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Planning and Policies to Encourage Urban Agriculture in Denver:
A Path to Healthy Communities, Equal Food Access, and Sustainable Urban Development




                       University of Denver, Sturm College of Law
                                Professor William Shutkin




                            Spring Semester 2011, Final Project:
        Innovations in Policy and Business for Smart Growth and Sustainable Cities




         By: Jeffrey John, Lauren Suerth, Dan Valenzuela, and Michael Whitehorn




                                                                                      0
I. Introduction
        Urban agriculture encompasses the growing, processing, and distributing of food or other
products through intensive plant cultivation and animal husbandry in and around cities.i The concept of
urban agriculture dates back to the very earliest human societies. In fact, the ability to organize agriculture
in close proximity to concentrated populations may have been the start of modern civilization, as we
know it. However, the post-industrial era has transformed our food system. As cities grow larger an
astonishing volume of inputs, especially for food, are required to meet the populations‟ needs. By one
estimate, “New York‟s approximately eight million inhabitants … eat an amount of food that requires a
land mass the size of Virginia to grow.”ii The political and economic support of subsidized commodity
crops, like corn and soybeans, have created artificial prices and significantly increased the consumption of
hydrogenated vegetable oils, processed corn sugars, and meat.iii Over consumption of these unhealthy
food choices leads to obesity, heart disease, and other related illnesses.iv Additionally, the relentless
separation of agriculture from urban centers has resulted in communities isolated from fresh and healthy
food choices, living in areas now known as urban “food deserts.”
        Food deserts are defined as neighborhoods with high poverty rates and limited access to healthy
foods. People living in food deserts are more susceptible to obesity and other diseases related to poor
nutrition and unhealthy diets. The barriers restricting access to healthy food are both physical and
economic. In some communities the distance to the nearest grocery store is over three miles.v With
generally limited transportation options, existing convenient stores and small markets meet the
community‟s needs with lower quality food choices available at higher costs. The socioeconomic
characteristics of food deserts tend to be lower income mixed race communities that spend more of their
annual income on “food at home” than high-income predominantly white communities.vi
        Food deserts have recently received national attention. In 2009, the USDA released a report
indicating health risks in food deserts and potential actions to alleviate the food access problems. And in
2010, the Obama administration unveiled the Healthy Food Financing Initiative to promote greater access
to healthy food in food deserts.vii The initiative is backed by $400 million in funding to bring grocery
stores and healthy food retailers to food deserts.viii While federal programs develop and gain momentum,
state and local governments have gotten deeply involved to assure their citizens have access to healthy
foods. Cities in California, New York, Pennsylvania, and Washington, have already implemented
strategies to confront food deserts. Denver city officials and planners have recently incorporated strategies
for urban agriculture into a new zoning code, however there are still crucial steps to take on the path to
encouraging more urban agriculture and more affordable and healthy food choices for Denver residents.
        There are significant environmental costs associated with the current industrial food system
including air pollution, water contamination, soil erosion, reduced bio-diversity, and climate change.



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Food products shipped into urban areas typically travel between 1,500 and 2,500 miles from farm to
plate.ix The inherent inefficiencies and petroleum-dependency of our current industrial food system have
established a fragile and insecure arrangement where somehow hunger persists for millions in the midst
of plenty for others.x In order to develop socially equitable and sustainable cities, urban areas will have to
rely on local agriculture to feed people and also for broader functions, including economic vitality,
entrepreneurship, individual health, community well being, landscape beautification, and environmental
restoration.xi


II. Opportunities for Policy and Business Innovations to Encourage Urban Agriculture in Denver
         This paper will focus on city planning, market creation, distribution, and community economic
development, as four distinct but interrelated approaches to encourage local food production in Denver.
We have narrowed the focus of this paper to Denver for three reasons: First, because local agencies,
equipped with police power to ensure public health, safety and well-being, are best suited to implement
methods directed at solving unequal food access.xii Second, because as University of Denver law students,
we have built academic relationships with organizations such as the Denver Regional Council of
Governments (DRCOG) and Live Well Colorado, who are both actively researching and planning for
local food system improvements. And lastly, incorporating local food systems into the city‟s strategic
planning process directly supports the goals of establishing Denver as a new sustainable urban center.
         Each section of this paper presents opportunities for innovative strategies to realize the
environmental benefits, societal improvements, and sustainable long-term growth potential of Denver and
the Rocky Mountain Metro-Region. By deliberately keeping a narrow focus on the City of Denver, this
paper advocates for solutions that are scalable and replicable for other cities and municipalities faced with
similar problems. By working with groups like DRCOG, these innovative strategies can be highlighted as
successful models for supporting local food systems and larger regional food systems to benefit the entire
Rocky Mountain metropolitan region.


A. Innovative City Planning Methods Integrating Agriculture with Urban Areas
         Historically, food systems are not part of the planning practice, and only the most progressive
cities are incorporating urban agriculture into their plans and policies. The City of Denver is emerging as
one of these progressive cities because it recognizes the importance of urban agriculture in its recently
adopted zoning code. The city enacted the code in June 2010, and it utilizes and addresses the most
innovative planning techniques and issues to date, so it is not surprising that the code includes urban
agriculture.xiii




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The zoning code allows small gardens and commercial agriculture in various capacities and
existing districts.xiv This is necessary for a viable local food system because it creates a property right to
grow food within city limits, and establishes it as a legitimate land use and community development
strategy. Furthermore, according to the American Planning Association, the urban agriculture provision is
a “standout example“ because it goes beyond average community garden ordinance and allows
commercial agriculture throughout the city.xv
        However, because the 2010 zoning code is the first time the City of Denver has recognized urban
agriculture, it does not address the issue in its comprehensive plan or its sustainability plan.xvi A key
indicator that a community supports urban agriculture is to incorporate it into the cities comprehensive,
strategic, functional, and subarea plans.xvii Incorporating strategies that can build a strong local food
system is very important to the long-term public interest and the future vision for Denver‟s growth.xviii
Therefore, the City of Denver can become a model for local food production if it incorporates urban
agriculture into BluePrint Denver and GreenPrint Denver, which are its comprehensive and sustainability
plans respectively.
        1. Comprehensive and Sustainability Plans
        The Live Well Colorado Food Policy Blueprint points out that there are significant regulatory
barriers to local food efforts throughout the Rocky Mountain region. For example, many cities have rules
and regulations that impede food sharing, food gleaning programs, and the sale or donation from other
small-scale food producers to individuals or organizations. The City of Denver should address these
issues by integrating local food production and distribution into BluePrint Denver and GreenPrint
Denver. Since the comprehensive and sustainability plans define a long-term vision of the future, they are
the appropriate documents to establish priorities and develop initiatives for local food systems. Amending
the comprehensive and sustainability plans is timely. The city adopted BluePrint Denver in 2002, and
comprehensive plans are typically revised every ten years, so it should update the plan within the next few
years.xix Similarly, GreenPrint Denver is a five-year plan and the city adopted it in 2006, so it should be
up for revision this year.xx These are excellent opportunities to integrate urban agriculture into Denver‟s
vision of the future.
        BluePrint Denver and GreenPrint Denver should prioritize urban agriculture in two ways: first,
by establishing it as the “highest and best use” of land, and second, by viewing it on the same level as
other vital infrastructure, such as roads and sewers.xxi This can establish urban agriculture as a strategy for
citywide improvements and can connect the local food system to other Denver sustainability projects. The
city can implement these initiatives by creating a local food policy council and urban agriculture plan.xxii




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2. Food Policy Council
        Denver should establish a local food policy council (“FPC”) in order to provide an effective
forum for diverse groups of stakeholders to come together to design positive changes in their food
system.xxiii FPC‟s are advisory groups to the city council, and are composed of representatives from the
local food sector as well as a few city staff members. The central purpose of most Food Policy Councils
is to identify innovative solutions and implement them on a local or state level, spurring economic
development and “creating a more environmentally sustainable and socially just” food system.xxiv “FPCs
often engage in food system research and make policy recommendations, and can even be charged with
writing food policy.”xxv Thus, their objective is to be a collective, well-informed, advocacy-oriented voice
to develop policies that increase the production and distribution of local foods within a community.xxvi
        A FPC could help the City of Denver create and implement the urban agriculture plan because it
provides comprehensive practical and institutional knowledge that is necessary to link local food to
citywide issues. The FPC would address each issue by creating working groups that address specific areas
of the plan and focus on the implementation efforts. The city would ensure the timeliness and success of
the working groups by assigning a city staff person to each group as the convener, and task the
appropriate city departments to the recommendations forward.xxvii
        3. Urban Agriculture Plan
        The urban agriculture plan would function similarly to a sub-area plan or a neighborhood plan.
This way, a more focused plan would provide more detail than an all-encompassing citywide plan, and
the citywide plans would then defer to the urban agriculture plan when addressing issues related to the
local food system. In contrast to a sub-area or neighborhood plan, the urban agriculture plan specifically
analyzes the relationship between local food and all other facets of a community.xxviii A strong and
focused urban agriculture plan can provide a comprehensive guide to local food production and
distribution in Denver.xxix A clearly defined plan can also integrate urban agriculture into existing policies
and make recommendations for future actions that would strengthen the local food system.xxx
Furthermore, once the plan is in place, the city must consider urban agriculture strategies when it reviews
project proposals, and it can impose conditions that promote local food production and distribution.
        4. Implementation
        The plan and task force should address a few basic planning components, such as: (1) Analyzing
GIS data to identify areas that lack fresh food resources.xxxi For example, DRCOG created a Food Assets
Map, appendix E, that identifies the location of every grocery store in its region. The city can condense
this information to its jurisdictional limits, and overlay it with socioeconomic, age demographics,
residential density, and vacant parcel data. (2) Enacting a zoning code that permits farmers markets as a
primary use in the retail sales and sales services districts, and by right or subject to operational and site



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standards in mixed use and commercial districts.xxxii (3) Adopting an administrative provision to sanction
the use of city-owned property for farmers markets pursuant to operational and site standards.xxxiii And (4)
Adopting resolution clarifying that residents may plant gardens in the strip of the public right-of-way
between the sidewalk and the curb.xxxiv These actions would enhance Denver‟s existing urban agriculture
zoning code because they sanction local food distribution within the city.


