Urban Garden Task Force Moved to Fast Track

So many gray areas, so little time

The Urban Garden Task Force meeting on August 25 brought with it some contention among dual members of the task force and the Planning and Zoning Commission and one of the task force members.

Springfield-Greene County Parks Director Jodie Adams made a presentation during the first part of the meeting. Adams and the Park Board plan to kick off an urban garden rental pilot project at the Rutledge-Wilson Farm Community Park in time for planting in the spring of 2010.

After Adam's presentation, task force chair Jack Wheeler quickly tried to narrow past discussions of the task force toward what the Planning and Zoning Commissioners felt were the key issues. Wheeler and Senior Planner Daniel Neal's areas of focus seemed to fix upon sales or distribution of farm produce and possible traffic increases to residential zoned districts.

"(Director of Building Development Services) Nick (Heatherly) kind of focused back on, well, if you're selling something for nothing it's still distributing it," Wheeler said. "I still say, as long as you're just giving it (garden produce) away, I guess, if you don't set up a stand and give it there (on-site), you can do whatever you want."

Neal said he had been in recent meetings with Heatherly, and the subject of home occupations had been a part of the discussion. Neal pointed out there are a lot of gray areas in the ordinance.

"What are you attracting to the site? You know, this is a retail, if it's a retail operation there, and, of course, that's something that would not be allowed because it's (residential zoned district) not a permitted district so, in a round about way we don't, it's still a pretty open gray area." Neal said. "The home occupations clearly delineate between two types of uses, one that attracts (traffic or customers) to the single family neighborhood and one that doesn't so, I'd say that would be a major factor in the decision of what's determined."

In the first two meetings of the task force, Wheeler had suggested he wanted the task force to be informal. He appointed Task Force member Galen Chadwick as the "resource man" of the task force and suggested he bring reading material pertinent to the issue for the task force to read.

Wheeler had previously indicated the charge could be changed if the task force wished to discuss changes, and had suggested the task force could add meetings at their pleasure. In fact, at their first meeting, Wheeler told the Task Force they were not limited to only four meetings, "We can add days, too. We can do whatever we want," but the tone of the meeting changed on August 25.

"Now, we've had a pretty wide ranging discussion so, we're really going to have to bring this back to come up with something that we can do to specifically focus on. I think a lot of Galen (Chadwick's) interests are very significant," Wheeler said at the August 25 meeting. "We may have to, actually, eventually, have to separate into two different issues because I can see the subject is so huge that if we don't get our group focused we'll never get a charge done, we'll never get an ordinance written."

Chadwick had his own view about what might slow down the task force's progress.

"These gray areas are golden opportunities. You don't have a, or very much, definition of anything that's stopping you from coming up with a comprehensive, coordinated plan that involves civic pride that focuses on sustainability," Chadwick said. "If you start with a philosophical statement, 'we want a sustainable Springfield,' then work backwards from that willingness to see that we could have resiliency...diversity, as a guiding principle, then you're building a house from the ground up. Each issue comes up before this board because you're focused on the details rather than the structure of the (comprehensive plan)."

The back and forth conversation between dual Planning and Zoning and Task Force member King Coltrin and Chadwick at that point is best shared as stated, trying to characterize it could not possibly do it justice.

Coltrin, to Chadwick: "Our task here is to, before I die, allow people to grow that garden. I can't social engineer this city in this task force. If you would like to socially engineer this city then I think you need to talk to the Mayor about a bigger task force and get that set up for a larger project..."

Chadwick interrupted, taking umbrage at Coltrin's characterization that he was trying to "socially engineer" the City of Springfield.

Coltrin: "Can I talk now? I let you talk."

Chadwick: You cannot mischaracterize..."

Coltrin: "I can't talk right now."

Chadwick: "You can't mischaracterize my words. I never said 'social engineering.' I don't want that on the record, sir, because other people are listening, including the media...I'm not going to be tagged with the label "social engineering.""

Coltrin: "I'm perfectly clear that what your realm of purview is is so large that we will not get through our task, which is to try and clear the way for people to do simple things as gardens in time for them to hit spring planting."

(Here: With Coltrin and Chadwick talking at once there was some unintelligible banter, I could not discern)

Chadwick: "I'm happy you do (want to clear the way for spring planting) we've met three times already, and we have nothing so far. I'm not controlling the agenda, you are."

Chadwick was later put on notice, via email, by another dual member of the task force and the Planning and Zoning Commission.

In an email written the day after the Urban Task Force's meeting, dual member Ray Shermer informed Chadwick that after the last meeting he "felt compelled" to send the following message.

