REPORT TO

MAYOR AND COUNCIL

PRESENTED: MAY 4, 2009 - SPECIAL MEETING REPORT: 09-60

FROM: COMMUNITY DEVELOPMENT DIVISION FILE: 0540 - 20
SUBJECT: FARMERS’ MARKET CONSIDERATIONS

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
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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
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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 #03-
835). The Township does not provide land grants; however, when appropriate,
negotiates formal land leases.
FARMERS’ MARKET CONSIDERATIONS
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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
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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
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 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 An impact study, including consideration of:
proposal on non-commercial interface adequacy; site access, circulation &
adjacent land uses and signage; hours of operation; management of
immediate neighbourhood? site clean-up; and compatibility with
community/neighbourhood plan policy.
2. What is the anticipated a. Independently produced economic
impact of the proposal on feasibility/impact study, to show project
competing ‘commercial viability and provide niche analysis to
service area’ - short and determine the appropriateness of the type
long term? and scale of the proposal and address how
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 commercial
services in the service area.
e. Review of proposed pedestrian
environment (i.e. educational values,
market layout, walking surface, drainage,
and lighting).
FARMERS’ MARKET CONSIDERATIONS
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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
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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 off-
site 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) 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.”

3. 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
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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 Gary MacKinnon

MANAGER / APPROVING OFFICER ECONOMIC DEVELOPMENT CO-ORDINATOR
for for
COMMUNITY DEVELOPMENT DIVISION 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
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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 A) Proposal Requesting Special Consideration(s) from

(not Requesting ToL Assistance) ToL Evaluated Based on Municipal Criteria for:

Comm. Land Land Facility Other

Grant Grant Lease Lease Considerations

Proposal Processed Under Appropriate Proposal

Development Application Satisfies
Munic. Criteria
for Assistance

Urban Rural/
Proposal Fails
ALR
to Satisfy
Munic. Criteria
Pre-zoned Farm Gate for Assistance
Sales

Temp. Use
Permits Farm Gate
Sales + 30%

Requires Farmers’
CP/NP/RZ Markets
Amend- (Subject to
ment(s) ALC/RZ
Approvals)
Bylaw(s)
not Appr. Applic. not
Approved

Bylaw(s)
Approved Applic. Appr.

Potential Operating Prerequisites:

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