Code of Ordinances Amendment - Title 17_Community Gardens_HearingCity of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
ATTACHMENTS:
Description
Commission Letter
Application
Commission Letter of Support
Ordinance
Proof of Publication
Suggested Motion Wording
Copyrighted
May 18, 2020
Public Hearings # 2.
Code of Ordinances - Text Amendment for Community
Gardens
Proof of publication on notice of public hearing to consider
approval of a request from the City of Dubuque to define
Community Gardens as "a publicly or privately owned
parcel where people gather to grow produce and flowers."
List Community Gardens as a permitted use in all
Residential and OR Office Residential Districts, and the
Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by
amending Chapter 16-2-3, Definitions, to add a definition of
Community Gardens, and by amending Chapters 16-5-2.1,
16-5-3.1, 16-5-4.1, 16-5-5.1, 16-5-6.1 and 16-5-7.1 to add
Community Gardens as a permitted use
Suggested Disposition: Receive and File; Motion B; Motion
A
Type
Staff Memo
Supporting Documentation
Staff Memo
Ordinance
Supporting Documentation
Supporting Documentation
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
Masterpiece an the Mississippi
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
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AII•Aneriu CIII
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2007.2012.2013
2017*2019
May 11, 2020
Applicant: City of Dubuque.
Location: Community -wide
Description: To Amend Chapter 2 and Article 3-8 of the Unified Development Code to
Define Community Gardens and to List Them as a Permitted Use in all
Residential and Office Residential 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
Planning staff said that the request is to amend Chapter 2 and Article 3-8 of the Unified
Development Code, noting that the intention is to define community gardens and to list
them as a permitted use in all residential and office residential districts. Staff said that
community gardens have already been developed in a number of residential
neighborhoods throughout the city and that, although allowed as a "park or other natural
area", community gardens have not been defined in the Unified Development Code and
listed as a permitted use in residential districts. Staff said that, based on the popularity
of community gardens and on inquiries from citizens, it was prudent to clearly define
and list these gardens as permitted in all residential and office residential districts. Staff
also discussed the benefits of community gardens that include furthering the City's
goals regarding sustainability, beautification of vacant inner -urban lots, creation of
vibrant green spaces and provision of educational opportunities and fresh and
wholesome foods.
Two citizens asked questions and offered their support for the amendment.
Commissioners discussed the request and agreed that, given the popularity of
community gardens and their many benefits to the city's neighborhoods, the proposed
amendment was warranted.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 7 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,
0(A.
Martha Christ, Vice Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
❑ Variance
❑ Conditional Use Permit
❑ Appeal
❑ Special Exception
❑ Limited Setback Waiver
❑■Rezoning/PUD/ID
Dubuque
bend
All-Jii in ia1
111111
2007.2012.2013
2017*2019
PLANNING APPLICATION FORM
['Preliminary Plat
❑Major Final Plat
❑ Minor Final Plat
❑ Simple Site Plan
❑ Minor Site Plan
❑Major Site Plan
Please type or print legibly in ink
Property owner(s): City of Dubuque
Address: 50 W. 13th Street
❑ Simple Subdivision
KText Amendment
❑ Temporary Use Permit
❑ Annexation
❑ Historic Revolving Loan
❑ Historic Housing Grant
City: Dubuque
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone: 563-589-4210
Fax: 563-589-4221
planning@cityofdubuque.orq
Certificate of Appropriateness
▪ Advisory Design Review (Public Projects)
❑ Certificate of Economic Non -Viability
❑ Historic Designation
EDemolition
❑ Port of Dubuque /Chaplain Schmitt Island
Design Review
Phone: 563-589-4210
State: IA Zip:52001
Fax #: Cell #: E-mail:
Applicant/Agent: Planning Services Department Phone:
Address: City: State: Zip:
Fax #: Cell #: E-mail:
Site location/address: City-wide Residential and Office Residential Dists. Neighborhood Association: N/A
Existing zoning: Res/OR Proposed zoning: N/A District: N/A
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend the Unified Development
Code to clearly define community gardens and to list them as a permitted use in all residential districts and in the
Landmark: ❑ Yes ❑ No
OR Office Residential district.
