Amend the Unified Development Code to allow Commercial Greenhouse as permitted use_HearingCity of Dubuque
City Council Meeting
Public Hearings # 3.
Copyrighted
January 18, 2022
ITEM TITLE: Amend the Unified Development Code to allow Commercial
Greenhouse as a permitted use in C-2, C-2A, C-3, C-4 and CS zoning
districts and to modify related parking requirements
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of a request from the City of Dubuque to amend the Unified
Development Code to allow Commercial Greenhouse as a permitted use
in C-2, C-2A, C-3, C-4 and CS zoning districts and to modify related
parking requirements, and Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Articles 16-5-11
(C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), and 16-5-16 (CS)
by adding Commercial Greenhouse to the list of permitted uses
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description
Type
ZAC Letter to Council
Staff Memo
Ordinance
Ordinance
Application
Supporting Documentation
Staff Memo
Staff Memo
Planning Services Department
Dubuque
City Hall
THE COF
50 West 13th Street
Dubuque, IA 52001-4864
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III Amain CNI
�(563) IF
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589-4210 phone
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(563) 589-4221 fax
2007-2012-2013
(563) 690-6678 TDD
Masterpiece on the Mississippi
2017.2019
nlanninz@dtvof dubuaue.orz
January 6, 2022
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t" Street
Dubuque IA 52001
Applicant: City of Dubuque
Description: Amend the Unified Development Code to allow Commercial Greenhouse
as a permitted use in C-2, C-2A, C-3, C-4 and CS zoning districts and to
modify related parking requirements
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Assistant Planner Travis Schrobilgen presented the application noting the objective of
this amendment is to allow additional opportunities to locate Commercial Greenhouses
throughout the city. He added that the Comprehensive Plan, Imagine Dubuque 2037,
encourages locally grown foods, expanding opportunities for limited commercial
opportunities in neighborhoods, and increasing the potential for adaptive reuse of
existing buildings. He noted that there has been interest expressed recently by citizens
regarding commercial greenhouses including microgreens, aquaponic, hydroponics,
and traditional greenhouse uses. He stated the current definition and parking
requirements, and that Commercial Greenhouses are only permitted within the C-1
District where they are further limited by a subsection within that district. He said that
the code effectively removes the ability to locate or relocate a Commercial Greenhouse
anywhere within the city and that staff determined that a request for a text amendment
would be appropriate. He also noted that the parking requirements would need to be
modified and would follow the wholesale requirements of, 1 per employee on maximum
shift, plus 1 per service vehicle, plus 1 per 250 square feet gross floor area accessible
to the public.
There was one public comment. Korrin Schriver, owner of ReEvolution Farms, spoke in
favor of the request noting the text amendment would remove barriers to operating a
commercial greenhouse. She described the educational component that ReEvolution
Farms provide each year and concluded that this amendment would promote the goals
of the city to become more sustainable.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
The Zoning Advisory Commission discussed the request, and found the proposal
acceptable.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
O./Z
`.
Matt Mulligan, Chairpe. gision
Zoning Advisory Com '
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall 50 W. 13t' St Telephone: 563-589-4121
ORDINANCE NO. 3-22
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-11
(C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), AND 16-5-16 (CS) BY ADDING
COMMERCIAL GREENHOUSE TO THE LIST OF PERMITTED USES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Chapter 14-6: Off -Street Parking Requirements, is hereby amended
as follows:
Land Use
Off -Street Parking Spaces Required
Commercial Greenhouse
1 per employee on maximum shift,
plus 1 per service vehicle, plus 1 per
250 square feet GFA accessible to the
public
Flower or garden store er commerGial1
per 250 square feet GFA accessible to
the public
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Chapters 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-
4), 16-5-16 (CS), are hereby amended as follows:
16-5-11-1 Principal Permitted Uses
Commercial Greenhouse
16-5-12-1 Principal Permitted Uses
Commercial Greenhouse
16-5-13-1 Principal Permitted Uses
Commercial Greenhouse
16-5-14-1 Principal Permitted Uses
Commercial Greenhouse
16-5-16-1 Principal Permitted Uses
Commercial Greenhouse
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 181h day of January 2022.
