Transcript Brownfields 2011

Brownfields 2011
April 5, 2011, Philadelphia PA
Brief Summary of the Status of
Urban Agriculture Ordinances and
Codes
by
Ken Kastman, P. E.
URS Corporation
Much Activity and Energy has been Focused
on Developing Rational Ordinances
Each community and state have different issues
… but many issues are common
 Key concern is how to deal with scale of size
from a small garden to a large urban farm
 Few codes deal with environmental conditions
 Process takes time and patience
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Key Ordinance Issues Concerning
Urban Agriculture
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Definitions
Sale of Produce
Land Ownership/Leases
Property Taxes
Environmental Conditions
Land Review and Permit Fees
On-site Facilities and Processes
Legislation Overriding Community Codes
This presentation summarizes a few community
initiatives within the two past years
Communities with Current Initiatives
Regarding Ordinance and Code Changes
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Bloomington, IN
Chicago, IL
Cleveland, OH
Detroit, MI
Denver, CO
Madison, WI
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Miami, FL
New York, NY
Philadelphia, PA
Portland, OR
San Francisco, CA
Seattle, WA
Cleveland - Pilot Demonstration
(Government employment initiatives)
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Three year $1.1 million urban farm pilot program in
the Kinsman neighborhood
Joint venture of the City of Cleveland, Ohio DA,
USDA, and the Ohio State University Extension
Service
Six acres of land
Trains 20 local residents to grow crops they can sell
for profit to local schools, restaurants and farmer’s
markets; each resident gets ¼ acre to farm
Soil will be tested for hazardous substances
Source: Cleveland.com, October 28, 2010
Bloomington - Updated code
(Definitions)
“Urban Agriculture - Urban agriculture includes backyard
gardens, container gardens, edible landscapes, residential
greenhouses, herb gardens, rooftop gardens, berry patches,
vegetable gardens and other activities. Does not include the
raising of animals, except as permitted.
 Other issues:
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◦ Combined area of structures shall not exceed 15% of the
community garden site lot area
◦ Hours between 5:00 AM and 11:00 PM
◦ Trash must be removed at least once a week
◦ Lot area > 15,000 sq ft shall provide 1 parking space for each
2,000 sq ft > 15,000 sq ft.
Source: Bloomington IN Municipal Code; adopted June 29, 2009
Detroit - Proposed Policy
(Property value, permit fees and leasing)
• Sale land to small farms at reduced rates and
reduced tax rate
• Sale land to large farming operations - must
commit to “tangible and measurable benefits”
to receive similar tax breaks
• Land reverts back to the City if underused
• Create a City of Detroit Agriculture Review
Committee
• Create a Agriculture District Zoning Category
• Community garden and small farm - review
and permit fees would be reduced
Source: March 18, 2010 Urban Agriculture Policy Status Report
Detroit - Urban Agriculture Summit
(State/community issues)
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Michigan’s Commission for Agriculture (MCA)
and Department of Agriculture (MDA) need to be
involved in rulemaking. Solutions could include:
◦ Legislation amending the Michigan Right to Farm Act
to exempt urban agriculture
◦ Establish different GAAMP (generally accepted
agricultural and management practices) within the
MDA, or
◦ A new GAAMP for urban agriculture
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Property taxes and property assessment need to
be addressed
Source: Crain’s Detroit business, October 28, 2010
San Francisco - Planning Code Nears Reality
(Facility and construction issues)
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Code creates an “Agricultural Use Category” with two subuses (Neighborhood Agriculture and Urban Industrial Agriculture)
Allows sales between 6:00 a.m. and 8:00 p.m.
Allowed to sell produce from their garden/farm (but cannot
create a storefront or a defacto grocery store)
Cannot sell value added foods (e.g., jams or baked goods)
Compost areas must be set back at least three feet
Wood or ornamental fences only
Mechanized farm equipment prohibited (except during the
initial preparation of the land)
Source: Civil Eats, March 1, 2011 from February 17, 2011 Planning Commission
Meeting
Madison – Draft Zoning Code Replaces
43-year Old Code
(Scale of activities/approvals)
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Community gardens - allowed in any zone
Market gardens – allowed, with a special approval
Greenhouses and indoor fish farms - allowed with
special approval in certain zoning districts.
Urban agriculture - farming, composting,
greenhouses, classroom spaces and continuing
education - allowed with special permission
Prohibits commercial production or farm stands
on residential properties
Source: Wisconsin State Journal, October 15, 2009
Chicago - Broad (Draft) Approach
(Including commercial operations)
Deals with large scale commercial
operations (e.g., composting, hoop houses,
vertical farms, zoning, parking)
 Considers soil contamination solutions
 Does not yet allow on-site produce sale
 Allows community gardens in multiple use
zones (not just residential)
 Considers principal use vs. accessory use
situations
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LEED - Neighborhood Design Credit for
Local Food Production
(Private property initiatives)
Minimum Garden Space by Project density
Project Density (dwelling
units/ acre)
> 7 and < 14
Growing Space (sq. ft. / dwelling
unit)
200
> 15 and < 22
100
> 23 and < 28
80
> 29 and < 35
70
> 35
60
Source: NPD Credit 13: Local Food Production, LEED ND 2009
Resources
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[email protected]
cleveland.com/metro
indianalivinggreen.com/farming-news-topics
www.sfuaa.org/urban-ag-zoning-proposal
www.urbanfoodpolicy.com/2011/01/chicagosurban-agriculture-zoning
[email protected]
Transformbaltimore.net
APA Planning Advisory Services Jan 2011 codes
Thanks!
[email protected] Ph: 312.697.7230
Ken Kastman,V.P., P.E.
URS Corporation
Chicago, Il
Questions?