibility for the lottery. Applicants wishing to be included in the lottery process must download an updated application form package which lays out instructions and criteria for submitting a complete application. Other than for processing payments, the LCLB will not be contacting applicants until after the lottery takes place on April 1, 2015. Only one application may be submitted per LRS licence number or BCLS store number. Once the application package has been submitted, the LCLB will not accept amendments to the application. Applicants have the option of contacting the LCLB to terminate their application if they wish to withdraw and submit a new application package during the lottery window; application fees will not be refunded. If an applicant submits a second application without cancelling the first one, the second application will be returned to the applicant. Any applications received by the LCLB after 4:30pm on Friday 27 March 2015, will be reviewed and considered in the order they are received, but only following all the applications received during the lottery intake period. LCLB staff will determine the applications that are eligible to be placed into the lottery. Eligible and ineligible applicants will be notified regarding their status and any options for going forward, but not prior to the lottery being completed. Eligible applications will have their LRS licence number or BCLS store number entered into the lottery. On April 1, 2015, the LCLB will conduct the lottery to determine the order in which eligible applications will be reviewed and considered for relocation. The procedures for the lottery draw are attached as Appendix A. If an application is unsuccessful because it is within 1 km of another application drawn earlier in the lottery, the application fee will be returned to the unsuccessful applicant. The application fee will not be refundable if the proposed location is within 1 km of a LRS or BCLS whose address was posted on the LCLB website prior to February 27, 2015. Complete Applications Only complete applications will be eligible to be entered into the lottery. To be complete, the application must include: 1. The application form, with all fields completed 2. The application fee of $330 3. Proof of valid interest for the proposed LRS or BC Liquor Store location 4. Scaled site plan of the proposed liquor store site showing all the buildings and entrances of those buildings, including any street names. The location for the front entrance door of the proposed LRS establishment must be identified on the site plan. 5. Photographs showing the proposed site 6. Grocery Store Declaration if the proposed liquor store site is located within a grocery store. Applicants will not be advised if their application is incomplete until after the lottery has been concluded. The application form, application guide, application checklist, grocery store declaration can be found at http://www.pssg.gov.bc.ca/lclb/policy/relocation.htm. The onus is on the applicant to ensure that all requirements set out in the application materials are complete and received at the Liquor Control and Licensing Branch no later than 4.30 p.m. on March 27, 2015. Any application received after that time will not be eligible to be entered into the lottery regardless of the reason. Failure to provide the above documentation will result in an incomplete application with the following consequences:  Incomplete applications will not be reviewed for compliance with the 1 km distance criteria  Incomplete applications will not secure your proposed site or the 1 km radius surrounding it  Incomplete applications will not be put into lottery Structural changes and relocations Structural changes are changes to existing construction, and are defined in detail in section 6.2.1 of the Liquor Licensing Policy Manual. Where an LRS proposes to move to an address at the same site and within the existing building (with the same parcel identifier number) or to a location that is attached to or abutting the existing building, this is considered a structural change application. A structural alteration that meets this criteria is not considered a relocation and is not subject to the 1 km distance restriction. If a LRS or BCLS is attached to or abutting an eligible grocery store, they can apply for a structural alteration to remove the wall to create a store-in-store liquor store. The LRS or BCLC can submit an application for structural change as of February 27, 2015, together with the Grocery Store Declaration. The licensee cannot begin structural alterations until they have received approval in principle from LCLB. The final approval to complete the licensing of the store-within-a store cannot be concluded prior to April 1, 2015 when the prohibition against a LRS co-branding with an eligible grocery store is eliminated. LRS Applications after March 27, 2015 All LRS relocation applications received after 4.30 p.m. on March 27, 2015 will be reviewed in the date order they are received and only after the applications received during the lottery intake period. Further Information Further information regarding liquor control and licensing in British Columbia is available on the Liquor Control and Licensing Branch website at http://www.pssg.govbc.ca/lclb. If you have any questions regarding these changes, please contact the Liquor Control and Licensing Branch toll free in Canada at 1-866-209-2111 or 250 952-5787 if calling within the Victoria area. Original signed by: Douglas Scott Assistant Deputy Minister and General Manager DATE: Aug 10, 2015FILE: GroceryLiquorStores.mxdGrocery and Liquor StoresCity of PittMeadowsDistrict ofLangleyDistrict of MissionFRASER R.