PAR
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MirrorMLA-K .• •
Attest:
A!' "Ie d o
Adrienne N. Breitfelder, City Clerk
Dubuque
THE CITY O
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Masterpiece on the Mississippi
2007-2012*2013
2017*2019
PLANNING APPLICATION FORM
❑Variance
❑Preliminary Plat
❑Conditional Use Permit
❑Major Final Plat
❑Appeal
❑Minor Final Plat
❑Special Exception
❑Simple Site Plan
❑Limited Setback Waiver
❑Minor Site Plan
❑Rezoning/PUD/ID
❑Major Site Plan
Please type or print legibly in ink
Property owner(s): N/A
Address:
❑Simple Subdivision
XText Amendment
❑Temporary Use Permit
❑Annexation
❑Historic Revolving Loan
❑Historic Housing Grant
City:
Fax #: Cell #: E-mail:
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone:563-589-4210
Fax: 563-589-4221
planning cityofdubuque.org
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non -Viability
❑Historic Designation
❑Demolition
❑Port of Dubuque /Chaplain Schmitt Island
Design Review
State: Zip:
Applicant/Agent: City Of Dubuque Phone: 563-589-4110
50 W. 13th Street
Fax #: Cell #:
Site location/address: Citywide
City: Dubuque
ail:
IA Zip; 52001
hborhood Association: N/A
Existing zoning: N/A Proposed zoning: N/A District: N/A Landmark: ❑ Yes ❑ No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres): N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Amend the Unified Development Code to allow Commercial Greenhouse as a permitted use in C-2,
C-2A, C-3, C-4 and CS zoning districts and associated off-street parking requirements.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent:
N/A
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: N/A Received by:
Date:
Date:
Date: Docket:
THE CITY OF
Dubuque
DUB TE
AII•America City
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Masterpiece on the Mississippi
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January 5, 2022
TO: Zoning Advisory Commission
FROM: Travis Schrobilgen, Assistant Planner
SUBJECT: Support for Commercial Greenhouses
INTRODUCTION
This memo transmits an application and an ordinance for a proposed Text Amendment
to the Unified Development Code (UDC) zoning regulations to allow Commercial
Greenhouse as a permitted use in C-2, C-2A, C-3, C-4, and CS districts. The objective
of this amendment is to allow additional opportunities to locate Commercial
Greenhouses throughout the city. Additionally, the 2017 Comprehensive Plan, Imagine
Dubuque 2037, encourages locally grown foods, expanding opportunities for limited
commercial opportunities in neighborhoods, and increasing the potential for adaptive
reuse of existing buildings.
The UDC notes: "Text amendments are intended for wholesale changes to the zoning
regulations, as a means for the City to respond to changing conditions and emerging
trends in the community. Text amendments are not property specific."
BACKGROUND
There has been interest expressed recently by citizens regarding commercial
greenhouse uses. Through those discussions, staff has determined that the potential
locations within the city where commercial greenhouses are permitted are extremely
limited. As citizen's interest in locally grown produce have evolved over the past several
years the City has looked for ways to increase neighborhood and citywide availability of
fresh produce. Adequate, locally grown produce is considered an important part of the
effort to create and maintain a thriving and resilient community.
Planning staff has been asked to review how commercial greenhouses are regulated
and to suggest possible amendments to the UDC to identify what districts they should
be permitted in.
DISCUSSION
Commercial Greenhouses are defined in the city code as "A building or premises used
for growing plants, preparation of floral arrangements, cold storage of flowers or dry
Commercial Greenhouse Memo Page 2
storage of materials used for agricultural or horticultural purposes, including for sale on
or off the premises. "
Currently, the UDC allows Commercial Greenhouses only in the C-1 Neighborhood
Commercial zoning district where subsection 5-10.8 Standards for Nonresidential Uses
within the C-1 district, further limits them to be established within existing structures
only... among other limiting standards. As the code effectively removes the ability to
locate or relocate a Commercial Greenhouse anywhere within the city, staff determined
that a request for a text amendment would be appropriate.
This amendment would permit commercial greenhouses within the C-2, C-2A, C-3, C-4,
and CS districts citywide provided the applicant can meet all other city regulations.