B. Opportunities for Local Market Development
The success of an urban agriculture model is also highly dependent on its economic viability. Urban or
local food systems are hindered by high cost, inefficiency, and lack of awareness.xxxv The
recommendations in this section address these problems by promoting initiatives that allow Denver to
create a viable economic framework for local food growers and while directly addressing food deserts and
unequal food access.
        Addressing the problem of food deserts requires dealing with complicated issues such as
unemployment, socioeconomic inequality, and sustainable urban growth.xxxvi This section provides three
solutions, which by capitalizing on economic opportunities in underserved communities, can create jobs,
build stronger neighborhood relationships, and promote sustainable development. These goals are
achievable by increasing the local food procured by large institutions, facilitating investment in isolated
food deserts, and building awareness through existing sustainability models. Utilizing urban agriculture to
directly confront food deserts will promote a wider adoption of smart growth principles while also
growing a strong local food system for the benefit of Denver‟s residents.
        A quick survey of the plans and initiatives already implemented by states and cities shows that
there is no single solution to solve food deserts and unequal food access.xxxvii Accordingly, Denver‟s food
system requires a unique and appropriately tailored approach.
        1. Large Institutions’ Ability to Increase Demand for Locally Produced Food
        In the City of Denver, there is ample opportunity to create demand through large city operated
institutions. Large institutions such as schools, government buildings, and hospitals purchase millions of
dollars of food per year. For example, the Denver public school system has $29.9 million yearly budget to
spend on food.xxxviii Redirecting these funds to local growers will instantly create a viable market for
locally grown food.
        This is an important step in creating a viable urban agricultural market. These large institutions
will instantly create a reliable stream of revenue for local growers. In return, the city will promote healthy
food choices for its citizens and reinvest money into the community. Economic studies show that for
every dollar spent on chain or processed food, thirteen cents returns to the community where the store is
located. On the other hand, one dollar spent on local products returns forty-five cents to the



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community.xxxix This recommendation will not only create a viable economic framework for local growers
but also strength Denver‟s local economy.
          2. Financing Initiatives Create Jobs and Build Local Economies
          Currently, there are many economic incentives that are in place to promote healthy food
initiatives. Grants, low interest loans, tax credits, and venture capital programs exist to promote
investment in underserved areas, job creation, training, and innovative sustainable endeavors. (Appendix
A-D). Successfully implemented urban agriculture policy requires a system that understands the
economic incentives available and uses them to drive investment through local food systems.
          A financing initiative to promote local food production should be a multi-faceted partnership
between the city, non-profits, and community interest groups.xl The focus of the financing program should
directly address food desserts, unemployment, and community building. These are key components for an
effective financing initiative, one that is attractive to government entities and private investors. This
financial initiative is comprised of three interrelated components.
          The first component is a government-sponsored office that organizes and manages available
financing and grant options for individuals interested in investing in local food ventures. This group will
also provide funding to supplement or match secured financing from other grants or loans.
          The second component is an organization that coordinates relationships between communities
and developers recognizing the unique needs and the available resources of potential supermarkets,
producers, or other investors.xli This group will provide negotiating expertise and help maintain strong
relationships with potential investors. The group will also help attract new supermarket chains, and
facilitate funding for existing stores interested in modifying operations for the explicit purpose of selling
fresh produce.
          Finally, the third group is a community-based group, made up of non-profits, education
institutions, and advocacy groups dedicated to enhancing job opportunities for the local population.xlii
Ideally, the increased investment will create a large number of new and stable job opportunities. The jobs
should range from short-term construction jobs, design and engineering work, to contract drafting and
longer-term retail level employment. It is important that the local community realize the benefits of these
job opportunities. Employing local residents will increase the economic strength of communities and
ultimately, the region as a whole. This financing initiative integrated amongst all three organizations will
create jobs for the population, strengthen the local economy, and provide healthy food to the citizens of
Denver.
          3. Green Building Certification for Urban Agriculture Improvements
          Although food is not traditionally associated with energy efficiency goals invoked to combat
climate change, there is growing evidence that our industrialized food system has significant and negative



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environmental impacts. Currently, food travels thousands of miles from farm to plate, and significantly
impacts water, air, and soil quality. Coupling food policy with already successful sustainability initiatives,
designed to protect natural resources and reduce petroleum dependency, will build awareness and create
new market opportunities for urban agriculture. Specifically, adopting local food production and
consumption requirements for green building certification can help reduce the use, cost, and negative
environmental impact of the current industrialized petroleum dependant food system.
        A major component in the nation‟s efforts to meet energy efficiency goals is the development of
energy efficient and environmentally friendly “green buildings.” Programs exist on the national and local
levels that provide energy saving criteria to certify green buildings. On the national level, the US Green
Building Council (USGBC) uses a Leadership in Energy and Environmental Design (LEED) system to
rate buildings.xliii LEED is an internationally recognized certification for environmentally friendly
buildings highlighting strategies intended to improve water efficiency, energy savings, carbon emissions,
environmental quality, and the stewardship of natural resources.xliv Locally the City of Denver has similar
programs in the Built Green Coloradoxlv initiative and through the Denver Sustainability Committee.xlvi
Green projects are a leading factor in reducing the use, cost, and negative environmental impact of energy
and natural resource consumption.
        Crucial oversights of green certification requirements on the national, state, and local levels are
environmentally responsible and economically beneficial food policies. Excluding food related policies
from green building certification neglects the benefits of local food systems, such as: job creation,
decreased food-miles traveled, increased green space, community organization, and reduced petroleum
dependency. Potential criteria for a green building certification framework could include some or all of
the following factors:
                     Distance from grocery stores
                     On-site gardens
                     Kitchens designed to cook fresh food
                     Adequate storage for fresh food
                     Absence of vending machines
                     Contracts with local growers
                     Sponsoring on-site famers market
                     Sponsoring on-site educational urban agricultural events
        Denver will receive two major benefits from adding food policies to green building certification.
First, coupling food policy with sustainable development policy integrates food access and urban
agriculture into the discussion. Including food policy in sustainable development planning will create new
market opportunities and further innovative ways to promote strong local food systems. Second, requiring



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food production and consumption criteria in green building designs will compel developers and property
owners to begin thinking about economic decisions that will impact their property‟s agriculture footprint.
Green building certification is a desirable and marketable designation and adding food system criteria to
green design standards will create business for local growers, benefit the health of urban Denver
residents, and encourage more environmentally friendly businesses practices.


C. Community Food Hubs Address Distribution Needs
        A community food hub is a central facility where mid to small size local and regional growers
connect with individual consumers, as well as mid-to-large size organizations in need of healthy, fresh,
local food. These facilities can be placed throughout a metropolitan area in order to build a network of
local food distribution centers.xlvii Their goal is to provide better access to locally produced food, help
meet the increasing demand for local food by organizations and consumers, and to provide a “storefront”
for small and mid-sized local growers who are otherwise left out of the marketplace.
        1. Benefits of Community Food Hubs
        In addition to the opportunities identified in the introduction that can decrease food miles
traveled, and limit the environmental costs associated with food delivery systems, there are several
communities in the Denver Metropolitan area that are in need of affordable, fresh, and local food choices.
These communities have been identified through a Geographical Information Systems (GIS) study of
food assets within the City of Denver, produced by the DRCOG, that overlays proximity to major grocery
stores, other food outlets, and socioeconomic information.xlviii This map can be used to identify areas that
would benefit the most from the creation of a community food hub.
        A community food hub is associated with multiple major benefits. First, it allows increased
access to fresh and healthy food choices for restaurants, markets, and consumers. A food hub can create
the necessary infrastructure to allow local food buyers to purchase, prepare, and serve local fresh food
directly to the community.xlix As such, the hub also functions as a traditional community center, capable
of providing community based services, like shared kitchen space, or a healthy cooking classes.l The hub
can also create jobs along the entire food supply chain needed for the successful operation of the hub.li In
practice, food hubs on average account for almost one million dollars in sales annually.lii
        2. Implementing Community Food Hubs
        A community food hub serves as an aggregator. Every morning food is delivered or picked up
depending on proximity and taken to the community hub. A hub can serve upwards of 40 small to mid-
sized local farmers.liii The food from producers entering a hub is recorded in an online database available
to restaurants, schools, food service directors, and individual consumers. The hub‟s staff can update the
database as new food comes in, and include information like, types of foods, place of origin, food miles



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traveled, nutritional information, as well as information on the grower. Consequently, a restaurateur
desiring more local ingredients on the menu, can log onto the web-based tool each morning, see what is in
stock and fresh, reserve some items, and create a menu based on the fresh local produce acquired at the
community food hub. The hub could also organize and schedule deliveries directly to the restaurant.liv
        A successfully implemented food hub is comprised of several major components. First, as an
aggregator of products from multiple growers, the hub maintains a volume comparable to, and
competitive with, food wholesalers, thus increasing the ability of small food producers to take advantage
of economies of scale. Second, a physical facility allows for a number of beneficial functions. The facility
can be used to store and preserve food, as well as host community organizations dedicated to increasing
benefits of local healthy food choices. Third, a community food hub will be able to provide many services
that small and mid-sized farmers cannot otherwise access on their own, such as, the web-based database,
business and enterprise services, as well as liability insurance that meets the requirements of local
organizations. Lastly, the hub creates convenient access to locally grown foods. Many of the problems
associated with food deserts are attributed to a lack of choice.lv Strategically establishing community food
hubs can eliminate limited healthy food choices and establish a foundation for equal food access
regardless of socioeconomic disadvantages.lvi


D. Community Economic Development
        Economic development and community building efforts meet at urban agriculture and strategies
to address equal food access. The American Economic Development Council defines economic
development as the "process of creating wealth through the mobilization of human capital, financial
capital, physical resources and natural resources to generate marketable goods and services."lvii At the
local level, economic development is best understood as a set of state and local governmental practices
designed to encourage the creation of new business or the relocation of existing businesses from one
geographic area to another. Community building, by contrast, refers to social, human, and "place-based"
development at the neighborhood or community level. In the domestic, local context, community building
is a self-help strategy employed by community organizations.lviii
         Community economic development (CED) can be characterized as a hybrid of the two that
promotes the overall quality of the community. CED views the neighborhood holistically, valuing human,
environmental, and economic assets. By treating the area as a distinct and insular economic unit,
stabilization and revitalization of the community can be encouraged through organizations, the built
environment, and economic development. The theory is that by encouraging the social, physical, and
human development of a neighborhood or community, overall quality of life, human health, economic
health, and environmental health can all be improved.lix



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Encouraging local food production creates opportunities for community members to empower
themselves, ensure development is responsive to community needs, and maintain a long-term vision for a
healthy and productive community. Urban agriculture is not only a good fit for the community economic
development model, but it also can be seen as an innovation to the CED strategy. Food is a basic need for
any community, the emotional connection to food is very strong, and the benefits of fresh and nutritious
foods have far reaching health benefits.
        Community economic development, as it relates to local food systems, emphasizes self-reliance
within distinct economic areas.lx Community food security programs help to keep family farms in
business and they educate farmers on sustainable agriculture and the business of farming.”lxi Increasing
food security and access to local produce also helps small businesses, local suppliers, and neighborhood
consumers keep money in the community. Common activities where CED connects with local food
systems revolve around production and marketing.lxii These projects often involve young people as the
key leaders and organizers addressing future food system challenges and encourage community members
and community organizations to be closely involved.lxiii
        “Although most think of the U.S. as a country of great abundance, almost 50 million people had a
hard time finding enough to eat.”lxiv It is also estimated that “one in four children do not have dependable
access to adequate food.”lxv Community based food programs, operating according to the principles of
CED, can make significant improvements to equal food access in underserved urban areas.


