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Unified Development Code Text Amendment for Community Gardens Copyrighted May 18, 2026 City of Dubuque PUBLIC HEARINGS # 2. City Council ITEM TITLE: Unified Development Code Text Amendment for Community Gardens SUMMARY: Proof of Publication on notice of public hearing to Amend the Unified Development Code by Listing Community Gardens as a Permitted Use in all Office, Commercial, and Industrial Zoning Districts and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (G1), 16-5-11 (G2), 16-5-12 (G2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (G5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16- 5-19 (HI), and 16-5-20 (MHI) by Adding Community Garden as a Principal Permitted Use. SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. ZAC Itr to CC 2. Application 3. Staff Memo to ZAC 4. Ordinance Page 714 of 890 Planning Services Department Dubuque City Hall THE CITY OF � 50 West 13t"Street All•Merie�Ciq Dubuque,IA 52001-4864 �T T� � � , � (563)589-4210 phone U I I I I° (563)589-4221fax 2007•2012•2013 �563�6ao-66�s TDD Masterpiece on the Mississippi zoi�*zoi9 planning@cityof dubuque.org May 11, 2026 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: City of Dubuque Location: City-wide Description: To Amend the Unified Development Code by Listing Community Gardens as a Permitted Use in all Office, Commercial, and Industrial Zoning Districts. 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 Staff presented the proposed text amendment noting that the intention is to list community gardens as a permitted use in all office, commercial, and industrial zoning districts. Staff noted that community gardens are already allowed in all residential zoning districts including the office residential zoning district. Staff stated the Washington Neighborhood Community Garden's search for a new location highlighted that numerous properties throughout the city have potential as garden sites but are currently unusable because the underlying zoning district does not permit community gardens as a principal permitted use. Staff stated that text amendments are city-wide changes that are not specific to any one property, person, or group. Staff said that community gardens are increasing in popularity and are beneficial to neighborhoods as they provide access to fresh foods throughout the community including within neighborhoods considered food deserts. There was no public input. The Commissioner discussed the request finding it favorable. 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. Service People Integrity Responsibility Innovation Teamwork Page 715 of 890 The Honorable Mayor and City Council Members Page 2 Respectfully submitted, � � o /'j� �.�_. � Mathew Mulligan, C�erson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Page 716 of 890 Dubuque 7'I IE CI7'Y(�F � City of Dubuque ui��nenaury Planning Services Department DT T� � �I I I I� Dubuque,IA 52001-4845 U Phone: 563-589-4210 2007.20��._��:3 Fax: 563-589-4221 MCfStPI'�71ECf 011 f�IP!�/IISSIS51���7j 2017•2019 planninq cityofdubuque.orq � " � • • Zonin4 Advisory Zoninu Board of Development Services Historic Preservation Commission Commission Adiustment ❑ Annexation ❑ Demolition ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non-Viability � Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review(Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation: ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review . , . ., . . . . - . . - . , -, . A. Property Information Site Location/Address:Text Amendment to the UDC Legal Description/Parcel ID#/Subdivision: N/A Existin Zonin Varies pro osed Zonin Varies Site Area s uare feet/acres : 9 9� P 9� � Q ) Historic District: N�'4 Landmark: � Yes ❑ No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Request for a text amendment to allow Community Garden as a Principal Permitted Use in all office, commercial, and industrial zoning districts. C. Applicant/Agent Information Name: Michael Van Milligen, City Manager Phone: 563-589-4110 aaaress: 50 West 13th Street �;ty: Dubuque state: lA Z;p: 52001 Email: D. Property Owner(s) Information Name(s): N�p` Phone: Address: City: State: Zip: Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: (� �ate: 05/03/2026 Property Owner(s): Date: • • • Fee$ � Ck# ❑CC ❑Cash Received by Date Page 717 of 890 Dubuque THE CITY OF � All-Anerioa Cit� D V L L xr�+wi�n � I �,��; � � Maste iece on the Mississi i Zao��ZolZ.Zo13 YP Pp zoi�*zoi9 TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner DATE: April 29, 2026 SUBJECT: Text Amendment to list Community Garden as a permitted use in all office, commercial, and industrial zoning districts. INTRODUCTION This memo transmits an application and an ordinance for a proposed Text Amendment to Section 16-2-3 of the Unified Development Code (UDC) zoning regulations to allow Community Garden as a Principal Permitted Use in all office, commercial, and industrial zoning districts. This text amendment would add Community Garden as a Principal Permitted Use to the following zoning districts: OS, OC, C-1, C-2, C-2A, C-3, C-4, C-5, CS, CR, LI, HI, and MHI. 