Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Standing Committee on Planning and Environment

FROM:

Director of Current Planning

SUBJECT:

Farmer's Market - 1100 Bidwell Street - Text Amendment Consideration

CONSIDERATION

GENERAL MANAGER'S COMMENTS

CITY MANAGER'S COMMENTS

Given that the performance of the Farmer's Market has been inconsistent and that the organizers believe another year of trial is necessary, the City Manager suggests that Council simply extend the July 17, 1999 approved recommendation to a report back following the 2002 Market.

The Motion would then read:

COUNCIL POLICY

On July 26, 1994, Council reaffirmed its policy of February 21, 1978 not to allow mobile vending on private property unless specifically provided for in the Zoning and Development By-law, any CD-1 By-law or any Official Development Plan.


PURPOSE AND SUMMARY

This report follows up on Council's instruction for a report back on a farmers' market operated by a non-profit society on the Lord Roberts Elementary School parking lot at 1100 Bidwell Street. This market, not permitted under current RM-5A zoning, has operated during the spring-fall periods in 1999, 2000 and 2001, following a resolution by Council to not enforce the By-law pending a report back towards an application to amend the RM-5A District Schedule.

The report reviews the operations of the market, reports on local resident and business surveys, comments on the broader implications of permitting these markets and cautions on the limitations of zoning as a controlling tool.

It puts forward for consideration either an instruction to the Director of Current Planning to make application to create a use term for farmers' market and to introduce this term into the RM-5A District Schedule as a conditional approval use, or a resolution to take no further action to permit a farmers' market at this site.

BACKGROUND

Starting in 1995, Council has a history of decisions with respect to farmers' markets on zoned land, attached as Appendix B.

In May, 1999 a notice of motion was called on a request from the East Vancouver Farmers' Market Society to locate a farmers' market on the parking lot at Lord Roberts Elementary School at 1100 Bidwell Street within the RM-5A Multiple Dwelling District. On June 17, 1999 Council approved a recommendation of its Standing Committee on Planning and Environment:

On May 2, 2000, the Chief License Inspector, in a memorandum to Council, advised that there were no major problems with the market in 1999 and that the Planning Department's work in surveying resident and local merchant opinions as well as developing options for Council was taking longer than expected, resulting in an insufficient period of time to have the issue dealt with by Council prior to the 2000 market season. He further advised that since Planning staff were continuing to work towards a possible zoning amendment to permit a farmers' market on the site, his staff will continue to not enforce the Zoning and Development By-law, but will monitor the market.

Staff would have reported earlier in 2001 but held off at the request of the Society because of their uncertainty about whether to continue the market in 2002. The Society has now advised that they do wish to continue with the Market.

DISCUSSION

West End Farmers' Market - Trial Period: The East Vancouver Farmers' Market Society provided statistics on the Saturdays the market was in operation during the summer and fall of 1999, 2000 and 2001.

In 1999, the market ran for 14 Saturdays, from July 17th to October 9th. Attendance ranged from 500 to 1,200 people per five hour market day. The site was utilized to house 30 vendors. The Society's policy is to allow up to 40% non-farm vendors. On average, there were 12 farm vendors, 4-5 prepared food vendors and 2 craft vendors. All the farmers sold off the backs of their trucks. The Society permitted one concession stand - a cappuccino cart. They permitted no popcorn or hot dog carts, but prepared food vendors sold muffins,brownies, pies etc. that could be eaten on site or taken home. One of the coffee carts (alternating weeks) used a generator. Total weekly sales averaged $9,400. There was non-amplified music on the site, and a bell was rung at 9:00 a.m. and 2:00 p.m. to announce opening and closing. The Society posted coro-plastic signs on trees surrounding the school, and paper notices on hydro poles which, according to the Society, were continuously removed by City staff. They also used permitted posting areas throughout the West End.

In 2000, the market ran for 20 Saturdays, from June 17th to October 28th. Attendance was approximately 700 to 1,000 people per five hour market day. The Society continued its enforcement of 60% farm, 20% prepared food and 20% craft mix, with space for up to 32 vendors. While some days saw a full compliment of vendors, on average 20 vendors attended. The layout was changed to remove 80% of vehicles from the site, and vendors without a vehicle in their stall parked in another section of the school yard. A frozen meat vendor used a generator off and on through the day. There were no coffee carts. Total weekly sales averaged $8,500, a 10% decrease from 1999. Other elements remained consistent with the 1999 market.