III. Conclusion
        Each of the four sections addressed above have important interrelated concepts that depend on
each other during their implementation. Therefore, to address the stated goals of cultivating a robust local
food system in Denver-area food deserts, a whole-system approach is necessary. Planning innovations
and a Denver Food Policy Council will inform new market formation, distribution hubs will in turn rely
on market supports, and community economic development organizations will further improve the health
of local economies and communities.
         The FPC will be most suitably positioned to determine the particular needs of communities and
help to build strong relationships with local citizens. For example, recommendations made by the FPC
will work by driving investment into areas with limited healthy food choices through local financing
institutions and community groups. Similarly, the FPC can secure funding and strategic locations for
regional food distribution. Lastly, a strong FPC will work with community groups and local non-profits to
identify particular community food needs and promote a positive and healthy quality of life.




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Appendix A, Federal Funding Opportunities


             Program                         Agency                       Potential Use
Community Food Security Projects                             Food Policy Council
Competitive Grants Program                   USDA            Regional Food Hub
                                                             Community Gardens

Hunger Free Communities Grant                                Cooperative grocery store
                                             USDA            Community gardens

Specialty Crop Block Grant                   USDA            Regional food hub

Agriculture and Food Research                                Developing food access strategies
Initiative Competitive Grants                USDA
Program
Healthy Food Financing Initiative                            Corner store conversion
                                        USDA, HHS, TR        New supermarkets

Regional Innovation Initiative               USDA            Regional economic development

Green Jobs Innovation Initiative                             Migrant farmer training
                                              DOL            Regional food hub

                                                             Urban farm job training
Workforce Innovation Partnership           DOL, DOE          Culinary skills development
                                                             Regional Food Hub



Healthy Communities Initiative                               School/Community Gardens
                                              EPA

Interagency Partnership for                                  Integrate food systems into green building
Sustainable Communities                 EPA, DOT, HUD         certification




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Appendix B, Tax Incentives


     Economic Incentive                                           Description
                                 Cities, counties, and special districts may negotiate a personal property
 Personal Property Tax Credits   tax rebate of up to 50 percent for 10 years.

                                 Cities may consider waiving or rebating local sales/use taxes for
     Local Tax Abatement         construction materials, personal property, and manufacturing equipment


                                 The program allows companies to apply to the Colorado Economic
  Job Growth Incentive Tax       Development Commission (EDC) for a state income tax credit based on
                                 the payroll tax cost they incur from creating new jobs. To qualify for the
                                 credit, companies must create at least 20 new jobs in urban areas or five
                                 new jobs in rural enterprise zone areas, and pay wages above the local
                                 average.

    Contaminated Land            An income tax credit for expenses associated with the redevelopment of
 Redevelopment Income Tax        contaminated land is available for qualified projects.
          Credit

                                 The Enterprise Zone Program provides tax credits for private enterprise
       Enterprise Zones          to expand and for new businesses to locate in economically distressed
                                 areas of Colorado as designated by the Colorado Economic Development
                                 Commission (EDC).

                                 The CAPCO program was created by the Colorado State Legislature in
 Certified Capital Companies     2001 to provide venture capital funds to new and expanding small
      Program (CAPCO)            businesses throughout the state.

                                 The Colorado General Assembly passed legislation that established a
   Colorado Venture Capital      Colorado Venture Capital Authority in 2004. The VCA makes seed and
       Authority (VCA)           early-stage capital investments in businesses from $250,000 to $3.3
                                 million.

                                 Permits taxpayers to receive a credit against Federal income taxes for
   New Market Tax Credit         making qualified equity investments in designated Community
        (NMTC)                   Development Entities (CDEs).


                                 Provides a state income tax credit for qualified investors that make
Colorado Innovation Investment   investments during a calendar year in a small qualified Colorado business
          Tax Credit             involved primarily in research and development or manufacturing of new
                                 technologies, products, or processes.




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Appendix C, Local Grant Programs


     Economic Incentive                                         Description
                                  Grants are awarded to Colorado companies working to implement a new
   Existing Industry Grant        technology to remain competitive and retain jobs in Colorado.


                                  Grants are for companies moving to the state or for existing companies
      Colorado FIRST              planning to expand.


                                  These grants are designed to provide funding to determine the feasibility
Planning and Feasibility Study    of a project or to plan for a project. Generally, funding may be provided
           Grants                 up to $20,000 per study; however, this amount may vary based on a
                                  number of factors.

                                  The infrastructure program utilizes federal funds from the U.S.
  Infrastructure Assistance       Department of Housing and Urban Development to construct or improve
           Program                infrastructure. To receive the grants, companies must demonstrate that
                                  the project will create or retain low- and moderate-income jobs



                                  The Governor's Energy Office awards New Energy Economic
 Clean Energy Fund Grants         Development (NEED) grants to promote emerging energy efficiency and
                                  renewable energy technologies.




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Appendix D, Other Economic Incentives


    Economic Incentive                                         Description
                                Provides state funds for qualified economic development projects.
                                Funds may include grants, low interest, short-term loans, or an interest
   Colorado Economic            write-down on a loan. Each project is considered on a case-by-case
 Development Commission         basis using factors such as the number of jobs, salary levels, location,
                                local participation, and resource availability.

                                   Rural Lender Advantage: Initiative is designed to accommodate
                                    the unique loan processing needs of small community/rural-based
                                    lenders by simplifying and streamlining loan application process
                                    and procedures, particularly for smaller SBA loans. It is part of a
                                    broader SBA initiative to promote the economic development of
                                    local communities, particularly those facing the challenges of
                                    population loss, economic dislocation, and high unemployment.
                                   B&I Loan: If your business is located in a rural community, you
                                    may qualify for special financing. The U.S. Department of
    Low Interest Loans
                                    Agriculture (USDA) currently maintains a Business and Industry
                                    (B&I) Guaranteed Loan Program. The USDA provides guarantees
                                    of up to 80 percent of a loan made by a commercial lender.
                                   CDC/504: A loan program that is a long-term financing tool,
                                    designed to encourage economic development within a community.
                                    The 504 Program accomplishes this by providing small businesses
                                    with long-term, fixed-rate financing to acquire major fixed assets
                                    for expansion or modernization.

                                Community-based Small Business Development Centers provide free
                                one-on-one counseling services in the areas of business research and
Small Business Development
                                marketing, new business feasibility analysis, business plan preparation,
          Centers
                                finance packaging, and other small business topics.

                                The fund provides performance-based incentive payments to qualifying
                                companies that create new, full-time, permanent jobs in Colorado that
      Strategic Fund            are maintained for at least one year and meet other requirements such
                                as potential for economic spinoff

                                The fund provides performance-based incentive payments to qualifying
 Job Creation Performance
                                companies that create net new jobs, which pay above average wages.
   Incentive Fund (PIF)
                                Cities may offer additional training assistance for qualified projects.
    Training Assistance
                                In addition to expediting the building permit process, cities may choose
   Waiver of Permit Fees        to waive all or part of various permit fees.




                                                                                                           14
Appendix E, Food Assets for the Denver Area

Prepared by Denver Regional Council of Governments

   (See the attached pdf for a more detailed image)




                                                      15
i
   “From Brownfields to Greenfields.” http://www.foodsecurity.org/uploads/BrownfieldsArticle-CFSNewsFallWinter1999.pdf
ii
    Harris, Melissa. "Urban Farmers think 'vertical'." Pittsburgh Post-Gazette 17 Apr. 2011, sec. Business: C-6. Print.
iii
    Rocky Mountain Land Use Institute. 2011. “Food Production and Security.” Sustainable Community Development Code beta
version 1.5. http://law.du.edu/documents/rmlui/sustainable-development/Food-Production-and-Security.pdf
iv
    Ibid.
v
    ArLand, Land Use Econoimcs. 2008. “Elyria-Swansea Grocery Store Market Analysis.”
http://www.denvergov.org/Portals/646/documents/Elyria_SwanseaGroceryMarketStudy.PDF
vi
    Ibid.
vii
     Department of Agriculture, United States. 2009. Report to Congress. “Access to Affordable and Nutritious Food: Measuring
and Understanding Food Deserts and Their Consequences.” Available at:
http://www.ers.usda.gov/Publications/AP/AP036/AP036.pdf
viii
     Ibid.
ix
    Community Food Security Coalition; North American Urban Agriculture Committee. 2003. “Urban Agriculture and
Community Food Security in the United States: Farming from the City Center to the Urban Fringe.”
http://www.foodsecurity.org/PrimerCFSCUAC.pdf
x
    Nord, Mark, Margaret Andrews, and Steven Carlson. “Household Food Security in the United States, 2008.” (2009). ERR-83,
U.S. Dept. of Agriculture, Econ. Res. Serv.
xi
    Urban Agriculture and Community Food Security in the United States.
Available at: http://www.foodsecurity.org/Primer CFSCUAC.pdf.
xii
     Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926).
xiii
     Elliott, Don, Tina Axelrad, & Paul Rice. 2011. “Auditing Your Way to „Clearer, Faster, Better‟ Zoning.” Session at the Rocky
Mountain Land Use Institute 2011 Conference. March 4.
xiv
     Denver, City of. 2010. Zoning Code. Article 11: Use Limitations. Section 11.6.1: Garden, Urban; Section 11.8.4: Garden;
Section 11.8.6: Keeping of Household Animals; Section 11.10.9: Garden. Available at:
http://denvergov.org/cpd/Zoning/DenverZoningCode/tabid/432507/Default.aspx (last visited April 26, 2011). (Permits urban
gardens (with accessory structures and beekeeping) as primary uses in most districts, (subject to administrative review and
specific standards.) Permits on-site sales for urban gardens in nonresidential districts. Permits accessory gardens in all residential
districts, subject to specific standards. Permits accessory beekeeping in most districts, subject to specific standards. Permits
accessory gardens in most nonresidential districts, subject to specific standards.
xv
     Kimberly Hodgson, Marcia Caton Campbell, and Martin Bailkey. 2011. Urban Agriculture: Growing Healthy Sustainable
Places. Planning Service Advisory Service Report no. 563. American Planning Association: Chicago, IL, at 49, 120, 127
[hereinafter PSA 563].
xvi
     A comprehensive plan is a long-term vision of a community that identifies local economic, social, and health issues and
recommends policies and programs to address the issues. A sustainability plan is similar to a comprehensive plan because it is a
framework to guide the adoption and implementation of programs and policies in a city. The plans differ because a sustainability
plan is a reaction to energy use and greenhouse gas concerns, so its purpose is to promote sustainable development practices.
xvii
      PSA 563, supra n. iii, at 39.
xviii
      PSA 563, supra n. iii, at 39.
xix
     Denver, City of, Community Planning and Development. “Blueprint Denver.” City of Denver, Colorado – Official Web Site.
Available at: http://www.denvergov.org/Planning/BlueprintDenver/tabid/431883/Default.aspx (Last accessed April 26, 2011).
xx
     GreenPrint Denver. 2006. GreenPrint Denver Action Agenga. July 12, at 5. Available at:
http://www.greenprintdenver.org/docs/greenprint_report.pdf (last accessed April 26, 2011).
xxi
     Minneapolis Department of Health and Family Support. 2009. Homegrown Minneapolis: Final Report Presented to the
Health, Energy and Environment Committee of the Minneapolis City Council. June 15, at 12 [hereinafter Homegrown
Minneapolis]. Available at: www.ci.minneapolis.mn.us/dhfs/hgfinalrec.pdf (last accessed April 26, 2011). (Homegrown
Minneapolis is a multi-stakeholder planning process that supports and helps the city implement the comprehensive and
sustainability plans. It creates recommendations to the Minneapolis City Council, and it recommended that the City “prioritize
local food production and distribution when determining the highest and best use of City-owned and private land, and when
planning new development or re-development projects that could potentially affect existing local food resources.) Janine de la
Salle & Mark Holland, eds, Agricultural Urbanism: Handbook for Building Sustainable Food Systems in 21 st Century Cities,
Green Frigate Books, Winnipeg, Manitoba (2010) in PSA 563, at 55-56. (A “new” planning framework “that sees municipal food
networks as analogous to other vital infrastructure such as roads or sewers. It aims to improve food access, security, and