"You come across with a vast knowledge of agricultural issues. The problem is that most of your comments are off-point to our discussion and are slowing down the process. I, for one, am not interested in the broad scenarios you espouse and by other’s negative reactions most members are not either.* We cannot include those off-tangential points in an ordinance. They are superfluous. We are simply trying to craft an ordinance to permit urban gardens when and where we can in this city. And Galen, there will be regulations governing certain gardening enterprises."

Shermer added, "So, I would appreciate, if you want to be a part of the process, stay on target and let us finish this work expeditiously."

Two days after the August 25 meeting, the September 1 task force meeting was postponed.

"Chair Jack Wheeler has requested the Task Force meeting next Tuesday be postponed to provide staff and the task force with more time to submit and review pertinent information for the discussion regarding draft Zoning Ordinance definitions," Senior City Planner Daniel Neal wrote in an email Thursday, August 27.

In another email, Planning & Development Department Director Ralph Rodnstad told JackeHammer, the Planning and Zoning Commission has "the authority to establish a task force to address an issue."

"I may have stated that Council probably did not have time to get involved, but I never asked the Mayor or Council if they wanted to be involved," Rodnstad wrote, "In some ways, it is better not to involve Council at this stage because Council is the ultimate decision maker and if a Council member or members are involved in a Commission task force, everyone may ignore Commissioners and just focus on the decision makers."

Rodnstad also further explained what the public can expect from the Urban Garden Task Force, the Planning and Zoning Commission, City Staff and the City Council pertaining to the issue of urban gardening.

"The task force recommendation will be placed on the next earliest Commission agenda, which we anticipate to be Oct. 8. There will also be a recommendation from staff, which may vary from the task force recommendation. The recommendations of Commission, the task force and staff will all be forwarded to Council for their consideration and approval." Rodnstad wrote. "We will not know when it will go to Council until Commission makes their recommendation. There is always the possibility Council could refer it to the Plans and Policies or Community Involvement Committee, but I hope there will be a consensus between the Commission, task force and staff so that Council has something they are willing to adopt without further study and lengthy debate."

When the task force meeting for September 1 was postponed, it was resceduled for September 8, and an additional meeting was scheduled for September 22. The agendas for those meetings did not include any discussion regarding the formation of another group to study broader or more long term goals related to urban gardens in the City of Springfield.

*Re: Shermer's summation that other members of the urban garden task force displayed negative reactions to Chadwick's contributions to the task force, it should be noted that Shermer's impression of other task force members involved his opinion. I, too, have an opinion regarding the reactions in the room that night but, it isn't particularly pertinent to the report.

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Past "JackeHammer" entries and articles related to the issue of urban gardening in the City of Springfield, in the order they were published:

Bill Allows City to Propose Gardening Regulations in Residential Areas of Springfield

The Garden Plot Thickens...or not?

Breaking: City Planning Staff Recommending Zoning Amendments Defining "Urban Gardens" be Tabled

Missouri House of Representatives Addresses Springfield Urban Garden Questions

The City of Springfield Could be an Innovative Urban Garden Leader

Urban Garden Task Force Selection Process

Urban Garden Task Force Considers the Pros and Cons of Retail Produce Sales in Residential Neighborhoods

Only One of Springfield's Farmers' Markets is Legal Today but, not as a "Farmers' Market"

Also see:

busplunge: HEY! Get Out Of My Garden

busplunge: About This Garden Thing....

busplunge: Mary, Mary, How Does Your Garden Grow?

busplunge: "Urban Garden Task Force Considers the Pros and Cons of Retail Produce Sales in Residential Neighborhoods"

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"Now I'm Gold"

As I traveled home tonight after the Planning & Zoning Commission's public hearing on the urban gardens issue, my mind traveled many different directions.

I was thinking about what a great community we live in, here in Springfield, Missouri, and what fabulous people there are dwelling among us all, in the Queen City.

The text amendments brought for the discussion tonight were questioned, not just by the public but, also by the Commission itself, and between the people and the Commission, they had some of the same questions I had but, they had questions I hadn't even thought about.

There were questions about pesticides, about hoop greenhouses and the water they displace, many, many questions about the conditional use permit fee and nothing much said about a license fee, at all.

The commission seemed very happy with the public comments they heard tonight, and just as Senior Planner Daniel Neal had earlier indicated in an email to me, the P & Z Commission tabled the text amendment indefinitely because they hope to see the City Council create a committee to consider all the pros and cons of urban farming.