In 2001, as a result of a loss of 25% of its farm vendors (due to poor sales in 2000), the Market size, dates and hours of operation were all decreased. The organizers saw the 2001 Market as a "make or break" year. The number of Saturdays was reduced to 15, and the hours of operation were reduced to four. Attendance was approximately 700 to 1,000 people per Saturday. All vehicles were removed from the Market area and parked in the adjacent school parking lot. The site allowed up to 24 vendors in a smaller area of the schoolyard. On average, 22 vendors attended. A generator for frozen meat was not used as that farmer was able to keep meat at the required temperature without it. There were no coffee carts. Total weekly sales averaged $11,000, a 30% increase from 2000.

While the organizers are pleased with the increase in sales in 2001, they feel it is still too early to determine the viability of the West End Market and wish to continue for another year before deciding its fate.

The site is 743.2 m² (8,000 sq. ft.) which the Society feels is appropriate for the volume they are currently experiencing but tight should they wish to expand in the future. The landlord, the Vancouver School Board, will permit no further expansion onto the school grounds.

Chief License Inspector - Observations and Comments: The following comments result from inspections of the West End Farmers' Market during July and August, 1999:

· More than half the stalls sell manufactured food and handicrafts rather than farm produce. Handicrafts are supposed to be manufactured in the West End but control and enforcement would be difficult.

· The portable toilet in the corner of the school yard, necessary because the School Board does not allow entry to the building, and the lack of hand washing facilities for food retailers are a concern. (Note: the Health Board is not requiring hand washing facilities because food is not being prepared on site)

· A mobile food service vehicle, with an electrical generator, is on site and this unit does generate considerable noise.

· Street vendors were attracted to the City boulevards around the site before being warned off by Streets Administration staff.

· Yard sellers in the West End have been encouraged by the suspension of the usual laws on the school site and enforcement is more difficult due to the appearance of an "uneven playing field".

· There has been one complaint from a Strata Corporation at Bidwell and Davie Streets that the market should not be allowed because of parking and untidy signs.

· No retailers have complained to Licenses and Inspections while the produce has been high priced and organic but if the volume increases then it is anticipated that retail merchants may protest the unfair advantage granted to the market. Should this market begin to sell non-organic lower priced produce, more complaints from businesses would be anticipated.

· The actual operation of the market was not a concern as the market organizers are very cooperative.

During the 2000 and 2001 markets, there were no complaints lodged with Licenses and Inspections, possibly because of the reduced volume and activity.

The Chief License Inspector is concerned with the precedent that may be set by this market. Any regulation changes to give legal approval to such uses could create situations that are uncontrollable such as the issues at flea markets at Terminal Avenue and at Kingsway and Knight streets. Types of products, competition with retailers and attraction of other vendors outside the facility are the main concerns.

Parking Engineer - Observations and Comments: Parking does not appear to have been a problem during the trial operation of the market, partly because the West End is heavily regulated, and also because vendors generally parked within the market confines. From observation, it would appear that most of the patrons of the West End Farmers' Market live within walking distance, as opposed to the ongoing East Vancouver Farmers' market at the Trout Lake Community Centre where parking is in demand and can be provided on-site.

Given that parking demand differs dramatically depending on market location, the Parking Engineer recommends that, should Council decide to amend the Zoning and Development By-law to permit a Farmers' Market use, the Parking By-law be amended to provide full discretion to the Director of Planning as to the amount and location of off-street parking that would need to be provided as a condition of development permit issuance. The amount, if any, would be determined in consultation with Engineering Services.

Unsolicited Community Opinion (1999 Market): In Favour: The market organizers provided a form letter for patrons to fill in to indicate the positive reasons for wanting the market to continue. Staff received 40 form letters and the market organizers advised they had an additional 100. Staff also received eight individual letters, one fax and one phone call in favour of the market. Comments include good food quality, positive social benefits and pleasant atmosphere.

Opposed: Planning staff received three phone calls in opposition from owners in the apartment building across the street at 1725 Pendrell Street. Concerns included morning setup noise, music playing and a permanent portable toilet. Staff also heard from a retail food market on Robson Street, concerned about unfair competition.

Staff Opinion Survey (Post-1999 Market): Staff carried out a mail drop to all units in the most affected surrounding apartment buildings (one strata, three rental buildings) and interviewed local greengrocers and supermarket operators.