                                                                                                                                   16
knowledge by integrating context-sensitive urban agriculture and other food-related activities into a wide range of development
settings.”)
xxii
      Baltimore, City of, Office of Sustainability. 2009. Baltimore Sustainability Plan, at 75. Available at:
http://www.baltimoresustainability.org/uploads/files/Sustainability_Plan.pdf (last accessed April 26, 2011). (Baltimore adopted a
sustainability plan that relates urban agriculture to its “greening” and “cleanliness” themes. The sustainability plan established
follow-up strategies, and it recommends creating a citywide urban agriculture plan that will “promote healthy, local, and, where
possible, organic food production and food professions, and include multiple stakeholders currently involve in food production
and job training. The plan should identify the predicted demand for urban-farmed food and recommend location and distribution
of urban agricultural institutions. It could also identify the best distribution of existing food networks and identify gaps that need
to be filled.”) Cleveland Urban Design Collaborative, Kent State University. 2008. Re-Imagining a More Sustainable Cleveland:
Citywide Strategies for Reuse of Vacant Land, at 31. Available at: www.cudc.kent.edu/shrink/Images/reimagining_final_screen-
res.pdf (last accessed April 26, 2011). (The City of Cleveland created a sustainability plan that integrates urban agriculture into
other sustainable development strategies. The plan identified and developed citywide goals, principles, and strategies, which
include policy recommendations for returning vacant land and properties to productive use.) Toronto (Ontario), City of. 2007.
“Change Is in the Air: Climate Change, Clean Air and Sustainable Energy Action Plan: Moving from Framework to Action.
Phase 1.” Available at: www.toronto.ca/changeisintheair/pdf/clean_air_action_plan.pdf (last accessed April 26, 2011). (The City
of Toronto established its FPC as unit of the city‟s Board of Health, and mandated that it meet on a bimonthly basis. It is
composed of agency representatives, and they guide the discussions in which they have a stake in a particular agenda item.) Raja,
Samina, Branden Born, and Jessica Kozlowski Russell. 2008. A Planners Guide to Community and Regional Food Planning.
Planning Service Advisory Report no. 554. Chicago: American Planning Association, at 68-76). (The Portland/Multnomah Food
Policy Council in Oregon is an advisory body to the city‟s Bureau of Planning and Sustainability. It is composed of community
representatives and staffed through the bureau‟s Sustainable Food Program. Thus, it establishes a functional connection between
the local food sector and city government.)
xxiii
      PSA 563, at 38-39 (2011).
xxiv
      Institute for Food Development and Policy. 2009. “Food Policy Councils: Lessons Learned.”
http://foodsecurity.org/pub/Food_Policy_Councils_Report.pdf
xxv
      Ibid.
xxvi
      Ibid.
xxvii
       Minneapolis Department of Health and Family Support. "Implementation Efforts." City of Minneapolis, Minnesota - Official
Web Site. Available at: http://www.ci.minneapolis.mn.us/dhfs/hgimpefforts.asp (last accessed April 26, 2011). (The
Minneapolis City Council established seven working groups to implement Homegrown Minneapolis‟ final report. The council
assigned each working group a city staff person as the convener, and tasked the city departments to move their recommendations
forward.)
xxviii
       A sub-area or neighborhood plan analyzes all issues within a specific area of the city.
xxix
      Baltimore, City of, Office of Sustainability. 2009. Baltimore Sustainability Plan, at 75. Available at:
http://www.baltimoresustainability.org/uploads/files/Sustainability_Plan.pdf (last accessed April 26, 2011).
xxx
      Homegrown Minneapolis, at 12.
xxxi
      PSA 563, supra n. iii, at 74-79. (The City of Cleveland started its local food initiative to reuse vacant and abandoned
properties. To do this, the city conducted a parcel-level inventory of the city and used the information to develop its strategies.
Subsequently, the city established an urban agriculture zoning district that permits community gardens and market gardens, i.e.,
small commercial enterprises; passed an ordinance to permit the keeping of poultry, small farm animals, and bees throughout the
city; implemented several training and grant programs to provide financial resources and education to beginning farmers; and
initiated more than 100 new urban-agriculture projects.
xxxii
       Durham, North Carolina, City of. Unified Development Ordinance. Article 5, Section 5.1.2: Use Table; Section 5.2.5.F:
Retail Sales and Service. Available at: www.durhamnc.gov/udo (last accessed April 26, 2011). (Outdoor farmers markets are
listed as a primary use in the retail sales and service use category. Farmers markets are permitted by right or with a development
plan in a number of mixed use and commercial districts.) Little Elm, Texas, City of. Code of Ordinances. Chapter 106: Zoning,
Article I: In General. Section 106-33.5: Farmers Market Regulations. Available At:
http://municode.com/index.aspx?clientid=13870&stateId=43&stateName=Texas (last accessed April 26, 2011). (Farmers
markets are permitted uses in multiple zoning districts subject to specific operational and site standards.)
xxxiii
       Philadelphia, City of. Philadelphia Code. Title 9: Regulation of Businesses, Trades, and Professions. Chapter 9-200:
Commercial Activities on Streets. Section 9-213: Farmers Markets. Available at:
www.amlegal.com/nxt/gateway.dll/Pennsylvania/philadelphia_pa/thephiladelphiacode?f=templates$fn=default.htm$3.0$vid=aml



                                                                                                                                         17
egal:philadelphia_pa (last accessed April 26, 2011). (Specifies permitted locations for farmers markets and details operational
and site standards.)
xxxiv
        Seattle, City of, Department of Transportation. (2011) “Department of Transportation Client Assistance Memo 2305:
Gardening in Planting Strips.” January 1. Available at: www.seattle.gov/transportation/stuse_garden.htm (last accessed April 26,
2011). (Clarifies that residents may plant raised-bed gardens in the strip of the public right-of-way between the sidewalk and the
curb.)
xxxv
       Center for Food and Justice. (2008). “Fresh Food Distribution Models for the Greater Los Angeles Region” at 8-11.
Available at: http://departments.oxy.edu/uepi/publications/TCE_Final_Report.pdf
xxxvi
        Los Angles Food Policy Task Force. (2010).“The Good Food for All Agenda: Regional Food System for Los Angeles” at 9-
12. Available at: http://goodfoodlosangeles.files.wordpress.com/2010/07/good-food-full_report_single_072010.pdf
xxxvii
        Ibid; The Reinvestment Fund. (2010). “Pennsylvania Fresh Food Financing Initiative.” Available at:
http://www.trfund.com/resource/downloads/Fresh_Food_Financing_Initiative_Comprehensive.pdf; Denver Healthy Food Access
Initiative. (2011). Available at:
http://www.denvergov.org/hp2010/Initiatives/DenverHealthyFoodAccess/tabid/437503/Default.aspx; Kaiser Permanente. (2008).
“Fresh Food Resource Guide” Available at:
http://info.kp.org/communitybenefit/assets/pdf/our_work/global/CHI_CSA_Guide_Final_March2009.pdf; LiveWell Colorado.
(2009). “Food Access in Colorado” at 11-15. Available at:
http://newsite.livewellcolorado.com/sites/default/files/TCHF_Food_Access_Report_4%5B1%5D.pdf
xxxviii
         Denver Public Schools. (2011). “Adopted Budget FY2010-2011” at 4. Available at:
http://static.dpsk12.org/gems/businessservices/FY1011AdoptedBudget6302010.pdf
xxxix
        Los Angles Food Policy Task Force. (2010).“The Good Food for All Agenda: Regional Food System for Los Angeles” at 62.
Available at: http://goodfoodlosangeles.files.wordpress.com/2010/07/good-food-full_report_single_072010.pdf
xl
     Reinvestment Fund. (2010). “Pennsylvania Fresh Food Financing Initiative.” Available at:
http://www.trfund.com/resource/downloads/Fresh_Food_Financing_Initiative_Comprehensive.pdf
xli
     Ibid
xlii
      Ibid
xliii
      U.S. Green Building Council. (2011). “LEED.” Available at: http://www.usgbc.org/DisplayPage.aspx?CategoryID=19
xliv
      Ibid
xlv
      Built Green Colorado. (2011). “Programs and Checklists” Available at: http://www.builtgreen.org/programs/index.html
xlvi
      Greenprint Denver. (2011). “Green Buildings” Available at: http://www.greenprintdenver.org/energy-emissions/green-
buildings/
xlvii
       Department of Agriculture, United States. 2011. "Regional Food Hubs." Available at: .
http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC50.
xlviii
       See Appendix E
xlix
      Department of Agriculture, United States. 2011. "Regional Food Hubs." Available at: .
http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC50.
l
   Ibid.
li
    Department of Agriculture, United States. 2011. Release No. 0170.11. Available at:
http://www.usda.gov/wps/portal/usda/usdahome?contentid=2011/04/0170.xml&navid=NEWS_RELEASE&navtype=RT&parent
nav=LATEST_RELEASES&edeployment_action=retrieveconte
lii
     Ibid.
liii
     Ibid.
liv
     Ibid.
lv
     Department of Agriculture, United States. 2011. "Regional Food Hubs." Available at:
http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC50.
lvi
     Department of Agriculture, United States. 2011. Release No. 0170.11. Retrieved April 22, 2011, Available at:
http://www.usda.gov/wps/portal/usda/usdahome?contentid=2011/04/0170.xml&navid=NEWS_RELEASE&navtype=RT&parent
nav=LATEST_RELEASES&edeployment_action=retrieveconte
lvii
      McFarlane, Audrey, G. “Race, Space, and Place: The Geography of Economic Development.” San Diego Law Review.
(Spring, 1999).
lviii
      Ibid.
lix
     Ibid.
lx
     Community Food Security Coalition. (2010). “The Activities and Impacts of Community Food Projects 2005-2009” at 14.
Available at: http://www.foodsecurity.org/pub/CPF_Activities_Impacts_2005-09.pdf
lxi
     Ibid.
lxii
      Ibid.
lxiii
      See: http://www.growingpower.org/; http://sweetwater-organic.com/; http://www.thegrowhaus.com/
lxiv
      Nord, Mark, Margaret Andrews, and Steven Carlson. “Household Food Security in the United States, 2008.” (2009). ERR-83,
U.S. Dept. of Agriculture, Econ. Res. Serv.
lxv
      Ibid.