Commercial Greenhouses will be regulated the same as any other business within the
same zoning district. The C-1 zoning district would not be altered in any way.
In addition to listing Commercial Greenhouse as a permitted use in the above -
mentioned districts, the off-street parking requirements would also be amended. As a
commercial greenhouse may operate similarly to either, or both, a retail or wholesales
use, staff determined that it would be appropriate that off-street parking requirements
should reflect the more stringent of the two. As proposed, Commercial Greenhouse
would be added to the off-street parking requirement table as a stand-alone use with the
off-street parking requirement being, 1 per employee on maximum shift, plus per
service vehicle, plus 1 per 250 square feet gross floor area accessible to the
public. Additionally, Commercial Greenhouse is currently listed in the table as "Flower
or garden store, or commercial greenhouse" where it would be struck from that listing.
RECOMMENDATION
In conclusion, in an effort to allow additional opportunities for Commercial Greenhouses
throughout the city, Planning staff recommends that the UDC be amended by listing
Commercial Greenhouse as a permitted use in C-2, C-2A, C-3, C-4, and CS districts
and to amend the minimum off-street parking requirements.
Enclosures
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
01/07/2022
and for which the charge is 36.53
Subscribed to before me, a Notary Pubh in and for
Dubuque County, Iowa,
this 7th day of January, 2022
Notary Pi '1 c in and for Dubuque C unty, Iowa.
JANET K. PAPE
='FaA% Commission Number 199859
Sty Comm.. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct public hearings on the 18th day of January, 2022,
at 6:30 p.m., in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, on the following:
REZONINGS
1. Request from Huseman Properties to rezone property
located at 2571 John F. Kennedy Road from OR Office
Residential to C-3 General Commercial zoning district to allow
an electrical contractor shop.
2. Request from City of Dubuque to rezone property located
at the NW corner of Southwest Arterial and Tamarack Drive from
AG Agricultural to PI Planned Industrial designated for the
Dubuque Industrial Center Crossroads.
TEXT AMENDMENT
1. Request from City of Dubuque to amend the Unified
Development Code to allow Commercial Greenhouse as a permitted
use in C-2, C-2A, C-3, C-4 and CS zoning districts.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.convAgendaPablic/ or by
contacting the City Clerks Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments.
Copies of supporting documents for the public hearings are
on file in the City Clerks Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Adrienne N. Breitfelder
City Clerk
It 1/7
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
01/21/2022
and for which the charge is 25.92
Subscribed t efore me, a Nota lic in and for
Dubuque County, Iowa,
this 21st day of January, 2022
Notary Public in and for Dubuque County, Iowa.
a"''•. SHAROM YWEL,80RN
Gcm:u^::ss!��m Mw^r:��x 627/d9
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 3-22
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES
16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4),
AND 16-5-16 (CS) BY ADDING COMMERCIAL GREENHOUSE TO THE LIST
OF PERMITTED USES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Chapter 14-6: Off -Street
Parking Requirements, is hereby amended as follows:
Land Use, Off -Street Parking Spaces Required
Commercial Greenhouse, I per employee on maximum shift, plus
1 per service vehicle, plus 1 per 250 square feet GFA
accessible to the public
Flower or garden store, or commercial greenhouse,"1 per 250
square feet GFA accessible to the public
Section 2. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Chapters 16-5-11 (C-2),
16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-16 (CS),
are hereby amended as follows:
16-5-11-1 Principal Permitted Uses
Commercial Greenhouse
16-5-12-1 Principal Permitted Uses
Commercial Greenhouse
16-5-13-1 Principal Permitted Uses
Commercial Greenhouse
16-5-14-1 Principal Permitted Uses
Commercial Greenhouse
16-5-16-1 Principal Permitted Uses
Commercial Greenhouse
Section 3. "The foregoing amendment has heretofore been
reviewed by the Zoning Advisory Commission of the City of
Dubuque, Iowa.
Section 4. "This ordinance shall take effect immediately upon
publication, as provided by law.
Passed, approved and adopted this 18th day of January 2022.
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 21st day of January, 2022.
/&/Adrienne N. Breitfelder, City Clerk
It O1/21