Ag class, opposition hinders Lavender agri-tourism

Technically, the approval of a lavender agri-tourism venture hinges on the agricultural classification of the soil at a Concession 8 farm but it is the opposition of neighbours that has put it in the spotlight.
Property owner Jim Muzyka has applied to the Niagara Escarpment Commission (NEC) for a development permit for an on-farm diversified use (OFDU) to allow for farm tours and the construction of a 50-car parking area and a new shed to process the crop and host visitors.
Muzyka has planted 30 acres of lavender at the farm known as Fennario Meadows and is expecting 100 to 120 cars to visit each day at peak season, admitted through a reservation booking system.
NEC senior planner Judy Rhodes-Munk reported to commissioners at a July 15 meeting that OFDUs are only permitted on prime agricultural land.
Prime agricultural area is defined in the Niagara Escarpment Plan (NEP) as “an area where prime agricultural lands predominate. This includes areas of prime agricultural lands and associated Canada Land Inventory Class 4 through 7 lands, and additional areas where there is a local concentration of farms that exhibit characteristics of ongoing agriculture, reported Rhodes-Munk … “The Canada Land Inventory (CLI) mapping classifies the soil capability for agriculture on the property as Class 7T, which is the lowest on the scale but still included in the definition of prime agricultural area if it is found within or in proximity to prime agricultural lands (i.e., Classes 1 through 3 soils).”
Muzyka said he commissioned a soil survey of the property which indicated the subject lands contain approximately 64 per cent prime agricultural land.
The County of Simcoe is currently reviewing agricultural land mapping and any changes require approval from the Ministry of Municipal Affairs and Housing.
“Therefore, the NEC does not have the ability to determine if land should or should not be included in a prime agricultural area. For this reason, the subject lands are not, at this time, within an identified prime agricultural area, and OFDUs are not a permitted use,” reported Rhodes-Munk. “Although the subject property does not qualify for an OFDU, it is notable that the processing and sale of farm products is still permitted on the property, provided that it is done at a scale that is consistent with the NEP policies for home occupations and industries.”
In  the end, the commission voted to accept the staff report in support of that portion of the Fennario proposal dealing with home industry and request staff to report back to the September meeting with recommendations for appropriate conditions. The staff recommendation is that the farm tour aspect of the proposal be refused and that the parking area be scaled down to 20 vehicles, to accommodate customers and staff.
Commissioner Paul McQueen observed that allowing OFDU only on prime agricultural land seems counter to the aim of protecting that land.  The regulations would seem to suggest that a larger parking lot could be constructed on the very best agricultural land than on land with lesser value for agriculture.
Dufferin County commissioner Janet Horner noted that prime agricultural land is rare on the escarpment.  In fact, most farming activity is conducted on land Class 4 or lower. She says if OFDU is not allowed in Escarpment Protection Areas thousands of hectares are affected. She suggests the unintended consequence of NEC regulations may be to tie the hands of those in the agri-food system. 
“It is evident from the numerous e-mails NEC staff received expressing objection to the agri-tourism component of the proposal that neighbouring property owners do not consider the proposed OFDU to be compatible,” writes Rhodes-Munk. “Many of the surrounding properties can be described as estate residential uses with agricultural lands rented to farm operators. They have chosen this peaceful rural area to leave the urban area and associated traffic and population density behind. They value the larger lot sizes/less dense development and the natural features associated with the Niagara Escarpment. The thought of attracting visitors from the surrounding local region and GTA to the nearby farm property and increasing the volume of traffic on the winding, rolling Concession 8 is not perceived as compatible with these established residential uses.”
Opponent Mark Wallace describes a grassroots opposition to the agri-tourism proposal at 60 families and growing who have written to the NEC voicing their objections.
Wallace says the opposition group has no issue with lavender and are entirely supportive of agri-tourism but they don’t trust in the scale that Muzyka is proposing. They draw a correlation between the acreage of the lavender and the number of visitors, saying it will be a large scale attraction to rival the largest lavender farms in the country, on a secondary road, causing “uncontrolled Instagram tourism.”
They fear a lack of oversight once the permit is issued will allow Muzyka to do as he pleases, suggesting even with the reduced parking lot proposal of 50 vehicles, there could be up to 900 visitors per day based on 1.5 hour visits and three people per day.
Duane Metheral, a sixth generation local farmer and the tenant farmer of four Concession 8 farms, said he has concerns about tourists disturbing his cattle while they are giving birth and that the increased traffic will make the road even more dangerous than it already is for farm equipment operators.
“The road, with the extra traffic, it doesn’t make sense. It’s getting to the point where it’s not safe. It’s going to be chaos,” Metheral told The Echo… “It’s a fine line between agriculture and agri-tourism and it affects every farm on that road.”
Muzyka said he is not proposing a large scale tourism operation and is prepared to be held to the permit and conditions.
“The information that challenges that is outside any of the information we’ve presented,” he said. “Hold us to what we are proposing, that is the job of the NEC.”
John MacDonald said he found it surprising that commissioners didn’t discuss the merits of the NEP and are allowing for the “home occupations and industries” use given that there is no dwelling on the property.
In light of the outcome of the meeting, the campaign may have to double its efforts on the legal and regulatory side, but a full debriefing has not yet occurred with the parties involved, including engineers and their lawyer.
“We’re going full steam ahead,” he said.

– with files from Bonnie MacPherson.