Surrounding Residents: Of the 71 responses received, 68 % expressed unqualified support, 13 % expressed qualified support, 3 % were neutral and 17% were opposed to continuation of a farmers' market. Positive comments were about locally-grown produce, minimal impacts, convenience, social benefits and that it was well managed. Negative comments were about set-up and all-day noise, commercial use in a residential area, traffic and pedestrian congestion and unfair competition with local merchants.

Local Greengrocers and Supermarket Operators: Staff interviewed four independent local greengrocers and the operators of four supermarkets. Of the greengrocers, one was opposed, two were neutral and one had no opinion. Of the supermarket operators, one was opposed, one was neutral and one representing two stores expressed concerns about farmers' markets in general. Most of the concerns were about unfair competition when local retailers must pay high overhead and purchase products through wholesalers. The other concern pertained to food safety and quality in an unregulated environment, given that produce sold by local retailers must meet municipal, provincial and federal standards.

Mobile Vending Policy: Since 1978, except for a short time during Expo `86, Council has maintained a firm policy against permitting any form of open-air vending on zoned land. In all zoning districts where retailing is permitted, this activity must be carried on wholly within a completely enclosed building, except for restaurant tables and the display of flowers, plants, fruits and vegetables. An open-air farmers' market on zoned land is a form of mobile vending.

In 1994, the operator of an illegal coffee cart on a supermarket parking lot in Marpole appealed to Council on a City enforcement action. Following a staff report, Council reaffirmed its 1978 policy. Planning staff advised there was a lot of interest in mobile vending on private property, with enquiries for different forms of this use coming from all parts of the city. Staff recommended against introducing this form of retail competition with its associated low operating costs and issues pertaining to control and enforcement. However Council amended the policy to permit mobile vending if provided for in the Zoning and Development By-law, a CD-1 by-law, or an Official Development Plan.

To date, there have been no zoning amendments to permit any form of mobile vending. Licensing staff advise of continuing interest from owners or would-be owners of coffee carts, hot dog carts and the like to set up shop on zoned land in various locations. Should farmers' markets be permitted on zoned land, this form of mobile vending may be seen as giving an unfair advantage over other private initiatives, resulting in increasing difficulty in controlling illegal mobile vending activity.

Farmers' Markets Elsewhere: Farmers' markets elsewhere are mostly carried out on commercially-zoned sites in downtown districts, or on closed streets or parking lots in conjunction with commercial districts as a way of attracting shoppers to existing shopping districts. Some are operated by City administrators. They are popular with local residents who like the street life, the fresh produce and the good prices. A local example is the Rive Gauche Farmers' Market operated on Pigeon Park that is partially funded by the City and administered by the Vancouver Economic Development Commission. Zoning is not an issue with this market as it is approved through a Park Board Special Event Permit, the same as with the farmers' market at Trout Lake. Zoning would also not be an issue on a closed street as city streets are not zoned.

Retail Impact, Equity and Enforcement: The Market is located one to four blocks from shopping districts on Davie, Denman and Robson Streets, including several fresh produce merchants. Given that most patrons of the market come on foot, it is unlikely it draws any more customers to the nearby commercial districts than if it were not there. Two of the fresh produce merchants reported a loss of sales during the 1999 Market. Overhead costs of local merchants, including rent, taxes and maintenance of buildings plus their requirement to purchase through wholesalers and meet government standards, suggests farmers' markets have an inequitable competitive advantage over local merchants.

Elsewhere in the city, indoor flea market operators have expressed a strong desire to have outside booths which would include the sale of food, coffee and crafts. There have been enforcement problems associated with outdoor vending on these sites which may increase if these operators feel that outdoor farmers' markets are gaining an unfair foothold.

Demand for Farmers' Markets Elsewhere in the City: The East Vancouver Farmers' Market Society advises it has received calls from other neighbourhoods wanting a market. The Society has been looking at school grounds, church parking lots and college parking lots as possible locations. Rezoning would be required to accommodate a market at any of these sites. They are also looking to relocate the Trout Lake market to a larger site to accommodate its growth and popularity. The Society would also like a general amendment to the City's zoning by-laws to permit farmers' markets to locate virtually anywhere to avoid having to approach City Council whenever they find a new site.

