The Corporation of Delta COUNCIL REPORT Regular Meeting. File No.: Bylaw No.:

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1 E.04 The Corporation of Delta COUNCIL REPORT Regular Meeting To: Mayor and Council File No.: LU From: Community Planning & Development Department Date: March 13, 2015 Bylaw No.: 7420 Zoning Text Amendment to Comprehensive Development Zone No. 220 and Development Variance Permit at # Street (Century Group Lands Corp.) The following report has been reviewed and endorsed by the Chief Administrative Officer... RECOMMENDATIONS: A. THAT first and second readings be given to Zoning Amendment Bylaw No B. THAT the application for Development Variance Permit LU be received. C. THAT Bylaw NO and Development Variance Permit LU be referred to a Public Hearing. D. THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development... PURPOSE: The purpose of this report is to present for Council's consideration Zoning Amendment Bylaw NO (Attachment A), and a development variance permit for # Street to permit a pharmacy to operate on the subject property, within 400 m (1,312 ft) of another property containing an existing pharmacy or drug store use. A location map is provided in Attachment B... BACKGROUND: Site Description and Context: This 1.7 hectare (4.3 acre) property contains the Windsor Woods mixed-use commercial and residential development which is comprised of several buildings within the Tsawwassen Town Centre area. The subject address is located in a centrally located building within the complex which contains several ground-level commercial strata units with residential units above. Adjacent uses include a mixture of core commercial and mixed-use commercial-residential to the south and east, multiple family residential to the north, and Highland Park and single family residential to the west.

2 Page 2 of 5 # Street (Century Group Lands Corporation) LU March 13,2015 Council Policy: The Official Community Plan designation for this site is MU(T)2 Mixed Use (Tsawwassen) 2 which is intended for multiple-family residential as a primary use, and retail office and office commercial, cultural entertainment, and institutional uses as secondary uses. The proposed pharmacy use is consistent with the retail and office uses provided for under this designation. Council adopted Bylaw No in 2011 and No in 2012 to amend "Delta Zoning Bylaw No. 2750, 1977" to include definitions of pharmacy and polyclinic, and to establish a minimum 400 m (1,312 ft) spacing requirement between drug stores and pharmacies in order to regulate the locations of such businesses in Delta. Corresponding amendments were made to "Delta Business Licence Bylaw No. 4019, 1986" with the adoption of Bylaw No in DISCUSSION: Proposal: The applicant is proposing to open a Medicine Shoppe franchised pharmacy at # Street, in one of the ground-level commercial units in the building. A site plan is included as Attachment C. A zoning text amendment is required to the Comprehensive Development Zone No. 220 to add 'Pharmacy' to the list of permitted uses within the zone. A development variance permit is also required to permit the pharmacy to locate within the required 400 m (1,312 ft) separation distance from another lot containing an existing pharmacy or drug store use. A project data table is provided in Attachment D. Community Consultation: A public notification letter about the proposal was sent to neighbouring properties on January 9, 2015 and a public notice sign was installed on the site on January 30, To date, responses from six households that are opposed to the application have been received out of a total of over 900 notification letters sent within the notification area. The common concerns raised include a perception that noise, traffic, and parking would increase as a result of the pharmacy locating at the subject address; and that a new pharmacy is not needed as the area is already well served by existing pharmacies and drug stores. Staff note that parking is provided on the subject property for retail and commercial tenants in accordance with the parking requirements in Delta's Zoning Bylaw, and would not be impacted by the proposed pharmacy use. In response to the number of existing drug stores and pharmacies in the area, the applicant has noted that they are proposing a different business model that would specifically focus on personalized health and pharmaceutical care. Should any further comments be received, they will be provided to Council as on-table items. Zoning:. The owner is requesting a text amendment to the Comprehensive Development Zone No. 220 to permit a pharmacy to operate on the subject property. A 'Retail Trade' use which permits a 'Drug Store' and 'Office Operation' are current permitted uses in the existing Comprehensive Development Zone No A 'Retail Trade' is interpreted in