                                                                                                                                     18

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Planning and Policies to Encourage Urban Agriculture in Denver

  • 1. Planning and Policies to Encourage Urban Agriculture in Denver: A Path to Healthy Communities, Equal Food Access, and Sustainable Urban Development University of Denver, Sturm College of Law Professor William Shutkin Spring Semester 2011, Final Project: Innovations in Policy and Business for Smart Growth and Sustainable Cities By: Jeffrey John, Lauren Suerth, Dan Valenzuela, and Michael Whitehorn 0
  • 2. I. Introduction Urban agriculture encompasses the growing, processing, and distributing of food or other products through intensive plant cultivation and animal husbandry in and around cities.i The concept of urban agriculture dates back to the very earliest human societies. In fact, the ability to organize agriculture in close proximity to concentrated populations may have been the start of modern civilization, as we know it. However, the post-industrial era has transformed our food system. As cities grow larger an astonishing volume of inputs, especially for food, are required to meet the populations‟ needs. By one estimate, “New York‟s approximately eight million inhabitants … eat an amount of food that requires a land mass the size of Virginia to grow.”ii The political and economic support of subsidized commodity crops, like corn and soybeans, have created artificial prices and significantly increased the consumption of hydrogenated vegetable oils, processed corn sugars, and meat.iii Over consumption of these unhealthy food choices leads to obesity, heart disease, and other related illnesses.iv Additionally, the relentless separation of agriculture from urban centers has resulted in communities isolated from fresh and healthy food choices, living in areas now known as urban “food deserts.” Food deserts are defined as neighborhoods with high poverty rates and limited access to healthy foods. People living in food deserts are more susceptible to obesity and other diseases related to poor nutrition and unhealthy diets. The barriers restricting access to healthy food are both physical and economic. In some communities the distance to the nearest grocery store is over three miles.v With generally limited transportation options, existing convenient stores and small markets meet the community‟s needs with lower quality food choices available at higher costs. The socioeconomic characteristics of food deserts tend to be lower income mixed race communities that spend more of their annual income on “food at home” than high-income predominantly white communities.vi Food deserts have recently received national attention. In 2009, the USDA released a report indicating health risks in food deserts and potential actions to alleviate the food access problems. And in 2010, the Obama administration unveiled the Healthy Food Financing Initiative to promote greater access to healthy food in food deserts.vii The initiative is backed by $400 million in funding to bring grocery stores and healthy food retailers to food deserts.viii While federal programs develop and gain momentum, state and local governments have gotten deeply involved to assure their citizens have access to healthy foods. Cities in California, New York, Pennsylvania, and Washington, have already implemented strategies to confront food deserts. Denver city officials and planners have recently incorporated strategies for urban agriculture into a new zoning code, however there are still crucial steps to take on the path to encouraging more urban agriculture and more affordable and healthy food choices for Denver residents. There are significant environmental costs associated with the current industrial food system including air pollution, water contamination, soil erosion, reduced bio-diversity, and climate change. 1
  • 3. Food products shipped into urban areas typically travel between 1,500 and 2,500 miles from farm to plate.ix The inherent inefficiencies and petroleum-dependency of our current industrial food system have established a fragile and insecure arrangement where somehow hunger persists for millions in the midst of plenty for others.x In order to develop socially equitable and sustainable cities, urban areas will have to rely on local agriculture to feed people and also for broader functions, including economic vitality, entrepreneurship, individual health, community well being, landscape beautification, and environmental restoration.xi II. Opportunities for Policy and Business Innovations to Encourage Urban Agriculture in Denver This paper will focus on city planning, market creation, distribution, and community economic development, as four distinct but interrelated approaches to encourage local food production in Denver. We have narrowed the focus of this paper to Denver for three reasons: First, because local agencies, equipped with police power to ensure public health, safety and well-being, are best suited to implement methods directed at solving unequal food access.xii Second, because as University of Denver law students, we have built academic relationships with organizations such as the Denver Regional Council of Governments (DRCOG) and Live Well Colorado, who are both actively researching and planning for local food system improvements. And lastly, incorporating local food systems into the city‟s strategic planning process directly supports the goals of establishing Denver as a new sustainable urban center. Each section of this paper presents opportunities for innovative strategies to realize the environmental benefits, societal improvements, and sustainable long-term growth potential of Denver and the Rocky Mountain Metro-Region. By deliberately keeping a narrow focus on the City of Denver, this paper advocates for solutions that are scalable and replicable for other cities and municipalities faced with similar problems. By working with groups like DRCOG, these innovative strategies can be highlighted as successful models for supporting local food systems and larger regional food systems to benefit the entire Rocky Mountain metropolitan region. A. Innovative City Planning Methods Integrating Agriculture with Urban Areas Historically, food systems are not part of the planning practice, and only the most progressive cities are incorporating urban agriculture into their plans and policies. The City of Denver is emerging as one of these progressive cities because it recognizes the importance of urban agriculture in its recently adopted zoning code. The city enacted the code in June 2010, and it utilizes and addresses the most innovative planning techniques and issues to date, so it is not surprising that the code includes urban agriculture.xiii 2
  • 4. The zoning code allows small gardens and commercial agriculture in various capacities and existing districts.xiv This is necessary for a viable local food system because it creates a property right to grow food within city limits, and establishes it as a legitimate land use and community development strategy. Furthermore, according to the American Planning Association, the urban agriculture provision is a “standout example“ because it goes beyond average community garden ordinance and allows commercial agriculture throughout the city.xv However, because the 2010 zoning code is the first time the City of Denver has recognized urban agriculture, it does not address the issue in its comprehensive plan or its sustainability plan.xvi A key indicator that a community supports urban agriculture is to incorporate it into the cities comprehensive, strategic, functional, and subarea plans.xvii Incorporating strategies that can build a strong local food system is very important to the long-term public interest and the future vision for Denver‟s growth.xviii Therefore, the City of Denver can become a model for local food production if it incorporates urban agriculture into BluePrint Denver and GreenPrint Denver, which are its comprehensive and sustainability plans respectively. 1. Comprehensive and Sustainability Plans The Live Well Colorado Food Policy Blueprint points out that there are significant regulatory barriers to local food efforts throughout the Rocky Mountain region. For example, many cities have rules and regulations that impede food sharing, food gleaning programs, and the sale or donation from other small-scale food producers to individuals or organizations. The City of Denver should address these issues by integrating local food production and distribution into BluePrint Denver and GreenPrint Denver. Since the comprehensive and sustainability plans define a long-term vision of the future, they are the appropriate documents to establish priorities and develop initiatives for local food systems. Amending the comprehensive and sustainability plans is timely. The city adopted BluePrint Denver in 2002, and comprehensive plans are typically revised every ten years, so it should update the plan within the next few years.xix Similarly, GreenPrint Denver is a five-year plan and the city adopted it in 2006, so it should be up for revision this year.xx These are excellent opportunities to integrate urban agriculture into Denver‟s vision of the future. BluePrint Denver and GreenPrint Denver should prioritize urban agriculture in two ways: first, by establishing it as the “highest and best use” of land, and second, by viewing it on the same level as other vital infrastructure, such as roads and sewers.xxi This can establish urban agriculture as a strategy for citywide improvements and can connect the local food system to other Denver sustainability projects. The city can implement these initiatives by creating a local food policy council and urban agriculture plan.xxii 3
  • 5. 2. Food Policy Council Denver should establish a local food policy council (“FPC”) in order to provide an effective forum for diverse groups of stakeholders to come together to design positive changes in their food system.xxiii FPC‟s are advisory groups to the city council, and are composed of representatives from the local food sector as well as a few city staff members. The central purpose of most Food Policy Councils is to identify innovative solutions and implement them on a local or state level, spurring economic development and “creating a more environmentally sustainable and socially just” food system.xxiv “FPCs often engage in food system research and make policy recommendations, and can even be charged with writing food policy.”xxv Thus, their objective is to be a collective, well-informed, advocacy-oriented voice to develop policies that increase the production and distribution of local foods within a community.xxvi A FPC could help the City of Denver create and implement the urban agriculture plan because it provides comprehensive practical and institutional knowledge that is necessary to link local food to citywide issues. The FPC would address each issue by creating working groups that address specific areas of the plan and focus on the implementation efforts. The city would ensure the timeliness and success of the working groups by assigning a city staff person to each group as the convener, and task the appropriate city departments to the recommendations forward.xxvii 3. Urban Agriculture Plan The urban agriculture plan would function similarly to a sub-area plan or a neighborhood plan. This way, a more focused plan would provide more detail than an all-encompassing citywide plan, and the citywide plans would then defer to the urban agriculture plan when addressing issues related to the local food system. In contrast to a sub-area or neighborhood plan, the urban agriculture plan specifically analyzes the relationship between local food and all other facets of a community.xxviii A strong and focused urban agriculture plan can provide a comprehensive guide to local food production and distribution in Denver.xxix A clearly defined plan can also integrate urban agriculture into existing policies and make recommendations for future actions that would strengthen the local food system.xxx Furthermore, once the plan is in place, the city must consider urban agriculture strategies when it reviews project proposals, and it can impose conditions that promote local food production and distribution. 4. Implementation The plan and task force should address a few basic planning components, such as: (1) Analyzing GIS data to identify areas that lack fresh food resources.xxxi For example, DRCOG created a Food Assets Map, appendix E, that identifies the location of every grocery store in its region. The city can condense this information to its jurisdictional limits, and overlay it with socioeconomic, age demographics, residential density, and vacant parcel data. (2) Enacting a zoning code that permits farmers markets as a primary use in the retail sales and sales services districts, and by right or subject to operational and site 4
