P2
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: April 30, 1996
Dept. File No. DT
TO: Vancouver City Council
FROM: Director of Land Use & Development, in consultation with the
Directors of Permits & Licenses, Environmental Health and
General Manager of Engineering Services
SUBJECT: Proposed CD-1 Text Amendment - 3250 Commercial Drive:
East Vancouver Farmer's Market
CONSIDERATION
A. THAT the Director of Land Use & Development be instructed to
make application to amend CD-1 By-law No. 5411 pertaining to
the Croatian Cultural Centre at 3250 Commercial Drive to
permit a "Farmers' Market", generally in accordance with
Appendix A;
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-law;
AND FURTHER THAT the application and by-law be referred to a
Public Hearing;
B. THAT, if A is approved, the guidelines established by the
Director of Environmental Health in determining which food
products can be safely sold at the Farmers Market be
endorsed.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services puts forward A and B for
CONSIDERATION of Council.
COUNCIL POLICY
In 1980, Council enacted CD-1 By-law No. 5411 that established the
permitted use for the subject site as a Cultural and Recreation Centre.
Council policy on mobile vending applies to the proposed Farmers
Market use. 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.
SUMMARY
The East Vancouver Farmers' Market operated without permits on the
parking lot of the Croatian Cultural Centre at 3250 Commercial Drive
during the summer and fall of 1995. The use is not permitted in the
CD-1 By-law governing this site. Council decided not to take
enforcement action, but instructed staff to monitor its operations and
report back with a proposed amendment to the CD-1 By-law to permit the
use. The Market was successful, as evidenced by the attendance records
and the lack of complaints from surrounding residents.
In other cities, farmers markets are usually operated in
commercially-zoned districts, usually in the downtown, and often on
closed streets. The sites are often municipally owned, or the markets
are run by the municipalities themselves, allowing control of the
operating rules.
The proposed CD-1 By-law amendments, for Council s consideration, are
very basic as to use and parking. Staff caution that most of the
operating rules of the Market are set by the operator who could change
the rules, or the rules could be changed by another Market run by a
different non-profit society. For example, operating hours could be
extended, creating a potential parking problem. Neither the rules nor
the society can be specified in the CD-1 By-law.
Food safety issues centre around the desire of the Market to sell
potentially hazardous food products, including home-processed foods.
This has been addressed by Health Board staff who have developed a list
of "pre-approved" food items that may be sold here.
A business license would be issued for a Public Market operator who
would be responsible for ensuring that all vendors comply with food
safety guidelines and space limits established in the CD-1 By-law.
PURPOSE
This report responds to Council's resolution of July 20, 1995:
"THAT Council instruct the Planning Department and Permits &
Licenses Department to withhold enforcement on a farmers' market
in the Croatian Cultural Centre parking lot for the summer and
fall seasons between July 29, 1995 to October 7, 1995, on a trial
basis, pending a CD-1 text amendment application by the Director
of Planning."
BACKGROUND
At Council on July 18, 1995, notice of motion was called to withhold
enforcement on the East Vancouver Farmers' Market proposed to operate
on the Croatian Cultural Centre parking lot at 3250 Commercial Drive.
Letters of support from various agencies and a petition in support of
the proposed Market were submitted. Staff were directed to provide
further information.
On July 20, at Council's Committee on Services and Budgets, Planning
staff referred to a memorandum dated July 19, advising that the
Croatian Cultural Centre was developed under a CD-1 zoning that would
not allow the Farmers' Market. Staff noted several concerns about the
creation of such a market at this location should Council decide to
pursue an amendment to the CD-1 By-law.
In discussing the July 20 motion, Council members raised a concern
about setting a precedent, given that other groups may want to submit
similar proposals. It was suggested that a trial period for the Market
would identify potential problems which should be reported back prior
to a decision on the CD-1 amendment.
DISCUSSION
East Vancouver Farmers' Market
An annual Farmers' Market on the parking lot of the Croatian Cultural
Centre is proposed by the East Vancouver Farmer's Market Society,
incorporated in May, 1995 under the Society Act of British Columbia.
The purpose of the Society is:
"...to foster community health and economic development through
the creation of a venue where community members have greater
access to safe, healthy, locally produced, environmentally
friendly food and where B.C. growers can market their goods
directly to urban consumers."
The Society provided staff with a variety of documents, mostly dealing
with their philosophy of "community based" food and craft marketing,
and their rules of operation. The following points help to understand
the proposed farmers market:
- a minimum of 60% of the vendors will sell food products while the
remainder may be craft vendors; vendors will include farmers,
backyard gardeners, independent crafts people, producers of
homemade preserves and other cottage industries.
- projected total vendors is 30; projected attendance is 1,000
people each Saturday;
- processed foods and baked goods will meet Health Department
requirements; unprocessed foods will be identified as
conventionally grown (fertilizers and pesticides noted) or
organically grown;
- foods or crafts must be grown or created by the seller or a
designated vendor who represents the seller (no reselling for a
profit); crafts must be original work;
- the Society is non-profit but will be self-sufficient with income
from membership fees and table/stall fees, and will employ a
coordinator and a part time staff person;
- the location will be donated and there will be a large component
of volunteers;
- there will be no permanent structures; there may be on-site
storage, but within existing structures;
- the market will occur on Saturday mornings, from 9:00 AM to 2:00
PM, May through October; the site vacated and cleaned by 3:00 PM
each Saturday;
- the goal for the market is to allow it to grow gradually over the
years to become a major event in the community ; and
- attendees will be discouraged from using the Croatian Cultural
Centre washrooms.
In 1995, the Market took up about 600-700 m2 (6,500 - 7,500 sq. ft.) of
the northerly parking lot at the Cultural Centre. The Society expects
the Market to expand in the future to about half the north parking lot,
or 1 200 m2 (13,000 sq. ft.).
Summer and Fall, 1995 Trial Period
The East Vancouver Farmers Market Society provided statistics on the
11 weeks the Market was in operation during the summer and fall of
1995. On average, there were 11 agricultural vendors, 10 craft vendors
and 4 prepared foods vendors, representing 80%, 14% and 6% of the
dollar value of sales, respectively (total sales = $49,719). On
average, 877 people attended each market day, ranging from 500 on a
rainy day, to 1,200 on Labour Day weekend.
Permits & Licenses staff are not aware of any complaints about the
Market during this period, and note that there seemed to be a positive
response from the community.
Vancouver Health Board staff worked closely with organizers of the
Market during the trial period to identify food items which the Health
Board would accept for sale at the Market. As the weeks went by,
staff responded to requests for items to be added to the list (eg.
refrigerated eggs, honey, pickles). Inspections were carried out on
several weekends to monitor the success of this approach and compliance
with the "approved" list. In general, Health Board staff were
satisfied with the results. Follow-up meetings with the organizers
after the market season have led to the drafting of a comprehensive
list of "pre-approved" food items as well as an accompanying brochure
for prospective vendors (Attached as Appendix B).
Engineering Services advise that the size of retail commercial use
during the trial period - roughly 600 m2 (6,500 sq. ft.) of the
Cultural Centre parking lot - would normally generate a parking demand
by vendors and participants of approximately 20 to 25 spaces. A field
observation indicated that this is correct, and the remaining Cultural
Centre parking lot combined with the adjacent street parking was more
than adequate to serve the Market and the Centre.
Following the trial period, staff received a copy of a letter to
Council from a coordinator of the Granville Island Public Market and
Chair of the Board of the FarmFolk/CityFolk Society in support of
continuation of the market.
The market would appear to be successful as attested by the number of
vendors, attendance records, a lack of complaints and the above-noted
letter.
Mobile Vending Policy
The proposed farmers' market is a form of mobile vending on private
property.
In July, 1994 Council reaffirmed its 1978 policy to prohibit mobile
vending on private property. In a report, 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. The report stated that while there is an argument for not
interfering with the marketplace by restricting this use, there is an
equally compelling argument for not introducing this form of retail
competition with its associated low operating costs.
Various issues pertaining to control and enforcement led to staff's
recommendation that the 1978 policy be maintained. However, the policy
was amended by Council to permit mobile vending if provided for in the
Zoning and Development By-law, a CD-1 By-law, or an Official
Development Plan.
Farmers' Markets Elsewhere
Other cities were contacted, and a library search was carried out as
outlined in Appendix C. Staff found no comparable model to the Market
as proposed on a privately-owned non-commercial site. Most farmers
markets are carried out in commercial districts (eg. on a supermarket
parking lot), and often on municipally-owned land or on closed streets
within these districts.
Hours of Operation
The City cannot regulate hours or days of operation through zoning
regulations. This precludes being able to ensure, through zoning, the
proposed "part time" nature of this use. The Vancouver Charter
prohibits Council from regulating hours for retail businesses selling
only fruits, vegetables, dairy products, bakery products, flowers, soft
drinks or refreshments. It would be possible to regulate hours if the
Market is also selling crafts, but this would be very difficult to
enforce as the craft part of the market could be separated from the
other products or they could stop selling crafts (and then there would
be no ability to regulate hours of operation). This approach would
also require a Licence By-law amendment to define Farmers Market ,
and the restrictions would apply equally to all such uses. Due to the
problems noted, an attempt to regulate hours is not recommended.
Planning Staff note that zoning can only regulate use, not the user
group, and while the current user group may intend only to occupy the
site from 9:00 AM to 3:00 PM on Saturdays, another user group (or the
Cultural Centre itself as Market operator) may decide to extend hours
of operation.
Parking
The CD-1 zoning requires 102 parking spaces to be provided on the site.
However, the approved Development Permit No. 201582 requires a total of
120 spaces, and the plans show that 90 of these are in the north
parking lot. The occupation of half the north parking lot by the
Market would reduce the number of spaces there to 45, for a total of 75
spaces remaining to serve both the Market and the Centre during Market
hours.
At the time of the Public Hearing for the Centre in 1980, both staff
and the public felt that insufficient parking was being provided, and
Council imposed a condition that additional parking be provided in the
future if parking was found to be a problem. Instead, a system of
parking regulations on surrounding streets was subsequently installed
by the City for the protection of local residents.
Engineering Services advise that if the Market operates on Saturday
mornings, the remaining portion of the north parking lot, along with
the south parking lot, should be more than adequate to service the
needs of both an expanded Market and the Centre. Even if parking
demand increases for the Market, additional parking is available on
Commercial Drive and to the north under the ALRT guideway.
Engineering Services is concerned, however, that while the Farmers'
Market has been held on Saturdays from 10:00 AM to 2:00 PM, should the
operating times be extended into the late afternoons, evenings or other
days of the week, there would likely be conflicts with parking
requirements to service other uses (particularly assembly use) in the
Cultural Centre. As noted under Hours of Operation above, the City s
ability to regulate operating times is very limited, resulting in no
guarantee that parking will not be a problem if Market operating times
expand in the future.
Impact and Equity Issues - Other Merchants
The Croatian Cultural Centre is some distance from the core of the
Commercial Drive shopping district, and crowds drawn to the Farmers
Market would not likely benefit those merchants. Whether there was, or
would be, negative impact on nearby merchants, particularly produce
merchants, is unknown, but the rents or taxes paid by Commercial Drive
merchants suggests the Market would have a retailing advantage over
them.
Elsewhere in the city, flea market operators have expressed a strong
desire to have outside booths which would include the sale of foods and
crafts. These markets are located in commercial zones which do not
permit business activities outside of a building. There have been enforcement problems associated with outdoor vending on these sites,
and this may increase if these operators feel that the East Vancouver
Farmers Market is unfair competition.
Suitability of the Croatian Cultural Centre Site for Retailing
The site itself was never intended to support a retail market. Prior
to its CD-1 zoning, it was zoned RS-1A, One-Family Dwelling District.
However, the site is located on an arterial street on the edge of a
residential area, suggesting this high-intensity use may be more
acceptable here than, say, on a school ground in the middle of a
residential area. A Farmers' Market is not a normal part of a
"Cultural and Recreational Centre" but it could be seen as a community
activity with both cultural and recreational attributes. It is unclear
whether or not community patrons see it in that light, or simply as a
place where they go to buy groceries and other goods.
Staff suggest that the suitability question is best answered by the
local community, should Council refer an application to Public Hearing.
Precedent and Similar Proposals
Should Council permit a Farmers Market on this site, staff expect that
others will submit similar rezoning applications for other sites, and
it will be difficult to recommend refusal in the absence of locational
criteria suggesting appropriate sites.
The proponents for this Farmers' Market have expressed interest in
being able to move the Market to another, unspecified, site if the
present site becomes unavailable. They have also indicated that others
are interested in establishing Farmers' Markets elsewhere in the city,
for example on school grounds. Staff note that most school sites
(public and private) are zoned residentially, and this use would not be
permitted without rezoning or general amendments to the residential
district schedules, either of which could be contentious at the
neighbourhood level.
CD-1 By-law Amendments
CD-1 By-law No. 5411, enacted in November, 1980, permits "Cultural and
Recreational Centre", including a variety of sub-uses (see Appendix A).
No useful zoning definition of "Farmers' Market" was found from the
library search. However, it would be impractical, through zoning, to
attempt to control the Market in accordance with the Society s rules of
operation - locations where foods are grown, types of crafts,
proportion of crafts to foods, no re-selling of goods and the like.
Staff note that there is some risk that the Society could change its
rules of operation, or another Society could operate a Farmers' Market
with different rules.
Recognizing these risks, should Council choose to proceed with a text
amendment, the amendment should add the following provision in the Use
section:
"Farmers' Market, without permanent structures, operated by a
registered non-profit society, and limited to an open-air market
of a maximum area of 1 200 m2 (12,917 sq. ft.), and further
limited to the selling of fresh fruits and vegetables, prepared
foods and crafts".
The Off-Street Parking section would also need to be amended because it
will not be possible to provide the required 102 parking spaces during
Market hours. The amendment should require that 75 off-street parking
spaces be provided during Market hours, reflective of 45 spaces less
(half those in the north parking lot) than the 120 required under the
approved development permit. A further amendment is needed to this
section and to the Off-Street Loading section to replace the reference
to (repealed) Section 12 of the Zoning and Development By-law, with a
reference to the Parking By-law.
Design standards could be established for stands and canopies for the
selling of merchandise. However, as no information has been provided
on this, and as the Croatian Cultural Centre requires removal of all
temporary structures at the end of each Market day, there is probably
no need for such standards.
Food Safety
The operation of a Farmers Market presented a challenge to the
Environmental Health Division, especially with the proposed sale of
home processed products. The sale of home processed products (canned
products, baked products or other prepared products) on a commercial
basis is generally prohibited by the Vancouver Health By-law and the
provincial Food Safety regulations. The underlying reason for this
prohibition is that the safety of the food processing practices cannot
be ascertained since public health inspectors do not normally have
access to private kitchens. Incorrect processing of potentially
hazardous foods or unsafe food handling practices present a risk that
is normally unacceptable in commercial settings.
Nevertheless, food regulations are beginning to recognize the existence
of voluntary catering, craft fairs and farmers markets and are being
written to strike a balance between the public demand for food sold in
this fashion and the inherent risks of home-prepared foods. The
challenge, therefore, is to strive for a high level of food safety
while allowing a local community asset to operate successfully. This
can be done by clearly delineating foods that are of a low to moderate
risk (which can be sold at such events) from foods that are potentially
hazardous (which are prohibited from sale at these events).
Health Board staff have some lingering concerns about a food-borne
disease outbreak that could be associated with a home-processed food
sold at the Market. Regardless of regular inspections, it will be
difficult to completely guarantee that all home-prepared foods
permitted to be sold will be safe. Pending amendments to provincial
food safety legislation may, however, exempt Farmers Markets from most
provisions of the regulations. Secondly, staff have concerns that,
should these markets proliferate, there will be a reaction from the
commercial establishments who are required to obtain or produce all of
their products from approved processing plants. Health Board staff
also anticipate pressure from existing locales such as the Vancouver
Flea Market and Granville Island for similar treatment, which would be
difficult to reject.
Health Board staff have made it clear to the Market organizers that
there is a distinction between a Farmers Market (where no on-site
processing or portioning takes place) and a special event where food
is prepared and portioned on site. Any indication that the vendors
should want to prepare/portion on site would invoke the requirements
for sinks, hot and cold water, washrooms and waste water collection
associated with food service at special events.
Washroom Requirements
Health Board staff have concerns about the lack of available public
washrooms on site. Staff understand that the Cultural Centre is
reluctant to make their washrooms available to Market patrons, but that
discussions are underway between the two groups and limited use may be
made available. Even if an amenable solution is reached, Health Board
staff anticipate problems arising should the success of the Market lead
to increased attendance in future years. Provisions of the Health
By-law for washrooms for public venues will need to be applied.