3 Page 3 of 5 # Street (Century Group Lands Corporation) LU March 13, 2015 "Delta Zoning Bylaw No. 2750, 1977" to mean the use of land, buildings and structures for the purpose of buying of commodities for resale to the general public for personal or household consumption including drug stores and a variety of other retail stores, but excludes 'Methadone Clinics', 'Methadone Dispensaries' and 'Pharmacies' unless the 'Pharmacy' is located within but occupies less than 35 percent of the gross floor area of a drug store, food store, or department store. A 'Drug Store' is interpreted to mean a retail store containing a 'Pharmacy', that fills a broad range of prescriptions and devotes at least 65 percent of its gross floor area to the display and sale of general merchandise, and health and beauty products, other than prescription drugs, and which does not include a 'Methadone Dispensary'. Medical clinics and healthcare professional offices are typically considered as "Office Operation" uses. As the proposed pharmacy would not be located within or be part of a drug store or other retail store, and would not include the display and sale of general merchandise and other non-prescription products, a zoning text amendment to include 'Pharmacy' as a permitted use in the Comprehensive Development Zone No. 220 is required to permit the proposed pharmacy to operate. Development Variance Permit: The owner is requesting a development variance permit to vary Section 706 of the Delta Zoning Bylaw by reducing the minimum distance between a pharmacy and any lot line of a lot occupied by a drug store, polyclinic containing a drug store, or food or department store containing a pharmacy, or any stand-alone pharmacy from 400 m (1,312 ft) to' 165 m (541 ft). The proposed pharmacy is located within a distance of 165 m (541 ft) from a property to the south-east which contains an existing drug store (Pharmasave) and is also located within 218 m (715 ft) of another property containing a drug store (Shoppers Drug Mart) near the corner of 56 Street and 12 Avenue (Attachment E). The applicant has provided a letter (Attachment F) stating that the proposed pharmacy would operate differently than the existing large-format drug store retailers in the local area by focusing on a personal level of care and healthcare instead of being a component of larger general merchandise and food retail businesses. The pharmacy would not be dispensing Methadone or Oxycodone. Further, they note that the subject address would allow the proposed pharmacy to be located within an area of Tsawwassen where future increased density is anticipated, affordable housing choices are encouraged, and in close proximity to elderly residents and other retailers and service providers. Parking for the pharmacy's clients and patients would be provided at ground level in front of the subject address and in a parkade located on the property. The application was referred to the Delta Police and the College of Pharmacists of British Columbia, as the regulatory body for pharmacies and pharmacists in British Columbia. Delta Police had initial concerns in relation to the storage and dispensing of Methadone. However, they noted that the proposed pharmacy would not be conducting this type of business and have researched the organization and the operator. They have no concerns with the proposed pharmacy. The College of Pharmacists of British Columbia did not provide any comments in relation to the proposed pharmacy; however,

4 Page 4 of 5 # Street (Century Group Lands Corporation) LU March 13, 2015 the operator is required to obtain a licence from the College prior to commencing operations under the Provincial Pharmacy Operations and Drug Scheduling Act. Staff have no concerns with the variance and zoning text amendment as the number of pharmacies and drug stores in Tsawwassen is limited to four: one independent pharmacy; two large-format drug stores (Pharmasave and Shoppers Drug Mart) and a pharmacy located within a supermarket (Save on Foods). For comparison, there are 18 pharmacies and drug stores located in North Delta, with 16 of those located on 120 Street. A drug store is also currently permitted as a 'Retail Trade' under the existing Comprehensive Development Zone No. 220, subject to the 400 m (1,312 ft) separation distance requiremeots of Section 706 of the Zoning Bylaw. The proposed pharmacy is also similar in nature to permitted retail and office uses in the existing zone. Parking requirements and impacts would be unaffected by the proposed use. Implications: Financial Implications - There are no financial implications to Delta. Interdepartmental Implications - A building permit is required for the proposed interior tenant improvements..) '.,.., Intergovernmental Implications - Should approval be given for a zoning text amendment and a development variance permit issued, a licence from the College of Pharmacists of British Columbia is required for the operation of the proposed pharmacy. CONCLUSION: The owner has applied for a zoning text amendment to the Comprehensive Development Zone No. 220 to include 'Pharmacy' as a permitted use and a development variance permit to vary the millimum distance between a new pharmacy and a lot containing an existing pharmacy or drug store from 400 m (1,312 ft) to 165 m (541 ft), in order to permit a pharmacy to locate and operate at # Street. As no concerns have been raised by staff and external agencies in relation to public health and safety, the proposed pharmacy use is consistent with the Official Community Plan designation and similar to the current permitted uses in the Comprehensive Development Zone No. 220; it is recommended that Council receive development variance permit LU007353, give first and second readings to Bylaw No. 7420, and refer Bylaw No and Development Variance Permit LU to a Public Hearing. ~ Jeff Day, P.Eng. Director of Community Planning & Development Department submission prepared by: Jimmy Ho, Planner JH/js

5 Page 5 of 5 # Street (Century Group Lands Corporation) LU March 13, 2015 II ATTACHMENTS: A. Bylaw No B. Location Map C. Site Plan D. Project Data Table E. Map of Pharmacies and Drug Stores in Tsawwassen F. Applicant's Rationale Letter G:\Current Development\LU FILES\LU007\LU007353\Council\1 st and 2nd Report.docx

