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Request to Rezone Property on Airborne Road_HearingCopyrighted February 19, 2024 City of Dubuque Public Hearings # 02. City Council Meeting ITEM TITLE: Request to Rezone Property on Airborne Road SUMMARY: Proof of publication on notice of public hearing to consider a request from Kenneth Miller, Dubuque Metropolitan Area Solid Waste Agency, to rezone property on Airborne Road, P IN 1506200016, from AG Agriculture to HI Heavy Industrial, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at Airborne Road (P IN 1506200016) from AG Agriculture to HI Heavy Industrial SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: FIN ik[91:ILyil21ZIII &] Description Type ZAC Staff Memo to CC Staff Memo Application Staff Memo Vicinity Map Supporting Documentation Staff Report Staff Memo HI Heavy Industrial District Regulations Supporting Documentation AG Agriculture District Regulations Supporting Documentation Ordinance Ordinance Ordinance ExhibitA Ordinance 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 pIarming@d1yofdubuque.org THE COF DiU!B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 131" Street Dubuque IA 52001 Dubuque AI-Amwin Cft 2007,2012.2013 2017*2019 February 12, 2024 Applicant: Dubuque Metropolitan Area Solid Waste Agency - Kenneth Miller Location: Airborne Road PIN 1506200016 Description: To rezone property from AG Agriculture to HI Heavy Industrial 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 The applicant, Kenneth Miller, spoke on behalf of the application. He explained that they seek to rezone the property from AG to HI to conduct activities on the property similar to those at the landfill. Staff detailed the staff report noting that the property was annexed into the city in 1997, that the property was bifurcated by the construction of the Airborne Rd right-of-way and that the biogas plant was constructed on the property in 2021 as a quasi -public utility, a permitted use in the AG zoning district. Staff explained that the proposed project, a residential and small load drop-off facility, would be considered sanitary landfill use and is only permitted in the HI Heavy Industrial zoning district. Staff described the surrounding zoning noting that most of the surrounding properties are zoned industrial and that the three R-1 Single -Family Residential zoned properties to the north are owned by the city. No one spoke in opposition to the request. Staff noted they received no public input. Staff explained that the proposed project would require Development Review Team (DRT) approval prior construction. The Zoning Advisory Commission discussed the request finding it appropriate. Recommendation By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council approve the request as submitted. A simple majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Matt Mulligan, Chairp so Zoning Advisory Com ' sion Attachments Service People Integrity Responsibility Innovation Teamwork THE COF DtUB E Masterpiece on the Mississippi Zoning Advisory Commission ❑ Amended PUD ❑X Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards A. Property Information Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review Site Location/Address: 10 1 Airborne Road, Dubuque, IA 52003 Legal Description/Parcel ID#/Subdivision: AG 1506200016 Existing Zoning: Proposed Zoning: Historic District: City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 planning cityofdubuque.orq Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Site Area (square feet/acres): -andmark: ❑ Yes ❑x No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): The solid waste agency has identified this location as the most accessible site for the location of our proposed Customer Convenience Center and small hauler transfer station. These activities are consistent with the activities of a municipal solid waste facility. The request is to rezone this land so the zoning aligns with the zoning of other parcels owned by the aaencv. C. Applicant/Agent Information Name: Kenneth Miller Phone: 563-589-4354 Address: 925 Kerper Ct. city: Dubuque State: IA Zip: 52001 Email: kmiller@cityofdubuque.org D. Property Owner(s) Information Name(s): Dubuque Metropolitan Area Solid Waste Agency Phone: 563-557-8220 Address: 925 Kerper Ct. city: Dubuque State: IA Zip: 52001 Email: dmaswa@cityofdubuque.org 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: I" Ia— Date: 1 /18/2024 Property Owne s): DMASWA - Signing on their behalf Date: Fee $654 Ck#Journal Entry ❑CC ❑Cash Received byShena Moon Date 1 /25/2024 C-3 52 AG C-3 PI C-3c C-3c R-1 AG c�a AG 6 c coo C-3c , C-3 fl� 90� Hlc 20 C-3c R-1 c 9E<30 R-3c ., Dubuq u I M Vicinity Map 4,1 sw Applicant: Kenneth Miler, Dubuque Metropolitan Area Solid Waste Agency Location: Airborne Road (PIN 1506200016) Description: To rezone property from AG Agricultural to HI Heavy Industrial. ■... Subject Property Ir City Limits 0 295 590 1,180 N A Feet 1:8, 532 REZONING STAFF REPORT Zoning Agenda: February 7, 2024 Property Address: PIN 1506200016 — Airborne Road Applicant: Dubuque Metropolitan Area Solid Waste Agency - Kenneth Miller Description: To rezone property from AG Agriculture to HI Heavy Industrial. Proposed Land Use: Sanitary Landfill Existing Land Use Adjacent Land Use: Former Zoning Total Area Quasi -Public Utility (biogas facility) North — Industrial East — Commercial South — Industrial West — Industrial Proposed Zoning: HI Existing Zoning: AG Adjacent Zoning: North — PI; R-1 East — C-3 South — HI West — Hlc Annexed into the City in 1997 as AG Agriculture zoning district. 