Therefore, a requirement for provision of public washrooms (either
temporary or through arrangements with the Cultural Centre) to the
satisfaction of the Medical Health Officer will be a condition of
development permit issuance.
Development Permit, Business License and Enforcement
Should the CD-1 text amendment be approved and the amending by-law
enacted, a development permit would be required for this new use on the
site. The fee for a conditional Outdoor Use , on an area of 1 200 m2
(13,000 sq. ft.), is $1,100.
Council may wish to consider recommending that the Development Permit
Board or Director of Planning issue an annual time-limited development
permit, limited to normal operating months of the Market. Annual
issuance would continue until either the site is no longer available or
desired by the Market, or should Council want to stop the use. The
CD-1 could then be amended to delete the use and no new development
permit for the use would be issued. This would avoid the potential
problem of legal non-conformity should a permanent development permit
be issued (even if Council amended the CD-1 to delete the use).
Renewal of a temporary development permit is 75% of the development
permit fee, or an annual fee of $825.
If the use is permitted by the issuance of a development permit, a
business licence for a Public Market Operator would be required, with
an annual fee of $795.00. The Operator could then control the vendors
to ensure compliance with the food safety guidelines and the space
limits regulated by the CD-1 By-law. The City would then hold the
licensee responsible for the activities carried out under the license.
Monitoring of the Market would include inspections by the Health
Inspector and the Property Use Inspector who would also respond to any
complaints received.
Social and Environmental Implications
The proposed seasonal market would provide a social benefit in meeting
an existing community-based interest. The possible social disbenefit
in terms of impact on local merchants catering to the same community is
unknown. There are no implications with respect to the Vancouver
Children s Policy or Statement of Children's Entitlements.
Comments of East Vancouver Farmers Market Society
"The East Vancouver Farmers Market (EVFM) was a tremendously successful
event in 1995, that was whole heartedly embraced by the local
community. There was an average attendance of 800-1000 people each
week, and input from attendees and the surrounding community was
overwhelmingly positive. It was seen as an event that fosters
community spirit, that is a healthy, peaceful place to meet with
friends and neighbours, is fun, festive and generally a valuable
addition to the neighbourhood. As well, people love the fact they are
able to meet and chat with the folks that are growing their food.
There is no definition for "Farmers Market" in the current zoning
categories, with the closest applicable category being mobile vendors.
Trying to "fit" farmers markets into this category is complex and
creating many challenges, especially in relation to farmers markets on
private property. Recognizing this situation;
- our preference is to have a public hearing to determine the future
of the market
- our hopes in the long-term are to work in partnership with the
City to locate a more appropriate and ideal location for the
Market, on public lands
- for the 1996 season we would like to request an extension of the
same by-law relaxation that was granted by council last year to
enable us to operate for the 1996 season, while we are looking for
a more appropriate location
- out of this experience, it appears there is a need to define a new
zoning definition specifically for farmers markets. We would like
to assist in its development
- we feel that having a business licence would legitimize us,
however the development fee is beyond our small operating budget.
We request that it be prorated downward to an amount that reflects
our ability to pay and still recognizes the work of the Planning
Department."
Comments of Croatian Cultural Centre Society
"The Croatian Cultural Centre views the Farmers Market as a positive
influence on the community and the centre and whole heartedly supports
its actions. It has proven to be a community success and we hope the
zoning by-law is changed to permit its continued success."
CONCLUSION
The East Vancouver Farmers' Market, as operated in 1995 at the Croatian
Cultural Centre on Commercial Drive, would appear to be a valuable
asset to the local community. However, a number of issues are touched
upon, including possible parking conflicts if operating hours are
extended, marketplace impact and equity concerns, the long-term
uncertainty of the Market operating rules and the need for ongoing food
safety monitoring. The question of whether or not the site is
appropriate for this use is best answered by the community itself
should Council choose to refer an application to amend the CD-1 zoning
to a Public Hearing.
Staff are reluctant to recommend the amendments to the CD-1 By-law, but
rather present, for Council's consideration, a resolution to instruct
staff to submit an application for referral to Public Hearing.
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