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): City Wide Date:
Applicant/Agent: Michael C. Van Milligen Date: 4/14/2020
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: Date: Docket:
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Guy Hemenway, Assistant Planner
SUBJECT: Support for Community Gardens
Dubuque
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AII•America City
' 1111®'
2007.2012*2013
2017*2019
April 13, 2020
INTRODUCTION
This memo transmits an application and an ordinance for a proposed Text Amendment
to the Unified Development Code (UDC) zoning regulations to add a definition for
Community Gardens and to allow Community Gardens as a permitted use in all
Residential Districts and the OR Office Residential District citywide. Community gardens
are supported in the 2017 Comprehensive Plan, Imagine Dubuque 2037.
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 much interest expressed recently by citizens and community groups
regarding community gardens. In the past several years the popularity of community
gardens has grown, and several have sprouted organically in residential and
commercial districts often with little City involvement or oversight. Community gardens
are considered an important part of the effort to create a sustainable community and
increase the availability of fresh wholesome food to areas of the city where such food
may not be readily available.
Proponents of community gardens note that they can beautify vacant often unsightly
lots in inner urban areas, create vibrant green spaces, increase property values, provide
fresh food to people, lead to a healthier lifestyle, provide educational opportunities and
build stronger communities. With the ever-increasing popularity of community gardens
Planning staff has been asked to research how they are regulated in other communities
and to suggest possible amendments to the UDC to clearly define them and identify
what districts they should be permitted in.
DISCUSSION
Planning staff's initial interpretation of the UDC determined that community gardens
should be a permitted use in all residential districts as they are deemed similar to:
Community Garden Memo Page 2
"Public or private parks, golf course, or similar natural recreation areas". This UDC
description does not specifically list community gardens as a permitted use, and
Chapter 2 of the UDC does not define them.
Community gardens can be loosely deemed what has become to be known as "urban
agriculture". When researching the efforts undertaken by other communities to define
community gardens it became evident that there is no common set of definitions or rules
governing these gardens. Some permit accessory structures such as greenhouses and
storage buildings. Some require that the gardens be fenced and some allow bee
keeping as an accessory use provided that the hives are a minimum of 200 feet from a
school or daycare. Some communities have created RRZs (Rural Residential Zones) or
Urban Ag Overlay districts as a form of regulatory control.
There are already a number of these gardens within the city including the Dubuque
Rescue Mission Garden, Westminster Presbyterian Church Garden, Convivium Urban
Farmstead, Dem Greens, Wading Pool Gardens, Four Mounds Community Garden,
Bee Branch Community Orchard, Arlington Street Garden and the Washington
Neighborhood Garden. All but the Dem Greens garden, Arlington Street Garden and
the Washington Neighborhood Garden are accessory to a principal use such as a
church, City park or business. Gardens located on a lot with a principal use such as a
church are considered an accessory use and are regulated by Article 3-8 of the UDC. If
community gardens are listed as a principal use, they will be bound by building setback
and accessory use regulations for residential districts. This would allow for accessory
structures and the keeping of hens.
Staff felt that it may be best to establish a clear definition of community gardens and
identify what zoning districts that they be permitted in. A simple definition of a
community garden is: "a publicly- or privately -owned parcel where people gather to
grow produce and flowers". And further, to list community gardens as a permitted use
in all of the city's Residential Districts and the OR Office Residential District.
Staff reached out to representatives of the urban agriculture community that were
identified during the Imagine Dubuque community engagement process and asked for
their input regarding the proposed text amendment. All the feedback was positive.
RECOMMENDATION
In conclusion, in an effort to clearly define community gardens and to list them as a
permitted use all in residential districts, Planning staff recommends that the UDC be
amended by adding the definition of community gardens and listing community gardens
as a permitted use in all residential districts and in the OR Office Residential District.