  • 6. standards in mixed use and commercial districts.xxxii (3) Adopting an administrative provision to sanction the use of city-owned property for farmers markets pursuant to operational and site standards.xxxiii And (4) Adopting resolution clarifying that residents may plant gardens in the strip of the public right-of-way between the sidewalk and the curb.xxxiv These actions would enhance Denver‟s existing urban agriculture zoning code because they sanction local food distribution within the city. B. Opportunities for Local Market Development The success of an urban agriculture model is also highly dependent on its economic viability. Urban or local food systems are hindered by high cost, inefficiency, and lack of awareness.xxxv The recommendations in this section address these problems by promoting initiatives that allow Denver to create a viable economic framework for local food growers and while directly addressing food deserts and unequal food access. Addressing the problem of food deserts requires dealing with complicated issues such as unemployment, socioeconomic inequality, and sustainable urban growth.xxxvi This section provides three solutions, which by capitalizing on economic opportunities in underserved communities, can create jobs, build stronger neighborhood relationships, and promote sustainable development. These goals are achievable by increasing the local food procured by large institutions, facilitating investment in isolated food deserts, and building awareness through existing sustainability models. Utilizing urban agriculture to directly confront food deserts will promote a wider adoption of smart growth principles while also growing a strong local food system for the benefit of Denver‟s residents. A quick survey of the plans and initiatives already implemented by states and cities shows that there is no single solution to solve food deserts and unequal food access.xxxvii Accordingly, Denver‟s food system requires a unique and appropriately tailored approach. 1. Large Institutions’ Ability to Increase Demand for Locally Produced Food In the City of Denver, there is ample opportunity to create demand through large city operated institutions. Large institutions such as schools, government buildings, and hospitals purchase millions of dollars of food per year. For example, the Denver public school system has $29.9 million yearly budget to spend on food.xxxviii Redirecting these funds to local growers will instantly create a viable market for locally grown food. This is an important step in creating a viable urban agricultural market. These large institutions will instantly create a reliable stream of revenue for local growers. In return, the city will promote healthy food choices for its citizens and reinvest money into the community. Economic studies show that for every dollar spent on chain or processed food, thirteen cents returns to the community where the store is located. On the other hand, one dollar spent on local products returns forty-five cents to the 5
  • 7. community.xxxix This recommendation will not only create a viable economic framework for local growers but also strength Denver‟s local economy. 2. Financing Initiatives Create Jobs and Build Local Economies Currently, there are many economic incentives that are in place to promote healthy food initiatives. Grants, low interest loans, tax credits, and venture capital programs exist to promote investment in underserved areas, job creation, training, and innovative sustainable endeavors. (Appendix A-D). Successfully implemented urban agriculture policy requires a system that understands the economic incentives available and uses them to drive investment through local food systems. A financing initiative to promote local food production should be a multi-faceted partnership between the city, non-profits, and community interest groups.xl The focus of the financing program should directly address food desserts, unemployment, and community building. These are key components for an effective financing initiative, one that is attractive to government entities and private investors. This financial initiative is comprised of three interrelated components. The first component is a government-sponsored office that organizes and manages available financing and grant options for individuals interested in investing in local food ventures. This group will also provide funding to supplement or match secured financing from other grants or loans. The second component is an organization that coordinates relationships between communities and developers recognizing the unique needs and the available resources of potential supermarkets, producers, or other investors.xli This group will provide negotiating expertise and help maintain strong relationships with potential investors. The group will also help attract new supermarket chains, and facilitate funding for existing stores interested in modifying operations for the explicit purpose of selling fresh produce. Finally, the third group is a community-based group, made up of non-profits, education institutions, and advocacy groups dedicated to enhancing job opportunities for the local population.xlii Ideally, the increased investment will create a large number of new and stable job opportunities. The jobs should range from short-term construction jobs, design and engineering work, to contract drafting and longer-term retail level employment. It is important that the local community realize the benefits of these job opportunities. Employing local residents will increase the economic strength of communities and ultimately, the region as a whole. This financing initiative integrated amongst all three organizations will create jobs for the population, strengthen the local economy, and provide healthy food to the citizens of Denver. 3. Green Building Certification for Urban Agriculture Improvements Although food is not traditionally associated with energy efficiency goals invoked to combat climate change, there is growing evidence that our industrialized food system has significant and negative 6
  • 8. environmental impacts. Currently, food travels thousands of miles from farm to plate, and significantly impacts water, air, and soil quality. Coupling food policy with already successful sustainability initiatives, designed to protect natural resources and reduce petroleum dependency, will build awareness and create new market opportunities for urban agriculture. Specifically, adopting local food production and consumption requirements for green building certification can help reduce the use, cost, and negative environmental impact of the current industrialized petroleum dependant food system. A major component in the nation‟s efforts to meet energy efficiency goals is the development of energy efficient and environmentally friendly “green buildings.” Programs exist on the national and local levels that provide energy saving criteria to certify green buildings. On the national level, the US Green Building Council (USGBC) uses a Leadership in Energy and Environmental Design (LEED) system to rate buildings.xliii LEED is an internationally recognized certification for environmentally friendly buildings highlighting strategies intended to improve water efficiency, energy savings, carbon emissions, environmental quality, and the stewardship of natural resources.xliv Locally the City of Denver has similar programs in the Built Green Coloradoxlv initiative and through the Denver Sustainability Committee.xlvi Green projects are a leading factor in reducing the use, cost, and negative environmental impact of energy and natural resource consumption. Crucial oversights of green certification requirements on the national, state, and local levels are environmentally responsible and economically beneficial food policies. Excluding food related policies from green building certification neglects the benefits of local food systems, such as: job creation, decreased food-miles traveled, increased green space, community organization, and reduced petroleum dependency. Potential criteria for a green building certification framework could include some or all of the following factors:  Distance from grocery stores  On-site gardens  Kitchens designed to cook fresh food  Adequate storage for fresh food  Absence of vending machines  Contracts with local growers  Sponsoring on-site famers market  Sponsoring on-site educational urban agricultural events Denver will receive two major benefits from adding food policies to green building certification. First, coupling food policy with sustainable development policy integrates food access and urban agriculture into the discussion. Including food policy in sustainable development planning will create new market opportunities and further innovative ways to promote strong local food systems. Second, requiring 7
  • 9. food production and consumption criteria in green building designs will compel developers and property owners to begin thinking about economic decisions that will impact their property‟s agriculture footprint. Green building certification is a desirable and marketable designation and adding food system criteria to green design standards will create business for local growers, benefit the health of urban Denver residents, and encourage more environmentally friendly businesses practices. C. Community Food Hubs Address Distribution Needs A community food hub is a central facility where mid to small size local and regional growers connect with individual consumers, as well as mid-to-large size organizations in need of healthy, fresh, local food. These facilities can be placed throughout a metropolitan area in order to build a network of local food distribution centers.xlvii Their goal is to provide better access to locally produced food, help meet the increasing demand for local food by organizations and consumers, and to provide a “storefront” for small and mid-sized local growers who are otherwise left out of the marketplace. 1. Benefits of Community Food Hubs In addition to the opportunities identified in the introduction that can decrease food miles traveled, and limit the environmental costs associated with food delivery systems, there are several communities in the Denver Metropolitan area that are in need of affordable, fresh, and local food choices. These communities have been identified through a Geographical Information Systems (GIS) study of food assets within the City of Denver, produced by the DRCOG, that overlays proximity to major grocery stores, other food outlets, and socioeconomic information.xlviii This map can be used to identify areas that would benefit the most from the creation of a community food hub. A community food hub is associated with multiple major benefits. First, it allows increased access to fresh and healthy food choices for restaurants, markets, and consumers. A food hub can create the necessary infrastructure to allow local food buyers to purchase, prepare, and serve local fresh food directly to the community.xlix As such, the hub also functions as a traditional community center, capable of providing community based services, like shared kitchen space, or a healthy cooking classes.l The hub can also create jobs along the entire food supply chain needed for the successful operation of the hub.li In practice, food hubs on average account for almost one million dollars in sales annually.lii 2. Implementing Community Food Hubs A community food hub serves as an aggregator. Every morning food is delivered or picked up depending on proximity and taken to the community hub. A hub can serve upwards of 40 small to mid- sized local farmers.liii The food from producers entering a hub is recorded in an online database available to restaurants, schools, food service directors, and individual consumers. The hub‟s staff can update the database as new food comes in, and include information like, types of foods, place of origin, food miles 8