In 1999, staff received an inquiry from another group interested in starting a farmers' market on a Park Board managed site on the north side of False Creek. The group had no rules of conduct in place. Staff are not aware of the current status of this group. Staff understand another group is pursuing a farmers' market on a Park Board site in West Point Grey, but have no details at this time. Given the popularity of farmers' markets in the US and Canada, staff expect there will be other groups with proposals coming forward in the future.

Should Council decide to consider and approve the zoning amendments to permit this use in the RM-5A District, any new proposals for sites on zoned land, except for parkland, would require further zoning amendments.

Site Suitability for Farmers' Markets:. Any park site, school site (public or private), community centre parking lot, commercial parking lot, industrial truck manoeuvring area or large vacant lot could be suitable providing the space is not needed during the hours of operation of the principal use of the site. Locations within commercial districts may be best, but not always possible due to lack of availability or cost, as in the case of the West End market that was able to find only this one site available to them. Locations in the heart of residential districts may be appreciated by patrons because they can come on foot but maybe opposed by immediate neighbours because of associated noise and non-residential activity. In short, it would be difficult to develop a list of defendable criteria for the evaluation of sites for farmers' markets.

Site Area Requirements for Farmers' Markets: The parking lot of Lord Robert's School, leased from the School Board, is 743 m² (8,000 sq. ft.) which is considered minimal, but acceptable by the Society for their West End market that is a scaled-back version of their Trout Lake operation that displaces up to 40 Community Centre parking spaces in a large parking lot. When that market was previously located on the Croatian Cultural Centre parking lot, in it's first year of operation (1995) the retail component, excluding parking, took about 700 m² (7,500 sq. ft.) of space, and the society expected to expand to about 1 200 m² (13,000 sq. ft.) in the future. No statistics are available on the site size of that market in subsequent years. Staff suggest that if a use term is created for Farmers' Market, that an upper limit of 1 200 m² be established to provide for a reasonable economy of scale without becoming overly large with resulting neighbourhood impacts.

Available Zoning Tools and Associated Risks: The Vancouver School Board has no "special event permit" as does the Park Board (permitting these markets at Trout Lake and Pigeon Park). Furthermore, the Vancouver Charter makes no provision for the City to permit, on a temporary basis, uses that are not permitted in a zoning district - such legislation which is available in Seattle, for example. Therefore, the only way the City can lawfully permit the continuation of the farmers' market on the Loyd Roberts School site is either to rezone the school site to CD-1, Comprehensive Development District, to include Farmers' Market as a permitted use, or to define and introduce the use into the Zoning & Development By-law and amend the RM-5A Multiple Dwelling District Schedule to permit Farmers' Market, presumably as a conditional-approval rather than an outright use. In either case, a development permit would then be required to permit the use prior to the issuance of a business license.

School Board officials do not support rezoning the school site to CD-1, which leaves amending the RM-5A zoning as the only practical zoning tool.

Should Council choose to proceed with a zoning amendment to permit this use, potentially at this location, the following definition under "Retail Uses" should be added to Section 2 of the Zoning & Development By-law, substantially as follows:

Design standards could be developed for stands and canopies for the selling of merchandise. However, given that some of the merchants sell off the back of their trucks to avoid parking on the street, and that there have been no complaints about the appearance or size of the temporary structures here or at Trout Lake, there is probably no need for such standards.

It is not possible through zoning regulations to control who operates the market or the rules of conduct of the market. The current society's regulations permit only locally-grown food and local crafts, a limit on the ratio of craft sales to food sales, no selling of foods by non-farmers, no amplified music and a limitation on opening hours. They also have good clean-up practices. The Society could change or relax any of its regulations or practices, or another group could come along with a different set of rules. With more liberalized practices the market could become less neighbourly and be more competitive with local retailers. Controlling of flea market-type activities could also become problematic.

To address this issue, if Council decides to pursue the zoning by-law amendments to permit farmers' markets in the RM-5A District, staff recommend a further amendment that development permits for this use be issued on a one-year renewable basis. If it is determined that such a market has become detrimental to a neighbourhood, the development permit need not be renewed. The fee for renewal of a development permit with specified time limitations, for non-profit societies, is $160 as of January 1, 2002. An amendment to the Zoning and Development Fee By-law is needed to assign a development permit fee for this form of outdoor use, recommended to be $160 which is minimal because of the non-profit society requirement.