^PLANNING DEPARTMENT´KanakaCreekKanakaCreekWhonnockLakeWhonnockCrWhonnockCrNorAlouetteRivAlouette Riv erNorthAlouetteRiver Fraser RiverFraser RiverFraser RiverA louetteRiver203 ST 216 ST124 AVELAITY ST123 AVE224 ST132 AVE128 AVEFERN256 ST248 ST284 ST104 AVE272 ST272 ST112 AVE264 ST100 AVE256 ST240 ST112 AVE232 ST128 AVEGOLDENWAYEARS132 AVEHANEY BYPASS207 ST 210 ST232 ST232 ST228 ST240 ST248 ST104 AVE102 AVE280 ST264 STLOUGHEED HWYDEWDNEY TRUNK RDDEWDNEY TRUNK RDLOUGHEED HWYLOUGHEED HWYGOLDEN EARS W A YCity of Maple RidgeCity of Maple RidgeCity of Pitt MeadowsDistrict of Mission!(!(!(!(!(!(")")")")")")")")")")")!(CKID3AJEBHFG746215The City of Maple Ridge makes no guaranteeregarding the accuracy or present status ofthe information shown on this map.Scale: 1:45,000BY: DTLegend!(Grocery Store and 1 Km Radius")Liquor StoreA - Specialty Liquor Store 160- 20398 DEWDNEY TRUNK RDB - Maple Ridge Liquor Store 20690 LOUGHEED HWYC - Dartford’s Liquor Store 11232 DARTFORD STD - The Office Liquor Store 21525 DEWDNEY TRUNK RDE - Firefly Fine Wines and Ales (Maple Ridge) 21755 LOUGHEED HWYF - Haney Motor Hotel 22222 LOUGHEED HWYG - Witch of Endor LRS 22648 DEWDNEY TRUNK RDH - #065 BC Liqour Store 300-22709 LOUGHEED HWYI - Black Sheep Pub Liquor Store 12968 232 STREETJ - Outpost Liquor Store (The) 23988 DEWDNEY TRUNK ROADK - Shake & Shingle Liquor Store 9610 287 STLiquor StoresGrocery Stores1 - Safeway located at 20201 Lougheed Highway2 - Overwaitea Foods (Save-on-Foods) located at 20395 Lougheed Highway3 - Langley Farmers Market located at 11935 207 Street4 - Extra Foods located at 22427 Dewdney Trunk Road5 - Thrifty Foods located at 11900 Haney Place6 - Overwaitea Foods (Save-on-Foods) located at 22703 Lougheed Highway7 - Save-on-Foods (former Cooper’s Foods) located at 23981 Dewdney Trunk RoadAPPENDIX D 16 APPENDIX E: Private Liquor Store and BC Liquor Store Locations MAP LOCATION NAME ADDRESS CATEGORY ZONING A SPECIALTY LIQUOR STORE 160- 20398 DEWDNEY TRUNK RD Private Liquor Store C-2 B MAPLE RIDGE LIQUOR STORE 20690 LOUGHEED HWY Private Liquor Store C-2 C DARTFORDS LIQUOR STORE 11232 DARTFORD ST Private Liquor Store C-4 D THE OFFICE LIQUOR STORE 21525 DEWDNEY TRUNK RD Private Liquor Store C-4 E FIREFLY FINE WINES AND ALES (MAPLE RIDGE) 21755 LOUGHEED HWY Private Liquor Store C-2 F HANEY MOTOR HOTEL 22222 LOUGHEED HWY Private Liquor Store C-3 G WITCH OF ENDOR LRS 22648 DEWDNEY TRUNK RD Private Liquor Store C-3 H HANEY GLS 065 300 - 22709 LOUGHEED HWY BC Liquor Store C-3 I BLACK SHEEP PUB LIQUOR STORE 12968 232 STREET Private Liquor Store CS-1 J OUTPOST LIQUOR STORE (THE) 23988 DEWDNEY TRUNK ROAD Private Liquor Store CS-1 K SHAKE & SHINGLE LIQUOR STORE 9610 287 ST Private Liquor Store C-4 Source: Liquor Control and Licensing Branch (August 4, 2015) http://www.pssg.gov.bc.ca/lclb/licensed/liquor_retail_location.htm APPENDIX E 17 Appendix F South Surrey Save-on-Foods “Wine-on-Shelves” section APPENDIX F CITY OF MAPLE RIDGE BYLAW NO. 7162-2015 A Bylaw to prohibit liquor sales in grocery stores ___________________________________________________________ WHEREAS it is deemed expedient to amend Maple Ridge Bylaw No. 3510-1985; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: Citation 1.This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7162-2015.” Amendments 2.Maple Ridge Zoning Bylaw No. 3510-1985 is amended by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3): (g) The sale in or from a grocery store, or in or from a store located in a grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes. READ a first time the 31st day of August, 2015. READ a second time the 31st day of August, 2015. PUBLIC HEARING held the day of 2015. READ a third time the day of 2015. ADOPTED, the day of 2015. PRESIDING MEMBER CORPORATE OFFICER APPENDIX G CITY OF MAPLE RIDGE BYLAW NO. XXXX-XXXX A Bylaw to prohibit liquor sales in grocery stores within one kilometre of a liquor store __________________________________________________________________________ WHEREAS it is deemed expedient to amend Maple Ridge Bylaw No. 3510-1985; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: Citation 1.This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7162-2015.” Amendments 1.Maple Ridge Zoning Bylaw No. 3510-1985 is amended by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3): (g) The sale in or from an ineligible grocery store, or in or from a store located in an ineligible grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes, and for this purpose “ineligible grocery store” means a grocery store any part of any public entrance to which is located within 1 kilometre, measured in a straight line, from any part of any public entrance to a Licensee Retail Store or government liquor store that is carrying on business when sales referred to in this section commence. READ a first time the day of 2015. READ a second time the day of 2015. PUBLIC HEARING held the day of 2015. READ a third time the day of 2015. ADOPTED, the day of 2015. _______________________________ ________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX H