Sp5-farmers Market Considerations

REPORT TO MAYOR AND COUNCIL

PRESENTED: FROM: SUBJECT:

MAY 4, 2009 - SPECIAL MEETING COMMUNITY DEVELOPMENT DIVISION FARMERS’ MARKET CONSIDERATIONS

REPORT: FILE:

09-60 0540 - 20

RECOMMENDATION(S): That Council receive this report, entitled “Farmers’ Market Considerations”, for information; and further That Council authorize staff to forward this report to the Economic Development Committee and Agricultural Advisory Committee, for review and comment. EXECUTIVE SUMMARY: This report responds to Council’s request for a staff report on the various issues associated with the Township’s involvement with farmers’ market proposals. The report reviews the Township’s consultation process and policy framework associated with farmers’ market enquiries, with focus on proposals requesting special consideration from the Township. PURPOSE: To provide Council with the information necessary to consider future farmers’ market proposals that request special consideration(s) from the Township, involving municipal assets and/or variances to corporate policies/bylaws/protocols.

FARMERS’ MARKET CONSIDERATIONS Page 2 . . . BACKGROUND/HISTORY: On May 28, 2007 Council considered the following recommendation from the Agricultural Advisory Committee (AAC): “That Council consider supporting the Langley Agricultural Advisory Committee’s request for a Farmers’ Market by: 1. providing space at the old municipal site for one year; 2. providing space for a nominal fee of $1.00 for the first year; 3. granting approval to use the space from 7:00 a.m. to 2:00 p.m. on Sundays, June 17, 2007, and every Sunday thereafter, until October 14, 2007; 4. granting permission to use temporary signs on market days; and 5. granting permission to advertise in the ‘Township Page’.” Council subsequently referred this item to staff for a report relating to the various issues involved with farmers’ markets. DISCUSSION/ANALYSIS: The Township’s current policy/regulatory environment accommodates/encourages farmers’ markets, subject to compliance with municipal servicing and planning prerequisites. In addition, proposals impacting ALR may require Agricultural Land Commission (ALC) approval. Proposals requesting special consideration from the Township may have opportunity for assistance, subject to meeting municipal ‘public interest’ criteria, as discussed below. Farmers’ market enquiries, received by the Township, are initially reviewed and categorized by staff as A) ‘special considerations’ or B) ‘independent’ proposals. Each is discussed below. A.

Proposals Involving Special Considerations Farmers’ market proposals that request special consideration(s) from the Township have expectations beyond typical development application approval(s). Examples include proposals requesting one or more of the following:     

a community grant; a municipal land grant; a municipal land lease, at reduced market rate; a facility lease, at reduced market rate; and/or other considerations that could involve: o financial matters, such as: ƒ advertisement space within the “Township Page”; and ƒ reduced or waived application/permit fees. o non-financial considerations, such as: ƒ priority processing of development applications; and ƒ general support (e.g. promotional assistance).

The municipal reaction to proposals involving special consideration typically focuses on determining ‘public benefit’ or ‘community value’ associated with the subject proposal. Subject to sufficient community value being determined by Council, the issue of public compensation would need to be successfully negotiated if the proposal is to proceed.

FARMERS’ MARKET CONSIDERATIONS Page 3 . . . Compensation may be financial and reflect market value of the municipal asset or be any non-traditional form of community compensation deemed acceptable by Council. 1. Community Grants The Township awards grants annually to non-profit groups and organizations serving the Township and its residents. Community grants are reviewed by Council. Grants are approved on an individual basis each year and should not be viewed as an ongoing source of annual funding. Renewals are not automatic, neither are any increases in funding. General criteria that all applicants must meet in order to have their applications considered for funding include:      

the applicant must be a non-profit group or organization serving the Township of Langley; the majority of the members should be Township residents; the application must demonstrate that all other avenues of income generation have been pursued; the requested funding must not provide for administrative salaries; preference will be given to groups whose applications show a great deal of volunteer effort; only one grant per group is permitted; and submission deadline for all grant applications is the last Friday in January each year.

Of the three types of community grants available, only the “Community Events/Projects” category is potentially applicable to farmers’ market proposals. In this category, the established criteria states that: “funding of special events must benefit the community, involve Township of Langley residents and should be held in the Township. These projects should promote tourism or the identity of Langley. The maximum grant in this category is $2,500.00. On approval of the grant application, all organizations or groups may be requested to submit an evaluation of the use of the funds at either the end of the event/project or the calendar year, whichever occurs first. Failure to provide an evaluation will result in future grant requests not being considered.” The Township is aware of a farmers’ market being initiated on the Kwantlen Polytechnic University site this summer under the direction of a Society and a Market Manager. Because of its location, the Township’s farmers’ market grant considerations would not apply.1 2. Municipal Land Grants The Township has an existing policy for land acquisition and disposal (Policy #03835). The Township does not provide land grants; however, when appropriate, negotiates formal land leases.

FARMERS’ MARKET CONSIDERATIONS Page 4 . . . 3. Municipal Land Leases Township Policy #03-400 addresses questions relating to the leasing of municipal property. Essentially, the rental or lease of municipal property and buildings is completed in accordance with market conditions. Examples of existing lease agreements between the Township and non-profit groups include: Langley BMX Association – 20699-42 Ave.; Langley Quarter Midget Association – 26965-8 Ave.; Fort Langley Lions Club – 23022-88 Ave.; and Langley Meadows Community Association (Matheson House) on 64 Avenue. Common lease characteristics include:  the involvement of non-profit groups;  the provision of community benefits;  specific Township lands secured to the lessee for a short term period, typically five years;  nominal annual rents (e.g. $5 or $10); and,  the potential for renewable agreements. 4. Municipal Facility Lease Bylaws 4616 and 4644 establish fees and charges for Township services and information and impose fees regarding the use of municipal property, or the exercise of authority to regulate, prohibit or impose requirements. 5. Other Considerations The Township may receive farmers’ market proposals that request other types of ‘minor’ considerations. Because of the specific nature of these considerations the Township may need to respond on an ad hoc basis. Examples of other considerations may include: a. Financial Matters:  Development application/permit fee relaxation.  Use of advertising space – “Township Page”. b. Non-Financial Requests:  General municipal support (e.g. promotional).  Development process assistance. B.

Independent Proposals: Independent proposals are ‘stand-alone’ submissions that do not require extraordinary considerations from the Township in order to proceed as development applications/business proposals. Existing municipal land use policy and regulations accommodate farmers’ markets in various parts of the Township, depending on their nature and scale.

FARMERS’ MARKET CONSIDERATIONS Page 5 . . . Where independent proposals are proposing to locate within Township park, there would be additional requirements of compliance with the Township’s Parks Regulation Bylaw No. 1575 as amended and an expectation that there would be a facility use contract required with fees attached for market use of the space. It is expected that the Township would enter into a letter of agreement with the farmers’ market (society) for use of the passive area of Township park, which would include expectations of the farmers’ market, expectations of the Township and fees required. Subject to successfully obtaining the appropriate development approvals (discussed in this section), there may remain several operating prerequisites before a farmers’ market can open to the public. The nature and extent of these requirements can vary for each proposal and, for example, may include: one or more business licenses; resolution of washroom facilities; and evidence of ‘food safe’ courses, if part of the business plan; etc. The Township’s existing policy and regulatory framework relevant to farmers’ markets is illustrated in Appendix ‘A’ and is outlined below. 1.

Proposals Located within Urban Areas a) Pre-zoned Sites Farmers’ markets are permitted within all urban designated areas; however are limited to most commercial zones (i.e. C-3; C-4; C-5; C-6; C-17; C-18) and institutional zones (i.e. all Institutional (P) Zones, except the P-6 Zone), subject to complying with operational requirements (e.g. business licenses, traffic control/road closure permits, parking considerations and washroom facilities) that are application specific. b) Temporary Use Permits Although not currently used by the Township, temporary use permits provide another instrument that could enable farmers’ markets to locate in pre approved (i.e. designated) areas, subject to satisfying Township planning/servicing qualifications. Under s.921 of the Local Government Act (LGA), a temporary use permit:    



may permit the construction or use of buildings or structures to accommodate persons who work at farmers’ markets; may specify conditions under which the temporary commercial use may be carried on; requires a local government resolution for issuance, which must be preceded by public notice; may be issued with a condition requiring the owner of the land to undertake to: ƒ demolish or remove a building or structure; and ƒ restore land described in the permit to a condition and date specified in the permit. may be issued by the local government with a condition requiring security to guarantee the performance of the terms of the permit; if the owner of the land fails to comply with the undertaking of the permit the local government is authorized to carry out the required work at the expense of the owner;

