POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

West End Farmers' Market - RM-5A Text Amendment

RECOMMENDATION

OR, as an alternative to A and B, for Council's CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

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

Note: None of these by-laws have since been amended to permit mobile vending.


PURPOSE AND SUMMARY

This report follows Council's instruction to report back, for a second time, on a farmers' market operated by a non-profit society on the parking lot of the Lord Roberts Elementary School at 1100 Bidwell Street. The market, not permitted under RM-5A Multiple Dwelling District zoning, has operated on a trial basis during the spring-fall periods in 1999, 2000, 2001 and 2002 following resolutions by Council to not enforce the By-law pending reports back towards an application to amend the RM-5A District Schedule.

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

The report recommends that Council instruct staff to make application to create a use term Farmers' Market, establish special regulations and introduce the term into the RM-5A District Schedule as a conditional approval use subject to one-year renewable development permits. Alternatively, if Council does not wish to move in this direction, a consideration motion is offered that would cause Council to take no further action to permit a farmers' market at this site or elsewhere.

BACKGROUND

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

In May, 1999 a notice of motion was called on a request from the East Vancouver Farmers' Market Society to locate a farmers' market at Lord Roberts Elementary School at 1100 Bidwell Street within the RM-5A District where this use is not permitted. On June 17, 1999 Council instructed the Chief License Inspector to withhold enforcement on the market pending a report back from the Planning Department after a one-year trial period. This was extended to a second year because of the time needed by staff to survey local resident and merchant opinions.

On December 13, 2001, the Director of Current Planning reported the matter to Council and put forward for consideration two options: either to forward zoning amendments to a public hearing to enable the market to be approved in the RM-5A District or to take no further action to permit continuation of the market in this residential district. Instead, Council resolved:

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, 2001 and 2002:

Year

Duration(weeks)

Hours/Day

Vendors

People/Day

Sales/Day

1999

July 17-Oct. 9 (14)

5

30

500-1,200

$9,400

2000

June 17-Oct. 28 (20)

5

20-32

700-1,000

$8,500

2001

June 30-Oct. 6(15)

4

22-24

700-1,000

$11,000

2002

July 6-Oct. 12 (15)

4½

18-28

800-1,200

$13,000

The Society also advises:

· their policy calls for a mix of 60% farm products, 20% baked goods or preserves and 20% crafts;
· non-amplified music is played on site;
· no electrical generators are used (these had been present in 1999 and 2000);
· all farm vehicles are removed from the market area and parked in the school parking lot (sales from the backs of trucks had occurred in 1999 and 2000);
· no popcorn or hot dog carts are permitted (a coffee cart was included in 1999);
· a bell is rung at 9:30 a.m. and 2:00 p.m. to announce opening and closing; and
· a West End resident is the on-site manager.

The Society carried out a survey of shoppers in 2002 over a four-week period and found:

· 56% have been attending the market since 1999;
· 61% attend weekly;
· 82% live in postal codes V6G and V6E (West End);
· 90% walk to the market; and
· the three top reasons given for shopping at the market were freshness of produce, variety and sense of community.

In 2003, the Society, renamed Your Local Farmers' Market Society, wishes to return to the site and carry on with the market with no operational changes from 2002. This would be for 15 weeks, July 5th to October 11th, on Saturdays from 9:30 a.m. to 2:00 p.m.

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: In the first year of operation, there was one complaint from a nearby Strata Corporation because of parking and untidy signs. There was a problem with vendors not associated with the market selling wares on City boulevards, but this matter was dealt with. No complaints were lodged with Licenses and Inspections against the 2000, 2001 or 2002 markets. The actual operation of the market has not been a concern as the organizers are very cooperative. A staff field observation in 2002 found that the market area had decreased from former years, and the sellers were decidedly more "organic" than before. There were also fewer crafts being sold, but some booths were occupied by community groups.

The Chief License Inspector has some concerns with the precedent that may be set by this market. Any regulation changes to give legal approval to such uses may create situations that are somewhat difficult to control such as the issues at the flea markets on Terminal Avenue and at Kingsway and Knight Street. Types of products, competition with retailers and attraction of other vendors outside the facility are the main concerns. The existing farmers' market is well run but other groups may create some of these problems. The temporary development permit will help staff to deal with any future impacts.

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 park within the market confines or elsewhere on the school site. From observation, it would appear that most of the patrons 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 include Farmers' Market as a use, the Parking By-law be amended to provide fulldiscretion 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: In the first year of operation the Society provided a form letter for patrons to fill in to indicate the reasons for wanting the market to continue. Staff received 40 of these letters and the Society advised they had 100 more. Staff also received eight individual letters, one fax and one phone call in favour of the market. Comments included good food quality, positive social benefits and pleasant atmosphere.

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

There has been virtually no input from the community over the last three years of operation.

Survey of Residents' Opinion: Following the first year of operation, staff mailed out a survey to all units in the most affected surrounding apartment buildings (one strata, three rental buildings).

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.

Interviews with Local Greengrocers and Supermarket Operators: Following the first year of operation, 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. Inall zoning districts where retailing is permitted, this activity must be carried on 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, following the appeal of a coffee cart operator to locate on a supermarket parking lot, Council reaffirmed its 1978 policy with an amendment 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 on zoned land.

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 in other cities 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 depressed shopping districts (which is not the case in the West End). Some are operated by City administrators. They are popular with local residents who like the street life, the fresh produce and the good prices.

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 interviewed after the first market year reported a loss of sales. 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 greengrocers.