Enclosures
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 563-589-4121
ORDINANCE NO. 19-20
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 16-2-3,
DEFINITIONS, TO ADD A DEFINITION OF COMMUNITY GARDENS, AND BY
AMENDING CHAPTERS 16-5-2.1, 16-5-3.1, 16-5-4.1, 16-5-5.1, 16-5-6.1 AND 16-5-7.1
TO ADD COMMUNITY GARDENS AS A 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 16-2-3, 16-5-2.1, 16-5-3.1, 16-5-4.1, 16-5-5.1, 16-5-6.1
and 16-5-7.1 are hereby amended as follows:
2-3 Community Garden: a publicly or privately owned parcel where people
gather to grow produce and flowers.
5-2.1, 5-3.1, 5-4.1, 5-5.1, 5-6.1 and 5-7.1, Principal Permitted Uses:
Community Gardens
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take affect upon publications, as provided
by law.
Passed, approved and adopted this 18th day of May 2020.
iY)
Roy D. Buol, Mayor
Attest:
Kevyn SvFirnstahl, 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:
05/08/2020
and for which the charge is 30.07
Subscribed to before me, a Notary Public inJid for
Dubuque County, Iowa,
this llth day of May, 2020
Nota ublic in and for Dubuque Co nty, Iowa.
JANET K. PAPE
Commission Number 199869
lily Comm. Exp, DEC 11, 20:22
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will
conduct public hearings at a meeting to commence at 6:30 p.m.
on Monday, May 4, 2020 in the Historic Federal Building,
second -floor Council Chambers, 350 W. 6th Street, Dubuque,
(and/or by virtual means) on the following:
REZONINGS
Request from Steve Emerson, 3000 Jackson, LLC to rezone
property at 3000 and 3040 Jackson Street from LI Light
Industrial Zoning District to C-4 Downtown Commercial Zoning
District.
TEXT AMENDMENT to Zoning Ordinance
Request from City of Dubuque to define Community Gardens as
"a publicly- or privately owned parcel where people gather to
grow produce and flowers." List Community Gardens as a
permitted use in all Residential and OR Office Residential
districts.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office, 50 W. 13th St., Dubuque,
IA 52001, on or before said time of public hearing. At said
time and place of public hearings all interested citizens and
parties will be given an opportunity to be heard for or
against said proposal.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office, City Hall, 50 W. 13th St.,
Dubuque, Iowa, and may be viewed during normal working hours.
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.
In the event that a meeting at the Historic Federal Building
location is not possible as a result of the COVID-19 pandemic,
instructions for a virtual meeting and public input will be
posted on the meeting agenda on Friday, May 15, 2020 at
https://www.cityofdubuque.org/agendas.
Kevin S. Firnstahl, CMC, City Clerk
It 5/8
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:
05/22/2020
and for which the charge is 16.78
Subscribed to before me, a Notary Public ii+4nd for
Dubuque County, Iowa,
this 22nd day of May, 2020
e�
Notary i'�iblic in and for Dubuque County, Iowa.
JANEi K. PAPE
Commisslo0 Number
1 9 9
lily Comm. Exp.
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 19-20
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER
16-2-3, DEFINITIONS, TO ADD A DEFINITION OF COMMUNITY GARDENS,
AND BY AMENDING CHAPTERS 16-5-2.1, 16-5-3.1, 16-5-4.1,
16-5-5.1, 16-5-6.1 AND 16-5-7.1 TO ADD COMMUNITY GARDENS AS A
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 16-2-3,
16-5-2.1, 16-5-3.1, 16-5-4.1, 16-5-5.1, 16-5-6.1 and 16-5-7.1
are hereby amended as follows:
2-3 Community Garden: a publicly or privately owned parcel
where people gather to grow produce and flowers.
5-2.1, 5-3.1, 5-4.1, 5-5.1, 5-6.1 and 5-7.1, Principal
Permitted Uses: Community Gardens
Section 2. The foregoing amendment has heretofore been
reviewed by the Zoning Advisory Commission of the City of
Dubuque, Iowa.
Section 3. The foregoing amendment shall take affect upon
publications, as provided by law.
Passed, approved and adopted this 18th day of May 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Fimstahl, City Clerk
Published officially in the Telegraph Herald newspaper on
the 22nd day of May 2020.
/s/Kevin S. Fimstahl, City Clerk
It 5/22