FARMERS’ MARKET CONSIDERATIONS Page 6 . . .  

is effective until the date that the permit expires or two years after the permit was issued, whichever occurs first; and may be renewed once.

c) Other Potential Sites Requiring Policy/Regulatory Amendment(s) There may be sites within urban designated areas that require amendments to municipal policy/regulatory instruments in order to accommodate a farmers’ market. Proponents are encouraged to consult with staff to understand the anticipated technical, process and timeline requirements to enable an application to proceed. Council will also typically consider the potential impact of a farmers’ market proposal on adjacent properties and the neighbourhood. This is especially relevant where proposals are targeted in established areas or at sites not previously designated or zoned for such a use in a community/neighbourhood plan. Ideally, proposals should demonstrate project viability and respond favourably to ‘public interest’ type questions, including the following: ‘Public Interest’ Questions:

Desirable Supporting Information:

1. What is the impact of the proposal on non-commercial adjacent land uses and immediate neighbourhood?

An impact study, including consideration of: interface adequacy; site access, circulation & signage; hours of operation; management of site clean-up; and compatibility with community/neighbourhood plan policy.

produced economic 2. What is the anticipated a. Independently feasibility/impact study, to show project impact of the proposal on viability and provide niche analysis to competing ‘commercial determine the appropriateness of the type service area’ - short and and scale of the proposal and address how long term? the proposal may be successfully implemented without harm to existing and future designated businesses, especially potentially competing businesses.

3. What public amenities make a. Review of public transit options. this an attractive location for b. Review of public/worker washroom a farmers’ market? facilities. c. Review of public safety factors (e.g. provision for on-site security). d. Review of complementary services in the service area.

commercial

e. Review of proposed pedestrian environment (i.e. educational values, market layout, walking surface, drainage, and lighting).

FARMERS’ MARKET CONSIDERATIONS Page 7 . . . 2.

Proposals Located within Rural and/or ALR Areas The sale of primary agricultural products within the rural and/or Agricultural Land Reserve (ALR) is regulated by the Land Commission and/or the Township. Generally what is produced on a farm lot can be sold from the same farm parcel/unit and some regulatory provision is made to allow some accessory sales of ‘off-site’ produce from a farm lot. Proposals involving ‘off-site’ agricultural produce, representing more than 30% of the total produce sold, require further approvals from the Land Commission and the Township. a) ‘Farm Gate’ Sales Farm gate sales, or the sale of the primary agricultural products grown on a farm, are a permitted use on all ‘bona-fide’ farms within the Agricultural Land Reserve. b) ‘Farm Gate’ Sales +30% Municipal zoning also permits the sale on a bona fide farm of fruit and vegetables where at least 70 percent of the fruit and vegetables sold are grown on that farm, with the remainder grown in other areas of British Columbia. c) Farmers’ Markets i.

Rural Plan The Township’s Rural Plan policy (s.5.18) provides, as follows: “Rural farm markets due to their intense use are directed to the edge of urban areas where their impact can be minimized and municipal services provided. Rural farm markets will not be allowed to contribute to commercial sprawl along major roads; will remain small in size and secondary to bona fide agricultural/produce farm operations; and will not be allowed to evolve into convenience type stores. Rural farm market sites shall be designated as mandatory development permit areas to ensure that they are developed in a quality/attractive manner consistent with community standards. The subdivision of land will not be allowed to facilitate a farm market development.”

ii.

Zoning Bylaw The establishment of a farmers’ market on a new site within the rural/ALR area would require both ALC non-farm use approval and rezoning approval by Township Council.