6 THE CORPORATION OF DELTA Attachment A Page 1 of 1 BYLAW NO A Bylaw to amend the "Delta Zoning Bylaw No. 2750, 1977" The Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as "Delta Zoning Bylaw No. 2750, 1977 Amendment (C.D Century Group Lands Corporation - LU007353) Bylaw No. 7420, 2015." 2. "Delta Zoning Bylaw No. 2750, 1977", Part VillA, C.D. 220 Zone, as amended, is hereby further amended as follows: (a) By inserting "Pharmacy" in alphabetical order to the list of "PERMITTED USES:" under "2.1.2 Commercial - Subject to General Regulations Commercial Zone in Part VII, limited to:". READ A FIRST time the READ A SECOND time the PUBLIC HEARING waived the READ A THIRD time the day of day of day of day of,2015.,2015.,2015.,201. FINALLY CONSIDERED AND ADOPTED the day of,201. Lois E. Jackson Mayor Robyn Anderson Municipal Clerk

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9 Project Data for # Street (LU007353) Attachment 0 Page 1 of 1 Owner Century Lands Group Corporation Applicant Medicine Shoppe Canada Real Estate Corporation Application Date December 16, 2014 Existing Proposed Regional Growth Strategy General Urban No change Designation OCP Designation: Schedule A TC Town Centre No change Schedule 0.1 (Tsawwassen MU(T)2 Mixed Use No change Area Plan) T sawwassen 2 Development Permit Area SOiA N/A Zoning Comprehensive Development No change Zone No. 220 Lot Size 1.7 ha (4.3 ac) No change Permitted under CD 220 Zone Proposed Text Amendment Permitted Uses Commercial Uses: Addition of "Pharmacy" to the "Retail Trade" list of permitted commercial "Office Operation" uses Restaurant "Personal Services" Child Care and Pre-school Facilities Cultural Exhibits and Activities Art Gallery Variances Required Proposed Zoning Bylaw: Section m (1,312 ft) 165 m (541 ft) Required separation distance between a pharmacy and any lot line of a lot occupied by a pharmacy, drug store, polyclinic containing a drug store, or food store or department store containing a pharmacy.

10 Attachment E Page 1 of 1 e Licence Issued f::t Under Appli o 400m Buffer o 100m SCALE -- G:ICurrent OevelopmentlLU FILESILU007ILU rawingsILU007353_ Tsawwassen Pharrnacies.dwg, 3/16/ :32 :45 PM, SmilhK

11 Attachment F Page 1 of4 PHARMAOY To The Corporation of Delta Re: LU # Street, Tsawwassen, B.C. Medicine Shoppe is the only franchise retail pharmacy operation in North America, now with 200 stores across Canada. Started in 1972 in the US and 1992 in Canada, Medicine Shoppe offers a unique operating system specific to h ealth care focused pharmacy. We believe that Tsawwassen and most Canadian communities would benefit from the philosophy of care in place at Medicine Shoppe. Our pharmacy is different from typical big box retail outlets which have become mass merchandisers, grocers, and cosmetic centres. In contrast, Medicine Shoppe is all about healthcare. While other pharmacies already exist in the community, we believe our stores and owners offer a very personal level of care. Our pharmacist owners take the time to get to know their patients, their families, and their medical histories. Our pharmacists focus on healthcare advice, consultation and counseling pertaining to their patients' individual needs. It is our belief that residents of Tsawwassen will benefit greatly from having this unique option to meet their pharmacy needs. (See Pamphlet and Booklet for more information). Securing suitable space in markets in smaller markets are often blocked for various reasons, sometimes by restrictive covenants of other operators in large properties or by municipal covenants that may be in place to prevent unsuitable operators from opening in their jurisdictions. In this specific case, Medicine Shoppe requires the Corporation to relax the distance between the proposed pharmacy to the lot line of the nearest lot occupied by a pharmacy or drug store and to specifically amend the zoning of the property to include a pharmacy use. We have estimated the distance to the nearest property line to be 165 metres, while Section 706 of the Delta Zoning Bylaw requires a minimum separation distance of 400 metres. However, the actual location of the nearest drug store within the property in question is actually about 350 metres away, by our calculations. With the Tsawwassen Town Centre supporting increased density and affordable housing choices, proximity to this market and its occupants by service providers is limited. This application proposes Medicine Shoppe to open a pharmacy on the ground floor of the mixed use development known as Windsor Woods in Tsawwassen, B.C. The site offers a convenient location within the downtown core of Tsawwassen with access to many of the communities elderly and in proximity to other retailers and service providers. The project is approximately 15 years old and is comprised of 11 commercial ground floor strata lots and three floors of residential condominiums in several buildings above and around the commercial strata. One of these buildings is the Senior Facility 1600 Bell Tower Avenue 1 Edmonton, AB I T5J OH8 T F