A clear distinction was drawn between an urban garden for personal use, or even that of selling produce off-site, and an urban farm, with an on-site stand and maybe even hoop greenhouses.

There is definitely a lot to be discussed and there are plenty of people who appear to be ready to engage in that discussion.

To sum it up in a nutshell, I think Commissioner Matthew Edwards said it about as well as it could be said, "We want to make it easy on community gardens but, keep the standard high for urban farms," Edwards said. "We definitely need to do this (encourage urban gardens and farms) but, we have to be careful with what we do here because, it will set a precident."

So, I could tell you about the wonderful discussion. I could go on with quotes about the concerns and ideas offered but, I would prefer to say, at least for tonight, the system seems to have worked. Besides, Wes Johnson from the News-Leader was there. He'll surely file a "professional" report on it tomorrow, and even get paid for it. :)

Earlier today, I got an email from my brother, who has a little venture of his own going on in the blogosphere. He found himself frustrated because he was trying to say too much at once, and I don't think he'd mind me sharing that. I reminded him, that is the beauty of a blog. There's no one limiting your word count. You've got all the time in the world to take care with one issue before moving on to the next one you believe to be important, "I self-impose deadlines on myself all the time, so I keep pressure on myself. I try to remind myself that I don't get paid for this!" I wrote. "But, to me, and perhaps to you, it is about more than getting paid for it, it's about serving the public by sharing information we think is important for them to know. Right?"

And, of course, my brother agreed because he IS my brother.

So, I think I might have had the wonderful opportunity to have played a role in something big and something with a happy ending tonight by sharing what I did about the issue with others, I have a sense of satisfaction about that tonight. Nah, I don't have the "big-head" thinking I did anything special or was the cause of the great turnout of wonderful people at the meeting tonight, don't get me wrong. But, if I want to think I might have played some very tiny part in what happened at City Council Chambers tonight, just humor me. It's all I get for the trouble.

This song is dedicated to all the lovely people who turned out at the meeting tonight. Every one of them was "gold."

Related: Zoning commission tables garden talks, source "Springfield News-Leader"

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Bill Allows City to Propose Gardening Regulations in Residential Areas of Springfield

(Caution: Sarcasm Alert)

Isn't it special that some members of staff in the City of Springfield want to "allow" all zoning districts in the City of Springfield to grow an "urban garden?"

What? You thought you already had the ability to plant a vegetable or flower garden at your home within the City limits of Springfield, Missouri? I did too!

Imagine my surprise when I realized that we , apparently, have no hope, as residents of the City of Springfield, of planting vegetables, fruit and flowers on our property until the City recommends and the Council authorizes it, through modifications and additions to the City's Zoning Ordinance.

The City Council and Planning and Zoning Commission (P & Z) aren't scheduled to seriously consider allowing us to garden in our yards until July of this year. By the time Council passes these zoning modifications and additions, it will be too late to even put out a garden this summer. Sufferin' Succotash!

Last night, the City Council passed a one reading, consent agenda bill that sounds warm and fuzzy on its surface. The explanation of Council bill 2009-124 states:

"This amendment is being proposed to allow for more sustainable living in neighborhoods around the City. Municipalities across the country are recognizing the benefits of urban gardens and sustainability which ultimately result in an improved community or neighborhood environment. This amendment would allow these types of uses in all zoning districts either by right or with conditions."

It's those conditions I'm concerned about. You see, I thought we already had a right to plant a garden at our houses. I thought we already had a right to plant a garden in a flower bed or container at our businesses.

You don't think this "review" and these "recommendations" are really about giving you, as a citizen of this City, the right to garden or about "allowing" you to plant a garden, regardless of your particular zoning district, do you? Did the Council believe that when they voted in support of the bill?

It seems to me, what unidentified "staff" members of the City are really proposing to give you is more government regulation, and perhaps, attached taxes, and permit fees, depending on your use. Someone in the City will determine what use is a right and what use should be conditional for you at some later date. Don't worry your little head, pretty or otherwise, over it.

The Council gave approval last night for the Planning and Zoning Commission to "begin a process of review and recommendations," with the promise to "return to the Council at a later date." In the meantime, not even 24 hours later, through this news release, we can get an indication of the real proposal.

