ORDINANCE NO. 130983, AS AMENDED

Establishing the Urban Agricultural Zone Advisory Commission for the purposes of advising the City in establishing policies for urban agricultural zones.

WHEREAS, Section 262.900 RSMo (the “UAZ Act”), authorizes the City to establish various types of urban agricultural zones throughout the City for the purposes of promoting the local production of produce or other agricultural products, raising and processing of livestock or poultry, and sale of predominantly locally grown foods on blighted land; and

WHEREAS, the UAZ Act authorizes the City to offer certain economic incentives; and

WHEREAS, the UAZ Act provides the City broad discretion in determining which urban agricultural zone projects should be implemented and the incentives they should receive; and

WHEREAS, the City desires to codify standards to guide the City’s staff in implementing the UAZ Act and ensuring that the desired outcomes are attained, which outcomes include, but are not limited to, redeveloping or reusing idle and/or blighted urban properties, promoting innovation in agriculture, creating jobs, expanding local agriculture-related business, and improving access to locally produced healthy foods; and

WHEREAS, the City acknowledges that the formulation of urban agricultural policy should include an opportunity for input from those working and having experience in the relevant urban agricultural industries; and

WHEREAS, the City desires to assemble an advisory commission for the purpose of studying the relevant issues and making recommendation to the City Council within a timeframe that will allow for full implementation of the UAZ Act by Spring 2014; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Urban Agricultural Zone Advisory Commission (“UAZ Advisory Commission”) is hereby created and established and shall consist of eleven (11) members appointed by the Mayor and comprised as follows:

a.       Five (5) representatives having experience in or representing organizations associated with sustainable agriculture, urban farming or community gardening.

b.      Four (4) city staff members having an interest in issues related to the implementation of urban agricultural zones, including one member from the Department of Water Services, at least one member from City Planning and Development, and at least one member from the City Manager’s Office.

c.       One (1) representative of the Economic Development Corporation of Kansas City, Missouri (EDCKC) having an interest in issues related to the development of local agriculture-related jobs and businesses.

d.      One (1) city councilperson having an interest in issues related to the implementation of urban agricultural zones and drawn from the membership of the Planning, Zoning and Economic Development Committee.

Section 2. That in order to best serve the interests of the City and its residents, the following goals and objectives should guide the UAZ Advisory Committee in implementing the UAZ Act:

a.       Improvement of access to healthy food, especially in communities that meet the criteria of a “food desert” according to the U.S. Department of Agriculture;

b.      Redevelopment or reuse of blighted or idle urban properties;

c.       Creation or growth of local agriculture-related employment opportunities and small businesses that otherwise might not occur, especially in economically disadvantaged neighborhoods;

d.      Innovation in urban agriculture enterprises with the potential to open new markets and employment opportunities including but not limited to institutional buying, food hub development and indoor farming/hydroponic practices

e.       Promotion of sustainable land use practices and water resource conservation strategies within the urban core; and

f.       Community outreach to promote healthier lifestyles, safe and organic gardening practices.

Section 3. That the UAZ Advisory Commission is hereby charged with identifying, studying and making recommendations for implementing the UAZ Act and shall consider the following issues, in addition to any others which it determines to be advisable in the establishment of a sound urban agriculture policy:

a.       The areas in the City in which the urban agricultural zones should be considered and disallowed, if any.

b.      Minimum and maximum sizes that should be considered for each type of urban agricultural zone.

c.       Whether the land occupied by an urban agricultural zone should be limited to urban agricultural purposes only or additional uses allowed.

d.      The minimum and maximum time durations for urban agricultural zones (not to exceed 25 years).

e.       Criteria to be applied in determining whether an urban agricultural zone should be established and which should take into account the type of urban agricultural zone being proposed, whether it is to be a for profit or non-profit enterprise, and the need for economic incentives.

f.       Criteria for ensuring that the level of economic incentives correlates to the need of the urban agricultural zone being proposed.

g.      Mechanisms for monitoring compliance with the UAZ Act and related ordinances.

h.      Standards to be applied in determining whether an urban agricultural zone should be dissolved.

i.        Approaches to establish a coordinated and comprehensive response from the City for proposed urban agriculture projects to coordinate and direct resources for environmental assessments and remediation, infrastructure improvements, and availability of City-owned properties (and other properties owned by agencies related to the city).

Section 4. That the UAZ Advisory Commission shall convene with such frequency as it shall determine appropriate for the tasks assigned to it and shall complete its work and make its recommendation to the City Council in the form of an ordinance to be introduced no later than April 10, 2014.

Section 5. That the UAZ Advisory Commission may make recommendations to the City Council on how the UAZ Act might be modified to best fulfill its objectives and shall present those recommendations, if any, to the City Council so that the City may elect whether to advance them as part of its legislative priorities in Jefferson City.

Section 6. That the members of the UAZ Advisory Commission shall select their chairperson from amongst themselves at their initial meeting. A simple majority of the appointed, active members shall constitute a quorum for purposes of conducting the initial meeting and each meeting thereafter unless the committee shall elect to provide by motion, duly adopted, that a larger number shall be required.

Section 7. That the UAZ Advisory Commission shall have the authority to adopt rules and procedures not otherwise inconsistent with anything herein to govern its operation.

Section 8. That the UAZ Advisory Commission shall expire on May 1, 2014 unless otherwise extended by the City Council.

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Approved as to form and legality:

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Brian T. Rabineau

Assistant City Attorney