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 The Planning Services Department has recently been involved in discussions regarding the property located at 1836 Washington Street, which has historically functioned as a community garden. The site has provided space for local residents to grow food, gather, and engage in neighborhood-based activities. The current property owner has allowed the community garden use on the property but now desires to redevelop the property and as a result the existing community garden is seeking to relocate. This situation has highlighted a broader regulatory issue within the Unified Development Code (UDC) regarding the allowance of community gardens across zoning districts. At present, community gardens are permitted in only the residential zoning districts including R-1, R-2, R-2A, R-3, R-4, and OR. In recent years, staff have observed increasing interest in community gardens, both as stand-alone uses and as accessory uses to residential, institutional, and mixed-use developments. This interest reflects broader trends in urban agriculture, food access initiatives, and community-based placemaking efforts. Page 718 of 890 Memo — Text Amendment for Community Gardens Page 2 The relocation of the garden at 1836 Washington Street has provided the impetus for staff to evaluate how community gardens are addressed in the UDC and to consider a text amendment that would permit this use more broadly. The intent of this amendment is to recognize community gardens as a low-impact, community-serving use and to allow them in all zoning districts, subject to appropriate standards where necessary. DISCUSSION Staff discussed the distinct characteristics of community gardens and how they function within different zoning contexts: • Community gardens are low-intensity land uses that typically generate minimal traffic, noise, or other external impacts. • These spaces are often neighborhood-serving in nature, providing access to fresh produce, particularly in areas that may have limited access to grocery stores or healthy food options. • Community gardens support social interaction and neighborhood cohesion, serving as informal gathering spaces that foster relationships among residents. • They contribute to urban greening and environmental benefits, including stormwater absorption, reduction of urban heat island effects, and support for pollinators. • Community gardens can activate vacant or underutilized land, improving aesthetics and reducing blight in both residential and commercial areas. • These gardens are typically flexible and temporary in nature, allowing land to be returned to other uses in the future if redevelopment occurs. • In many cases, community gardens operate with little to no permanent structures, further limiting their long-term impact on surrounding properties. Staff also noted that community gardens are compatible with a wide range of land uses, including residential neighborhoods, commercial corridors, institutional campuses, and even certain industrial areas. Their scale and design can vary also making them adaptable across zoning districts. Allowing community gardens more broadly across zoning districts is also consistent with the goals and strategies of the City of Dubuque's Climate Action Plan. The plan specifically identifies improving local food resilience and expanding access to healthy, locally grown food as key strategies, including increasing the number of community garden locations and participation opportunities throughout the community. Expanding the zoning districts in which community gardens are permitted would directly support these objectives. For these reasons, staff feel that the community gardens would be an appropriate principal permitted use in all office, commercial, and industrial zoning districts. Community gardens would continue to be allowed as a principal permitted use in the R-1, R-2, R-2A, R-3, R-4, and OR. Page 719 of 890 Memo — Text Amendment for Community Gardens Page 3 RECOMMENDATION In conclusion, in an effort to allow greater opportunity for community gardens throughout the