  • 10. traveled, nutritional information, as well as information on the grower. Consequently, a restaurateur desiring more local ingredients on the menu, can log onto the web-based tool each morning, see what is in stock and fresh, reserve some items, and create a menu based on the fresh local produce acquired at the community food hub. The hub could also organize and schedule deliveries directly to the restaurant.liv A successfully implemented food hub is comprised of several major components. First, as an aggregator of products from multiple growers, the hub maintains a volume comparable to, and competitive with, food wholesalers, thus increasing the ability of small food producers to take advantage of economies of scale. Second, a physical facility allows for a number of beneficial functions. The facility can be used to store and preserve food, as well as host community organizations dedicated to increasing benefits of local healthy food choices. Third, a community food hub will be able to provide many services that small and mid-sized farmers cannot otherwise access on their own, such as, the web-based database, business and enterprise services, as well as liability insurance that meets the requirements of local organizations. Lastly, the hub creates convenient access to locally grown foods. Many of the problems associated with food deserts are attributed to a lack of choice.lv Strategically establishing community food hubs can eliminate limited healthy food choices and establish a foundation for equal food access regardless of socioeconomic disadvantages.lvi D. Community Economic Development Economic development and community building efforts meet at urban agriculture and strategies to address equal food access. The American Economic Development Council defines economic development as the "process of creating wealth through the mobilization of human capital, financial capital, physical resources and natural resources to generate marketable goods and services."lvii At the local level, economic development is best understood as a set of state and local governmental practices designed to encourage the creation of new business or the relocation of existing businesses from one geographic area to another. Community building, by contrast, refers to social, human, and "place-based" development at the neighborhood or community level. In the domestic, local context, community building is a self-help strategy employed by community organizations.lviii Community economic development (CED) can be characterized as a hybrid of the two that promotes the overall quality of the community. CED views the neighborhood holistically, valuing human, environmental, and economic assets. By treating the area as a distinct and insular economic unit, stabilization and revitalization of the community can be encouraged through organizations, the built environment, and economic development. The theory is that by encouraging the social, physical, and human development of a neighborhood or community, overall quality of life, human health, economic health, and environmental health can all be improved.lix 9
  • 11. Encouraging local food production creates opportunities for community members to empower themselves, ensure development is responsive to community needs, and maintain a long-term vision for a healthy and productive community. Urban agriculture is not only a good fit for the community economic development model, but it also can be seen as an innovation to the CED strategy. Food is a basic need for any community, the emotional connection to food is very strong, and the benefits of fresh and nutritious foods have far reaching health benefits. Community economic development, as it relates to local food systems, emphasizes self-reliance within distinct economic areas.lx Community food security programs help to keep family farms in business and they educate farmers on sustainable agriculture and the business of farming.”lxi Increasing food security and access to local produce also helps small businesses, local suppliers, and neighborhood consumers keep money in the community. Common activities where CED connects with local food systems revolve around production and marketing.lxii These projects often involve young people as the key leaders and organizers addressing future food system challenges and encourage community members and community organizations to be closely involved.lxiii “Although most think of the U.S. as a country of great abundance, almost 50 million people had a hard time finding enough to eat.”lxiv It is also estimated that “one in four children do not have dependable access to adequate food.”lxv Community based food programs, operating according to the principles of CED, can make significant improvements to equal food access in underserved urban areas. III. Conclusion Each of the four sections addressed above have important interrelated concepts that depend on each other during their implementation. Therefore, to address the stated goals of cultivating a robust local food system in Denver-area food deserts, a whole-system approach is necessary. Planning innovations and a Denver Food Policy Council will inform new market formation, distribution hubs will in turn rely on market supports, and community economic development organizations will further improve the health of local economies and communities. The FPC will be most suitably positioned to determine the particular needs of communities and help to build strong relationships with local citizens. For example, recommendations made by the FPC will work by driving investment into areas with limited healthy food choices through local financing institutions and community groups. Similarly, the FPC can secure funding and strategic locations for regional food distribution. Lastly, a strong FPC will work with community groups and local non-profits to identify particular community food needs and promote a positive and healthy quality of life. 10
  • 12. Appendix A, Federal Funding Opportunities Program Agency Potential Use Community Food Security Projects  Food Policy Council Competitive Grants Program USDA  Regional Food Hub  Community Gardens Hunger Free Communities Grant  Cooperative grocery store USDA  Community gardens Specialty Crop Block Grant USDA  Regional food hub Agriculture and Food Research  Developing food access strategies Initiative Competitive Grants USDA Program Healthy Food Financing Initiative  Corner store conversion USDA, HHS, TR  New supermarkets Regional Innovation Initiative USDA  Regional economic development Green Jobs Innovation Initiative  Migrant farmer training DOL  Regional food hub  Urban farm job training Workforce Innovation Partnership DOL, DOE  Culinary skills development  Regional Food Hub Healthy Communities Initiative  School/Community Gardens EPA Interagency Partnership for  Integrate food systems into green building Sustainable Communities EPA, DOT, HUD certification 11
  • 13. Appendix B, Tax Incentives Economic Incentive Description Cities, counties, and special districts may negotiate a personal property Personal Property Tax Credits tax rebate of up to 50 percent for 10 years. Cities may consider waiving or rebating local sales/use taxes for Local Tax Abatement construction materials, personal property, and manufacturing equipment The program allows companies to apply to the Colorado Economic Job Growth Incentive Tax Development Commission (EDC) for a state income tax credit based on the payroll tax cost they incur from creating new jobs. To qualify for the credit, companies must create at least 20 new jobs in urban areas or five new jobs in rural enterprise zone areas, and pay wages above the local average. Contaminated Land An income tax credit for expenses associated with the redevelopment of Redevelopment Income Tax contaminated land is available for qualified projects. Credit The Enterprise Zone Program provides tax credits for private enterprise Enterprise Zones to expand and for new businesses to locate in economically distressed areas of Colorado as designated by the Colorado Economic Development Commission (EDC). The CAPCO program was created by the Colorado State Legislature in Certified Capital Companies 2001 to provide venture capital funds to new and expanding small Program (CAPCO) businesses throughout the state. The Colorado General Assembly passed legislation that established a Colorado Venture Capital Colorado Venture Capital Authority in 2004. The VCA makes seed and Authority (VCA) early-stage capital investments in businesses from $250,000 to $3.3 million. Permits taxpayers to receive a credit against Federal income taxes for New Market Tax Credit making qualified equity investments in designated Community (NMTC) Development Entities (CDEs). Provides a state income tax credit for qualified investors that make Colorado Innovation Investment investments during a calendar year in a small qualified Colorado business Tax Credit involved primarily in research and development or manufacturing of new technologies, products, or processes. 12
  • 14. Appendix C, Local Grant Programs Economic Incentive Description Grants are awarded to Colorado companies working to implement a new Existing Industry Grant technology to remain competitive and retain jobs in Colorado. Grants are for companies moving to the state or for existing companies Colorado FIRST planning to expand. These grants are designed to provide funding to determine the feasibility Planning and Feasibility Study of a project or to plan for a project. Generally, funding may be provided Grants up to $20,000 per study; however, this amount may vary based on a number of factors. The infrastructure program utilizes federal funds from the U.S. Infrastructure Assistance Department of Housing and Urban Development to construct or improve Program infrastructure. To receive the grants, companies must demonstrate that the project will create or retain low- and moderate-income jobs The Governor's Energy Office awards New Energy Economic Clean Energy Fund Grants Development (NEED) grants to promote emerging energy efficiency and renewable energy technologies. 13
  • 15. Appendix D, Other Economic Incentives Economic Incentive Description Provides state funds for qualified economic development projects. Funds may include grants, low interest, short-term loans, or an interest Colorado Economic write-down on a loan. Each project is considered on a case-by-case Development Commission basis using factors such as the number of jobs, salary levels, location, local participation, and resource availability.  Rural Lender Advantage: Initiative is designed to accommodate the unique loan processing needs of small community/rural-based lenders by simplifying and streamlining loan application process and procedures, particularly for smaller SBA loans. It is part of a broader SBA initiative to promote the economic development of local communities, particularly those facing the challenges of population loss, economic dislocation, and high unemployment.  B&I Loan: If your business is located in a rural community, you may qualify for special financing. The U.S. Department of Low Interest Loans Agriculture (USDA) currently maintains a Business and Industry (B&I) Guaranteed Loan Program. The USDA provides guarantees of up to 80 percent of a loan made by a commercial lender.  CDC/504: A loan program that is a long-term financing tool, designed to encourage economic development within a community. The 504 Program accomplishes this by providing small businesses with long-term, fixed-rate financing to acquire major fixed assets for expansion or modernization. Community-based Small Business Development Centers provide free one-on-one counseling services in the areas of business research and Small Business Development marketing, new business feasibility analysis, business plan preparation, Centers finance packaging, and other small business topics. The fund provides performance-based incentive payments to qualifying companies that create new, full-time, permanent jobs in Colorado that Strategic Fund are maintained for at least one year and meet other requirements such as potential for economic spinoff The fund provides performance-based incentive payments to qualifying Job Creation Performance companies that create net new jobs, which pay above average wages. Incentive Fund (PIF) Cities may offer additional training assistance for qualified projects. Training Assistance In addition to expediting the building permit process, cities may choose Waiver of Permit Fees to waive all or part of various permit fees. 14
  • 16. Appendix E, Food Assets for the Denver Area Prepared by Denver Regional Council of Governments (See the attached pdf for a more detailed image) 15