12 Attachment F Page 2 of 4 PHARMACY Access to the project is via a breezeway road signalized access from 56 th Street that meanders through the property, connecting to Tsawwassen Town Centre Mall, a 50 shop commercial property anchored by '> Thrifty Foods. Connected to the Windsor Woods project is The Waterford, a seniors complex containing assisted and independent living units. Parking to the project is a combination of surface and grade level parking below the condominiums that connect at grade to the commercial units via a dedicated hallway from the parkade. The parkade is open to the public for parking in cooperation with the Windsor Woods Strata Corporation. The commercial tenants are housed in two distinct areas of the project. The south easterly units - known civically as th Street, is home to Starbucks, Meridian Southwest Mortgage Company and Raymond James Financial. The north westerly units - known civically as th Street include the proposed Medicine Shoppe Pharmacy Premises - Unit 4, Myne 2 Hair Salon, Spa Villamoura and The Village Clinic, a naturopath medical clinic which is due to open in February The principal naturopath there is Heli McPhie - who is currently updating her education to be able to write pharmaceutical prescriptions. The Village Clinic, and Windsor Woods Strata Council supports the Medicine Shoppe application at this location. Our franchise operator is a very experienced and respected pharmacist in Be. He has previously developed and operated a pharmacy on Vancouver Island. He will bring this experience to his own store. We dispense all forms of medication with the exception of Methadone and Oxycodone. Medicine Shoppe receives regulatory approval from all provincial organizations mandated to license and inspect pharmacies. Our owners offer the public a host of cognitive services as permitted through provincial organizations such as detailed medication reviews, counselling, vaccinations (as permitted), travel, and clinic support. Our stores utilize a monitored active security system for its premises, carry full business insurance and abide by all regulatory provisions. The Medicine Shoppe provides local employment to other pharmacists and pharmacy technicians in the area. Please be advised that Michael Anderson of Northern Vision Realty Advisors and the writer will continue to act as co-ordinators of the subject application. Thank you for your consideration Bell Tower Avenue 1 Edmonton, AB 1 T5J OH8 T F

13 :J By the Numbers vs 12% 50% 120 Rx/day of new Medicine Shoppe franchisees are women. A typical Medicine Shoppe script count. The average annual same-store Rx growth for pharmacies in Canada. Owner Testimonials The average annual same-store Rx growth for Medicine Shoppe Pharmacies. The script count of leading Medicine Shoppe Pharmacies. The typical cost, including inventory, to open a Medicine Shoppe Pharmacy. I j: f "I think the Medicine Shoppe Pharmacy model represents the future of pharmacy The programs, the professional focus and the operatioi7s & marketing support is totally unique to the industry Other retailers talk about it... but The Medicine Shoppe Pharmacy delivers." Laurie Reay HedicineShoppe Pharmacist/Owner, AS - 210<allons! i "The whole Medicine Shoppe model appealed to me: small, pharmacy/ patient focused, g iving a more inviting atmosphere that allows me to get to know my patients. I'm proud to go to work each day, and feel confident in promoting my store to friends, family, and acquaintances. " Damian Drover Medklne Shoppe Pharma(lst/Owner, HI I was getting frustrated working for big box stores. It was so bad I wanted to become a photographer and leave pharmacy altogether. This has given me the freedom to actually spend more time with my family and community My success is thanks to the Medicine Shoppe model and team. It really works. " Paolo sales Medicine Shoppe Pharmacist/Owner, Be -2 1m lions

14 Common Misconceptions Attachment F Page 4 of 4 Myth: There are too many pharmacies in Canada. Fact: There are definitely many big box pharmacies, all doing the same thing. The Medicine Shoppe business model is one-of-akind. We differentiate ourselves from the mass retailers through outstanding customer service and unique healthcare programs. Myth: Government cutbacks make pharmacy ownership impossible. Fact: Governments recognize the important role pharmacists have in healthcare. They will continue to promote cognitive and patient centered pharmacy care. If a pharmacist/owner operates in an environment conducive to this t y pe of practice, it is a recipe for success! Myth: The number of pharmacies in Canada is shrinking. Fact: The number of pharmacies is actually growing. Each year in Canada the number of prescriptions filled, and the number of pharmacies that open, grows by about 5%. Pharmacies open to meet the needs of the Canadian population. Fact: Given Canada's demographic, the demand for prescriptions and other pharmacy services will continue to grqw. Store Growth Myth: All pharmacy ownership models are the same. 190 Fact: Banner IDrograms generally provide a very narrow range of resources and support to smaller pharmacies. As a full business-model franchisor, Medicine Shoppe Canada provides its franchisees with a comprehensive development, operating, and marketing system unique and unmatched in the retail pharmacy sector Myth: A pharmacy needs to be near doctors to be successful. i f. Fact: Only 20% of the prescriptions a doctor writes are typically filled in a nearby pharmacy - the rest are filled in ldatients' neighbourhood pharmacies. Some of the most successful Medicine Sh0PIDe Pharmacies have no doct0rs in their trade area