Straight from Tuesday's news release:

The following changes to the Zoning Ordinance are proposed:

* Add the definition of "Urban Gardens" in Section 2-1100;

* Modify the Permitted Uses section in all zoning districts to allow low-intensity urban garden uses;

* Modify the Conditional Uses section in residential zoning districts to allow more intense urban garden uses;

* Add a section to the Conditional Use Standards that addresses intensity issues such as noise, heavy machinery, hours of operation, accessory buildings, off-street parking, chemicals and fertilizers, and retail or wholesale businesses located on the premise, and;

* Delete all references to truck gardens, which are not defined, in the Zoning Ordinance.

I'm left wondering why these proposed regulations (oh, I'm sorry, "modifications and additions") were not included in the explanation for the bill that Council passed last night? Why could the City not have shared more of the details about what they had in mind, prior to asking for authorization for P & Z to "review" what, clearly, "staff" has been considering for who knows how long?

Further, during a time when Springfield's City Manager Greg Burris is reiterating, during budget deliberations, that City staff are working harder and leaner than ever, due to a hiring freeze and sacrifices of full time positions through attrition, why are they worried about peoples' gardens and how to regulate them, today? Won't this create more work for, what Burris keeps inferring, is an already frazzled City staff?

The news release tells us there will be two public hearings, one at a Planning and Zoning Commission meeting on July 9, and one at the Springfield City Council meeting on Monday, July 27. Both meetings will be held in the City Council Chambers, on the third floor of Historic City Hall, at 7 pm.

According to the news realease,"A staff report describing the proposed amendment in detail will be delivered to the Planning and Zoning Commission and made available to the public on Thursday, July 2, 2009." The report does not say what department of "staff" is working on the report, to be delivered to P & Z and the public.

You can contact Daniel Neal, Senior City Planner at 864-1036 for more information.

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Missing portion 3.D - 4 of the proposed "Premises Interim Use Agreement" offered by the City of Springfield to Finochiarro of the Pythian Castle

I don't have all the information I need to comment on the Pythian Castle issue, I'm still gathering some of it, but I want to go ahead and post what I found to be missing from the City's proposed "Premises Interim Use Agreement" with Tamara Finochiarro from Jason's posting at Life Of Jason. Now, to be clear, Jason tells me he did not intentionally omit this information, rather he said when his copy was hand delivered this page, page 2, was missing from the document. I have no reason to believe that Jason intentionally omitted this portion of the document and I don't know why he would, he has no reason to omit it, but for the sake of the public having all the facts, following is the missing portion of that document:

3. D. Pursuant to the contemplation of this agreement for the interim use of the premises, Ms. Finochiarro was to allow an inspection of the premises to determine items deemed necessary for public health and safety. Said inspection was to determine what items are immediately required to be addressed as part of any continued limited use, and until final plans and development has occurred. On October 30, 2007, Ms. Finochiarro's agent allowed a first floor only inspection of the premises. Said inspection resulted in the attached list of items ("Exhibit A" herein), each of which constitute immediate actual or potential problems involving the life, safety and health of members of the public accessing the premises. As such, all of the items stated within the Exhibit A, unless otherwise directed therein, must be completed immediately for the continued interim use of the premises. Ms. Finochiarro must address each requirement, and have them completed no later than 5:00 pm Monday, November 5, 2007, or the interim use of the premises will be immediately ceased until all items are completed and inspected. Upon completion of the items identified in Exhibit A, Ms. Finochiarro will be required to notify Ms. Cecelia Copeland of the City Building Development Services Department and arrange an inspection to confirm compliance. Ms. Copeland may be reached at XXX-XXXX (phone number omitted at my discretion-Jacke).


E. Ms. Finochiarro may request a building permit and proceed in advance of the phase one final development plan approval to install the water line and fire hydrant called for in the phase one final development plan, and for the performance of any item contained upon Exhibit A which requires the issuance of a building permit. The City agrees, in response to a proper application for each such permit, to issue a separate permit or permits for the construction of these items.

F. The existing fire hydrant on the premises will be upgraded as deemed necessary by the City for current usage, and the hydrant and water flow rate and pressure shall be upgraded to comply with current applicable codes, and with the terms and conditions of Planned Development No. 277.

4. Ms. Finochiarro must obtain administrative approval of phase 1 final development plan by December 31, 2007. Ms. Finochiarro and her architect have the obligation and shall take the lead in providing information as reasonably required by City for the completion of the ARC approval process. City staff will reasonably
assist Ms. Finochiarro and her architect and/or attorney in defining what information and items remain uncompleted with respect to the ARC approval process. It is understood that these items include, but may not be limited to, clarifying ownership of or easement granting rights to the strip of property shown on the eastern boundary of the premises, and clarifying any outstanding issues regarding the flowage and direction of stormwater off the premises.