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 Society advises it has received calls from other neighbourhoods wanting a market. The Society has been looking at schoolgrounds, 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 2001, staff received an inquiry from a 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 that group. In 2002, another group that runs a market in North Vancouver was seriously interested in locating on the parking lot at Provincial Government's Jericho lands site, but did not pursue an amendment to the site's CD-1 zoning to permit it. Staff expect there will be other groups with proposals coming forward in the future.

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 where the Society was able to find only this one site. Locations in the heart of residential districts would do nothing to improve the viability of commercial districts, but may be appreciated by patrons because they can come on foot. These locations may also be 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 significant neighbourhood impacts.

Pending Health Guidelines: The Vancouver Coastal Health Authority advises that the foods sold at the three farmers' markets operated by this group have changed to now include more potentially hazardous foods. Examples include meat, poultry, sausages, hard and soft cheeses and foods made in private residences that are not inspected. In response to these changes and to protect the health of the public, the Authority is developing guidelines that formally outline health requirements for the operation of farmers' markets. The Health Authority intends to consult with all stakeholders prior to adoption (see Appendix D).

Available Zoning Tools: The Vancouver School Board has no "special event permit" as does the Park Board (permitting markets at Trout Lake and Nat Bailey Stadium). 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 - which is available to farmers' markets in Seattle, for example. 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 a tailor-made CD-1 Comprehensive Development District, or to define and introduce the use into the Zoning & Development By-law and amend the RM-5A Multiple Dwelling District Schedule to permit the use.

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 in the RM-5A District, additional changes should be made to the Zoning and Development By-law, substantially as outlined in Appendix A, in order to:

· define Farmers' Market to mean an open-air market limited to the sale of fresh fruits and vegetables and prepared foods and crafts;

· limit any development permit issued for Farmers' Market to one year; and

· regulate Farmers' Market so that no permanent structures are permitted, there must be at least ten individual vendors, the size must not exceed 1 200 m² (12,917 sq. ft.),

Further amendments, outlined in Appendix B, would be needed to the Parking By-law and the License By-law to recognize the use.

Design standards could be developed for stands and canopies for the selling of merchandise. However, given 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 a market. However, rules of conduct can be established through an agreement enforced by a time-limited permit. At the time of a development application, staff would accept a letter from an operator outlining their rules and practices. A development permit would be issued for a one-year renewable period. If it is determined that an operator has not followed the practices outlined in the letter or the market has otherwise become detrimental to the neighbourhood, staff could require changes to the operating rules and practices or, in cases where the affects are considered serious, refuse to renew the development permit.

It should be noted that the Society has stringent rules of conduct, permitting only locally-grown food and local crafts, limits to the ratio of craft sales to food sales, no selling of foods by non-farmers, no amplified music, limits to the hours and days of business and good clean-up practices.

The Society is concerned about having to pay permitting fees. However, these would be minimal and are considered fair for this non-profit group given that all non-profit groups must pay for permits. The normal development permit fee for an outdoor use on a site of this size is $1,004. However, since the use is not full time, staff would charge a lesser fee for a change of use (Schedule 1, Section 4) of $290. The fee for renewal of a development permit with specified time limits is 75% of the development application fee, or $218 in this case, or a flat fee of $164 for a non-profit society (Schedule 1, Section 13). An amendment to the License By-law is needed to establish a recommended minimal annual business license fee of $10 for this use.

CONCLUSION

The East Vancouver Farmers' Market has operated, on a trial basis, for four consecutive years and, with the exception of early concerns expressed by some neighbours and local retailers, the market has generally been welcomed by the community.

While staff note that farmers' markets contradict Council's policies against open-air retailing and any form of mobile vending on zoned land, and to permit them may result in enforcement problems with other forms of prohibited open-air retailing, staff conclude that since the current market has been successful, Council should amend the zoning for this part of the West End to allow for it to be legitimized as a test case.

Staff therefore recommend that the Director of Current Planning be instructed to make application to create a use term for Farmers' Market with special regulations and to introduce this term into the RM-5A District Schedule as a conditional approval use with one-year renewable development permits. Alternatively, Council could decide to not permit a farmers' market at this site or elsewhere. The latter option means the market would not continue this year.

If Council chooses the former option, staff would not take enforcement action against the market prior to Council's consideration of the matter at the Public Hearing. If the by-law is approved and enacted, the Society would be required to obtain a development permit and a business license.

- - - - -

APPENDIX A

ZONING & DEVELOPMENT BY-LAW AMENDMENTS - 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) Amendment to Section 11 of the Zoning and Development By-law:

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

APPENDIX B

PARKING BY-LAW AND LICENSE BY-LAW AMENDMENTS -
FARMERS' MARKET

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

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

APPENDIX C

HISTORY OF FARMERS' MARKETS ON ZONED LAND IN VANCOUVER

East Vancouver Farmers' Market: 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 zoning, 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, and it has located there every year since. 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 commercially-oriented use of parks.

West End Farmers' Market: 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.

On December 13, 2001, Council dealt with a report from the Director of Current Planning that assessed the issue and put forward for consideration two options: either to forward zoning amendments to a public hearing to enable the market to be approved in the RM-5A District or to take no further action to permit continuation of the market in this residential district. Instead, Council resolved:

Nat Bailey Farmers' Market: In 2002 Your Local Farmers' Market Society received permission from the Park Board to locate a Wednesday farmers' market on the parking lot at Nat Bailey Stadium. As with the Trout Lake market, a Park Board "special event permit" was used to permit the use on this Park Board operated site. The Society will run this market again in 2003.

APPENDIX D (Letter from Vancouver Coastal Health Authority)

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