city, staff recommend that Unified Development Code Section 16-2-3 be amended to Community Gardens as a Principal Permitted Use in all in all office, commercial, and industrial zoning districts. Enclosures Page 720 of 890 III • Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breiffelder,City Clerk Address: City Hall,50 W. 13°'St Telephone: 563-589-4121 ORDINANCE NO. 22-26 ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING BY AMENDING ARTICLES 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16- 5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5- 19 (HI), AND 16-5-20 (MHI) BY ADDING COMMUNITY GARDEN AS A PRINCIPAL PERMITTED USE 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 Chapters 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 165-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and16-5-20 (MHI), are hereby amended as follows: 16-5-8-1 Principal Permitted Uses Community Garden 16-5-9-1 Principal Permitted Uses Community Garden 16-5-10-1 Principal Permitted Uses Community Garden 16-5-11-1 Principal Permitted Uses Community Garden 16-5-12-1 Principal Permitted Uses Community Garden 16-5-13-1 Principal Permitted Uses • Community Garden 16-5-14-1 Principal Permitted Uses Community Garden 16-5-15-1 Principal Permitted Uses Community Garden 16-5-16-1 Principal Permitted Uses Community Garden 16-5-17-1 Principal Permitted Uses Community Garden 16-5-18-1 Principal Permitted Uses Community Garden 16-5-19-1 Principal Permitted Uses Community Garden 16-5-20-1 Principal Permitted Uses Community Garden 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 May 2026. rad . Cavaria .fa�'I�V a or Attest: Trish L. Gleason, Assistant City Clerk 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: 05/13/2026 and for which the charge is 40.88 Sub§cribed to before me, a Notary Public in an for Dubuque County, Iowa, this 13th day of May, 2026 Notary /OWN c in and for Dubugde County, Iowa. JANET K. PAPE y Commission Number 199659 My Commission Expires 12/ 11 /2028 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 18th day of April 2026, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS: 1. Request by Patrick Norton, Buesing & Associates to rezone property at 1836 Washington Street from R2A Alternate Two Family Residential to C-4 Downtown Commercial zoning district. 2. Request by Kenneth Miller, Dubuque Metropolitan Area Solid Waste Agency to rezone property at 101 Airborne Road, PINs 1401400005, 1412226001, 1506326003, 1506351004, 1506376002, and 1507101002 from Country A-1 Agricultural, Country R-1 Rural Residential, Country R-2 Single Family Residential and County C-1 Conservancy to City H1c Heavy Industrial zoning district with conditions concurrently with annexation to the City of Dubuque. 3. Text Amendment to list Community Garden as a permitted use in all office, commercial, and industrial 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 City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals requiring special assistance should contact the City Clerk's Office as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Trish Gleason, Asst. City Clerk It 5/13 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: 05/22/2026 and for which the charge is 30.22 Subsc'ribed to before me, a Notary Public in and for Dubuque County, Iowa, this 22nd day of May, 2026 Notary Pu in and for Dubuque County, Iowa. JANET K. PAPE y, Commission Number 199659 My Commission Expires 12/11/2028 Ad text : ORDINANCE NO. 22-26 OFFICIAL NOTICE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), AND 16-5-20 (MHI) BY ADDING COMMUNITY GARDEN AS A PRINCIPAL PERMITTED USE. 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 Chapters 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and16-5-20 (MHI), are hereby amended as follows: 16-5-8-1 Principal Permitted Uses - Community Garden 16-5-9-1 Principal Permitted Uses - Community Garden 16-5-10-1 Principal Permitted Uses - Community Garden 16-5-11-1 Principal Permitted Uses - Community Garden 16-5-12-1 Principal Permitted Uses - Community Garden 16-5-13-1 Principal Permitted Uses - Community Garden 16-5-14-1 Principal Permitted Uses - Community Garden 16-5-15-1 Principal Permitted Uses - Community Garden 16-5-16-1 Principal Permitted Uses - Community Garden 16-5-17-1 Principal Permitted Uses - Community Garden 16-5-18-1 Principal Permitted Uses - Community Garden 16-5-19-1 Principal Permitted Uses - Community Garden 16-5-20-1 Principal Permitted Uses - Community Garden 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 "May 2026. /sBrad M. Cavanagh, Mayor Attest:/s/Trish Gleason, Assistant City Clerk 1t 5/22