CONCLUSION

A review of the farmers' market operated by the East Vancouver Farmers' Market Society on the parking lot of Loyd Roberts Elementary School found that the majority of nearby residents surveyed and market patrons who provided comments supported the market. However, some immediate neighbours were opposed, being concerned about noise and activity associated with this retail operation within their residentially-zoned neighbourhood. A survey of nearby produce merchants found mixed views ranging from no concerns to concerns about unfair competition and food safety and quality in an unregulated environment. The operation itself has been carried out in an orderly fashion, mainly due to the rules and regulations laid down by the Society pertaining to types of merchandise, balance of food to crafts, hours of operation and other factors.

Farmer's markets in other cities and towns are often initiated in depressed commercial districts, on closed streets or parks, and are often managed and funded by municipal administrations with a goal to attract more customers. Such is not the case here. On the contrary, permitting farmers' markets on zoned land, and on residentially zoned land in particular, would contradict Council's long-standing policy against any form of mobile vending except on specified locations on City streets, and may be viewed as an uneven playing field by other merchants wanting to carry out open-air retailing elsewhere.

Should Council wish to permit a farmers' market in this part of the West End, the only practical zoning tool is to create and define a use term, and introduce this use term, as a conditional approval use, in the RM-5A District Schedule. If Council wants to consider these amendments, staff recommend that development permits for this use be limited to one year, renewable periods. Therefore, if a market becomes problematic for any reason, staff would have the authority to not renew the permit.

Staff put forward for consideration either an instruction to the Director of Current Planning to make application to create a use term for Farmers' Market and to introduce this term into the RM-5A District Schedule as a conditional approval use or, alternatively, a resolution to take no further action to permit the farmers' market at this site.

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Proposed By-law Amendments to Permit "Farmers' Market"

(a) Amendment to Section 2 of the Zoning and Development By-law:

(b) Amendment to Section 10 of the Zoning and Development By-law:

(c) Amendments to the RM-5, RM-5A, RM-5B and RM-5C Districts Schedule:

(d) Proposed amendments to the Parking By-law:

(e) Proposed amendments to the Zoning and Development Fee By-law:

(f) Proposed amendments to the License By-law:

History of Farmers' Markets on Zoned Land in Vancouver

In 1995, the East Vancouver Farmers' Market Society requested that Council withhold enforcement against a Saturday farmers' market on the parking lot of the CD-1 zoned Croatian Cultural Centre at 3250 Commercial Drive. Council agreed, pending a report leading to a possible CD-1 text amendment to permit the use.

In a report dated April 30, 1996, staff advised that the market appeared to be successful as attested by the number of vendors (25), the average attendance (877) and the lack of complaints. Staff put forward for consideration a proposed definition of "Farmers' Market" and an instruction for staff to apply to amend the CD-1. Staff cautioned that it would be impractical to attempt to control, through rezoning, rules of operation for the market, and Council would be proceeding with some risk. Council resolved to ask staff and the Society to explore other permanent, preferably public, locations for the market.

In 1997, the Park Board supported relocating the market to the parking lot at the Trout Lake Community Centre. Planning Staff agreed to the use of a Park Board "special event permit" as a regulatory device to ensure an appropriate level of control. The permit is specific to the scope of the use, and is not viewed as a precedent for more community-oriented use of parks.

In the Spring of 1999, the East Vancouver Farmers' Market Society requested that Council withhold enforcement against a Saturday farmers' market on the parking lot of Lord Roberts Elementary School at 1100 Bidwell Street for a spring/summer 1999 trial period. Council agreed, pending a report back following the trial period towards a possible amendment to the RM-5A District Schedule to permit the use. In the Spring of 2000, the Chief License Inspector advised Council that since Planning staff's work in surveying residents and local merchants and reporting back was taking longer than expected, but was continuing towards a possible zoning amendment, Permits and Licenses staff would continue to not enforce the Zoning and Development By-law, but would monitor the market.

In 2001, the Common Concerns Society sponsored Rive Gauche, a farmers' market at Pigeon Park at the corner of Hastings and Carrall Streets. It was supported in part with City funding through the National Crime Prevention Centre Project. The Vancouver Economic Development Commission provided the administration. The market was "...intended as a celebratory event for the community, for Vancouver and for tourists, as business training for vendors, as exposure for local performers and as a skill building experience for those learning how to program and plan." It ran alternate Saturdays from May 5th to September 8th. It's continuation in 2002 is under review. This market was permitted by way of a Park Board special event permit.

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