FARMERS’ MARKET CONSIDERATIONS Page 8 . . . The Rural Farm Market RU-14 Zone provides that only the following uses are permitted and all other uses are prohibited: “(3) rural farm markets in the Agricultural Land Reserve subject to: a. the growing and sale of produce grown on-site remaining the principal permitted use; b. the RU-14 site area being limited to a maximum size of 0.4 ha and not exceeding 5% of the total farm unit area; c. the size of the rural farm market building (including outside storage and display) used for the sale of produce grown offsite being limited to a maximum of 130m2. A restrictive covenant shall be registered guaranteeing that 75% of all produce sales be of B.C. origin with a maximum of 10% processed farm goods; that grocery and sundry items will not be sold from the farm market; and that the farm unit will have a minimum size of 8.0 ha; d. municipal sanitary sewer and municipal water services shall be available to every RU-14 development. Access to a Provincial Highway from an RU-14 development shall be from a municipal road or right of way. (4)

3.

rural farm markets not located in the Agricultural Land Reserve may sell produce grown on and off the farm unit, however the area used for the sale of grocery and sundry items shall not exceed 10% of the gross floor area of the farm market building.”

Potential Operating Prerequisites Farmers’ market proposals that comply with Land Commission and Township regulations may apply for business license(s) and other potential operating prerequisites, such as washroom facilities and ‘food safe’ course(s). These prerequisites would have to be determined on a case-by-case and site-by-site basis, prior to final approvals.

POLICY CONSIDERATIONS: The Township adopted a Sustainability Charter on June 23, 2008. Farmers’ market proposals can be supported by the Township where they demonstrate compatibility with or complement the Charter’s goals. The following goals are particularly relevant: Social/Cultural Goals:  celebrate our heritage;  provide and support community based leisure opportunities; and  nurture a mindset of sustainability.

FARMERS’ MARKET CONSIDERATIONS Page 9 . . . Economic Goals:  develop livable and vibrant communities; and  strengthen our economy. Environmental Goals:  respect our rural character and rural heritage; and  reduce energy consumption; and  promote stewardship. COMMUNICATION: Consistent with the draft work program of the Township’s Agricultural Advisory Committee, ALR applications involving farmers’ markets would be referred to the Committee for review and comments. It is recommended that this report be referred to the Agricultural Advisory Committee and Economic Development Advisory Committee, for review and comment. Respectfully submitted,

Brian Doyle MANAGER / APPROVING OFFICER for COMMUNITY DEVELOPMENT DIVISION

Gary MacKinnon ECONOMIC DEVELOPMENT CO-ORDINATOR for COMMUNITY DEVELOPMENT DIVISION

BD/bd This report has been prepared in consultation with the following listed divisions. CONCURRENCES Division Name Recreation, Culture & Parks David Leavers Property Management Scott Thompson

ATTACHMENT A:

Diagram 1: Farmers’ Market Enquiries – ToL Consultation and Policy Framework

FARMERS’ MARKET CONSIDERATIONS Page 10 . . .

ATTACHMENT A Diagram 1: Farmers’ Market Enquiries – ToL Consultation and Policy Framework Farmers’ Market Enquiry to ToL

Staff Consultation: Proposal Reviewed and Categorized

B) Independent Proposal (not Requesting ToL Assistance)

A) Proposal Requesting Special Consideration(s) from ToL Evaluated Based on Municipal Criteria for:

Comm. Grant

Proposal Processed Under Appropriate Development Application

Urban

Pre-zoned Temp. Use Permits

Requires CP/NP/RZ Amendment(s) Bylaw(s) not Appr. Bylaw(s) Approved

Rural/ ALR Farm Gate Sales Farm Gate Sales + 30% Farmers’ Markets (Subject to ALC/RZ Approvals) Applic. not Approved Applic. Appr.

Potential Operating Prerequisites:  business license(s);  washroom facilities;  ‘food safe’ course(s); and  other - applic. specific prereq.

Land Grant

Land Lease

Proposal Satisfies Munic. Criteria for Assistance Proposal Fails to Satisfy Munic. Criteria for Assistance

Facility Lease

Other Considerations