  • 17. i “From Brownfields to Greenfields.” http://www.foodsecurity.org/uploads/BrownfieldsArticle-CFSNewsFallWinter1999.pdf ii Harris, Melissa. "Urban Farmers think 'vertical'." Pittsburgh Post-Gazette 17 Apr. 2011, sec. Business: C-6. Print. iii Rocky Mountain Land Use Institute. 2011. “Food Production and Security.” Sustainable Community Development Code beta version 1.5. http://law.du.edu/documents/rmlui/sustainable-development/Food-Production-and-Security.pdf iv Ibid. v ArLand, Land Use Econoimcs. 2008. “Elyria-Swansea Grocery Store Market Analysis.” http://www.denvergov.org/Portals/646/documents/Elyria_SwanseaGroceryMarketStudy.PDF vi Ibid. vii Department of Agriculture, United States. 2009. Report to Congress. “Access to Affordable and Nutritious Food: Measuring and Understanding Food Deserts and Their Consequences.” Available at: http://www.ers.usda.gov/Publications/AP/AP036/AP036.pdf viii Ibid. ix Community Food Security Coalition; North American Urban Agriculture Committee. 2003. “Urban Agriculture and Community Food Security in the United States: Farming from the City Center to the Urban Fringe.” http://www.foodsecurity.org/PrimerCFSCUAC.pdf x Nord, Mark, Margaret Andrews, and Steven Carlson. “Household Food Security in the United States, 2008.” (2009). ERR-83, U.S. Dept. of Agriculture, Econ. Res. Serv. xi Urban Agriculture and Community Food Security in the United States. Available at: http://www.foodsecurity.org/Primer CFSCUAC.pdf. xii Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926). xiii Elliott, Don, Tina Axelrad, & Paul Rice. 2011. “Auditing Your Way to „Clearer, Faster, Better‟ Zoning.” Session at the Rocky Mountain Land Use Institute 2011 Conference. March 4. xiv Denver, City of. 2010. Zoning Code. Article 11: Use Limitations. Section 11.6.1: Garden, Urban; Section 11.8.4: Garden; Section 11.8.6: Keeping of Household Animals; Section 11.10.9: Garden. Available at: http://denvergov.org/cpd/Zoning/DenverZoningCode/tabid/432507/Default.aspx (last visited April 26, 2011). (Permits urban gardens (with accessory structures and beekeeping) as primary uses in most districts, (subject to administrative review and specific standards.) Permits on-site sales for urban gardens in nonresidential districts. Permits accessory gardens in all residential districts, subject to specific standards. Permits accessory beekeeping in most districts, subject to specific standards. Permits accessory gardens in most nonresidential districts, subject to specific standards. xv Kimberly Hodgson, Marcia Caton Campbell, and Martin Bailkey. 2011. Urban Agriculture: Growing Healthy Sustainable Places. Planning Service Advisory Service Report no. 563. American Planning Association: Chicago, IL, at 49, 120, 127 [hereinafter PSA 563]. xvi A comprehensive plan is a long-term vision of a community that identifies local economic, social, and health issues and recommends policies and programs to address the issues. A sustainability plan is similar to a comprehensive plan because it is a framework to guide the adoption and implementation of programs and policies in a city. The plans differ because a sustainability plan is a reaction to energy use and greenhouse gas concerns, so its purpose is to promote sustainable development practices. xvii PSA 563, supra n. iii, at 39. xviii PSA 563, supra n. iii, at 39. xix Denver, City of, Community Planning and Development. “Blueprint Denver.” City of Denver, Colorado – Official Web Site. Available at: http://www.denvergov.org/Planning/BlueprintDenver/tabid/431883/Default.aspx (Last accessed April 26, 2011). xx GreenPrint Denver. 2006. GreenPrint Denver Action Agenga. July 12, at 5. Available at: http://www.greenprintdenver.org/docs/greenprint_report.pdf (last accessed April 26, 2011). xxi Minneapolis Department of Health and Family Support. 2009. Homegrown Minneapolis: Final Report Presented to the Health, Energy and Environment Committee of the Minneapolis City Council. June 15, at 12 [hereinafter Homegrown Minneapolis]. Available at: www.ci.minneapolis.mn.us/dhfs/hgfinalrec.pdf (last accessed April 26, 2011). (Homegrown Minneapolis is a multi-stakeholder planning process that supports and helps the city implement the comprehensive and sustainability plans. It creates recommendations to the Minneapolis City Council, and it recommended that the City “prioritize local food production and distribution when determining the highest and best use of City-owned and private land, and when planning new development or re-development projects that could potentially affect existing local food resources.) Janine de la Salle & Mark Holland, eds, Agricultural Urbanism: Handbook for Building Sustainable Food Systems in 21 st Century Cities, Green Frigate Books, Winnipeg, Manitoba (2010) in PSA 563, at 55-56. (A “new” planning framework “that sees municipal food networks as analogous to other vital infrastructure such as roads or sewers. It aims to improve food access, security, and 16
  • 18. knowledge by integrating context-sensitive urban agriculture and other food-related activities into a wide range of development settings.”) xxii Baltimore, City of, Office of Sustainability. 2009. Baltimore Sustainability Plan, at 75. Available at: http://www.baltimoresustainability.org/uploads/files/Sustainability_Plan.pdf (last accessed April 26, 2011). (Baltimore adopted a sustainability plan that relates urban agriculture to its “greening” and “cleanliness” themes. The sustainability plan established follow-up strategies, and it recommends creating a citywide urban agriculture plan that will “promote healthy, local, and, where possible, organic food production and food professions, and include multiple stakeholders currently involve in food production and job training. The plan should identify the predicted demand for urban-farmed food and recommend location and distribution of urban agricultural institutions. It could also identify the best distribution of existing food networks and identify gaps that need to be filled.”) Cleveland Urban Design Collaborative, Kent State University. 2008. Re-Imagining a More Sustainable Cleveland: Citywide Strategies for Reuse of Vacant Land, at 31. Available at: www.cudc.kent.edu/shrink/Images/reimagining_final_screen- res.pdf (last accessed April 26, 2011). (The City of Cleveland created a sustainability plan that integrates urban agriculture into other sustainable development strategies. The plan identified and developed citywide goals, principles, and strategies, which include policy recommendations for returning vacant land and properties to productive use.) Toronto (Ontario), City of. 2007. “Change Is in the Air: Climate Change, Clean Air and Sustainable Energy Action Plan: Moving from Framework to Action. Phase 1.” Available at: www.toronto.ca/changeisintheair/pdf/clean_air_action_plan.pdf (last accessed April 26, 2011). (The City of Toronto established its FPC as unit of the city‟s Board of Health, and mandated that it meet on a bimonthly basis. It is composed of agency representatives, and they guide the discussions in which they have a stake in a particular agenda item.) Raja, Samina, Branden Born, and Jessica Kozlowski Russell. 2008. A Planners Guide to Community and Regional Food Planning. Planning Service Advisory Report no. 554. Chicago: American Planning Association, at 68-76). (The Portland/Multnomah Food Policy Council in Oregon is an advisory body to the city‟s Bureau of Planning and Sustainability. It is composed of community representatives and staffed through the bureau‟s Sustainable Food Program. Thus, it establishes a functional connection between the local food sector and city government.) xxiii PSA 563, at 38-39 (2011). xxiv Institute for Food Development and Policy. 2009. “Food Policy Councils: Lessons Learned.” http://foodsecurity.org/pub/Food_Policy_Councils_Report.pdf xxv Ibid. xxvi Ibid. xxvii Minneapolis Department of Health and Family Support. "Implementation Efforts." City of Minneapolis, Minnesota - Official Web Site. Available at: http://www.ci.minneapolis.mn.us/dhfs/hgimpefforts.asp (last accessed April 26, 2011). (The Minneapolis City Council established seven working groups to implement Homegrown Minneapolis‟ final report. The council assigned each working group a city staff person as the convener, and tasked the city departments to move their recommendations forward.) xxviii A sub-area or neighborhood plan analyzes all issues within a specific area of the city. xxix Baltimore, City of, Office of Sustainability. 2009. Baltimore Sustainability Plan, at 75. Available at: http://www.baltimoresustainability.org/uploads/files/Sustainability_Plan.pdf (last accessed April 26, 2011). xxx Homegrown Minneapolis, at 12. xxxi PSA 563, supra n. iii, at 74-79. (The City of Cleveland started its local food initiative to reuse vacant and abandoned properties. To do this, the city conducted a parcel-level inventory of the city and used the information to develop its strategies. Subsequently, the city established an urban agriculture zoning district that permits community gardens and market gardens, i.e., small commercial enterprises; passed an ordinance to permit the keeping of poultry, small farm animals, and bees throughout the city; implemented several training and grant programs to provide financial resources and education to beginning farmers; and initiated more than 100 new urban-agriculture projects. xxxii Durham, North Carolina, City of. Unified Development Ordinance. Article 5, Section 5.1.2: Use Table; Section 5.2.5.F: Retail Sales and Service. Available at: www.durhamnc.gov/udo (last accessed April 26, 2011). (Outdoor farmers markets are listed as a primary use in the retail sales and service use category. Farmers markets are permitted by right or with a development plan in a number of mixed use and commercial districts.) Little Elm, Texas, City of. Code of Ordinances. Chapter 106: Zoning, Article I: In General. Section 106-33.5: Farmers Market Regulations. Available At: http://municode.com/index.aspx?clientid=13870&stateId=43&stateName=Texas (last accessed April 26, 2011). (Farmers markets are permitted uses in multiple zoning districts subject to specific operational and site standards.) xxxiii Philadelphia, City of. Philadelphia Code. Title 9: Regulation of Businesses, Trades, and Professions. Chapter 9-200: Commercial Activities on Streets. Section 9-213: Farmers Markets. Available at: www.amlegal.com/nxt/gateway.dll/Pennsylvania/philadelphia_pa/thephiladelphiacode?f=templates$fn=default.htm$3.0$vid=aml 17
  • 19. egal:philadelphia_pa (last accessed April 26, 2011). (Specifies permitted locations for farmers markets and details operational and site standards.) xxxiv Seattle, City of, Department of Transportation. (2011) “Department of Transportation Client Assistance Memo 2305: Gardening in Planting Strips.” January 1. Available at: www.seattle.gov/transportation/stuse_garden.htm (last accessed April 26, 2011). (Clarifies that residents may plant raised-bed gardens in the strip of the public right-of-way between the sidewalk and the curb.) xxxv Center for Food and Justice. (2008). “Fresh Food Distribution Models for the Greater Los Angeles Region” at 8-11. Available at: http://departments.oxy.edu/uepi/publications/TCE_Final_Report.pdf xxxvi Los Angles Food Policy Task Force. (2010).“The Good Food for All Agenda: Regional Food System for Los Angeles” at 9- 12. Available at: http://goodfoodlosangeles.files.wordpress.com/2010/07/good-food-full_report_single_072010.pdf xxxvii Ibid; The Reinvestment Fund. (2010). “Pennsylvania Fresh Food Financing Initiative.” Available at: http://www.trfund.com/resource/downloads/Fresh_Food_Financing_Initiative_Comprehensive.pdf; Denver Healthy Food Access Initiative. (2011). Available at: http://www.denvergov.org/hp2010/Initiatives/DenverHealthyFoodAccess/tabid/437503/Default.aspx; Kaiser Permanente. (2008). “Fresh Food Resource Guide” Available at: http://info.kp.org/communitybenefit/assets/pdf/our_work/global/CHI_CSA_Guide_Final_March2009.pdf; LiveWell Colorado. (2009). “Food Access in Colorado” at 11-15. Available at: http://newsite.livewellcolorado.com/sites/default/files/TCHF_Food_Access_Report_4%5B1%5D.pdf xxxviii Denver Public Schools. (2011). “Adopted Budget FY2010-2011” at 4. Available at: http://static.dpsk12.org/gems/businessservices/FY1011AdoptedBudget6302010.pdf xxxix Los Angles Food Policy Task Force. (2010).“The Good Food for All Agenda: Regional Food System for Los Angeles” at 62. Available at: http://goodfoodlosangeles.files.wordpress.com/2010/07/good-food-full_report_single_072010.pdf xl Reinvestment Fund. (2010). “Pennsylvania Fresh Food Financing Initiative.” Available at: http://www.trfund.com/resource/downloads/Fresh_Food_Financing_Initiative_Comprehensive.pdf xli Ibid xlii Ibid xliii U.S. Green Building Council. (2011). “LEED.” Available at: http://www.usgbc.org/DisplayPage.aspx?CategoryID=19 xliv Ibid xlv Built Green Colorado. (2011). “Programs and Checklists” Available at: http://www.builtgreen.org/programs/index.html xlvi Greenprint Denver. (2011). “Green Buildings” Available at: http://www.greenprintdenver.org/energy-emissions/green- buildings/ xlvii Department of Agriculture, United States. 2011. "Regional Food Hubs." Available at: . http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC50. xlviii See Appendix E xlix Department of Agriculture, United States. 2011. "Regional Food Hubs." Available at: . http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC50. l Ibid. li Department of Agriculture, United States. 2011. Release No. 0170.11. Available at: http://www.usda.gov/wps/portal/usda/usdahome?contentid=2011/04/0170.xml&navid=NEWS_RELEASE&navtype=RT&parent nav=LATEST_RELEASES&edeployment_action=retrieveconte lii Ibid. liii Ibid. liv Ibid. lv Department of Agriculture, United States. 2011. "Regional Food Hubs." Available at: http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC50. lvi Department of Agriculture, United States. 2011. Release No. 0170.11. Retrieved April 22, 2011, Available at: http://www.usda.gov/wps/portal/usda/usdahome?contentid=2011/04/0170.xml&navid=NEWS_RELEASE&navtype=RT&parent nav=LATEST_RELEASES&edeployment_action=retrieveconte lvii McFarlane, Audrey, G. “Race, Space, and Place: The Geography of Economic Development.” San Diego Law Review. (Spring, 1999). lviii Ibid. lix Ibid. lx Community Food Security Coalition. (2010). “The Activities and Impacts of Community Food Projects 2005-2009” at 14. Available at: http://www.foodsecurity.org/pub/CPF_Activities_Impacts_2005-09.pdf lxi Ibid. lxii Ibid. lxiii See: http://www.growingpower.org/; http://sweetwater-organic.com/; http://www.thegrowhaus.com/ lxiv Nord, Mark, Margaret Andrews, and Steven Carlson. “Household Food Security in the United States, 2008.” (2009). ERR-83, U.S. Dept. of Agriculture, Econ. Res. Serv. lxv Ibid. 18