37.1 acres Property History: The property was annexed into the city limits in 1997 and unlike the remainder of the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) property that was proposed to be active landfill cells zoned as Heavy Industrial with conditions (Hlc), the subject property was zoned as AG. The property has remained vacant until recently when a quasi -public utility (biogas facility) was developed in 2021. A rezoning was not required at that time because quasi -public utilities are permitted in the AG zoning district. Also of note, Airborne Road was laid out and constructed in 2019 which split some of the parcels in the area, including the subject property. Physical Characteristics: The subject property is an approximately 37-acre irregularly shaped lot adjacent to and owned by the DMASWA. The property is split by the Airborne Road right-of-way. The larger portion on the west of the property is significantly lower than Airborne Road while the smaller portion to the east is at -grade or slightly above Airborne Road. The subject property is developed with a biogas facility and is otherwise vacant. Concurrence with Comprehensive Plan: The Comprehensive Plan notes that the DMASWA offers services to businesses and residents of Dubuque (and the surrounding area) including appliance recycling, composting, construction and demolition disposal, drop-off recycling (glass and electronics), hazardous material disposal and special event recycling units. The proposed rezoning would facilitate the construction of a Customer Service Center which would be a drop-off facility that would allow these services to be more convenient, efficient, and organized for residents, businesses and DMASWA staff. Future Land Use Map — Industrial Rezoning Staff Report — DMASWA PIN 1506200016 Page 2 Impact of Request on: Utilities: Utilities are adequate to serve the subject property. Traffic Patterns/Counts: The most recent Iowa Department of Transportation traffic counts from 2020 indicate an average daily traffic count of 101 vehicle trips along Airborne Road which is classified as a `local' street on the Iowa DOT's Iowa Traffic Data map. The subject property is planned to be developed for sanitary landfill use as a residential or small load drop-off facility. Overall, traffic is not expected to substantially increase and should have little impact on adjacent properties. Public Services: Public services such as emergency services are adequate to serve the site regardless of the use. Environment: The applicant is proposing to develop a portion of the subject property. The project must be reviewed through the development review process known as the Development Review Team (DIRT). The DIRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, landscaping, lighting, and more. Staff do not anticipate any adverse effects on the environment as any impact would be mitigated through development review. Adjacent Properties: There are three parcels to the north of the subject property that are zoned as single-family but remain undeveloped. These lots are currently owned by the City of Dubuque and are currently undevelopable. The subject parcel otherwise is bordered by industrial uses along the north, south, and west, and by commercial uses across the Highway 20 right of way. Rezoning the subject property from AG to HI should have little impact on adjacent property owners. CIP Investments: None. Staff Analysis: The Dubuque Metropolitan Area Solid Waste Agency (DMASWA) proposes to rezone the subject property from AG Agriculture to HI Heavy Industrial to facilitate the construction of a small -load or residential drop-off facility. The property was annexed into the city limits in 1997 and unlike the remainder of the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) property that was proposed to be active landfill cells zoned as Heavy Industrial with conditions (Hlc), the subject property was zoned as AG. The property has remained vacant until recently when a quasi -public utility (biogas facility) was developed in 2021. A rezoning was not required at that time because quasi -public utilities are permitted in the AG zoning district. Also of note, Airborne Rezoning Staff Report — DMASWA PIN 1506200016 Page 3 Road was laid out and constructed in 2019 which split some of the parcels in the area, including the subject property. The subject property is an approximately 37-acre irregularly shaped lot adjacent to and owned by the DMASWA. The property is split by the Airborne Road right-of-way. The larger portion on the west of the property is significantly lower than Airborne Road while the smaller portion to the east is at -grade or slightly above Airborne Road. The subject property is developed with a biogas facility and is otherwise vacant. The most recent Iowa Department of Transportation traffic counts from 2020 indicate an average daily traffic count of 101 vehicle trips along Airborne Road which is classified as a `local' street on the Iowa DOT's Iowa Traffic Data map. The subject property is planned to be developed for sanitary landfill use as a residential or small load drop-off facility. Overall, traffic is not expected to substantially increase and should have little impact on adjacent properties. The applicant is proposing to develop a portion of the subject property. The project must be reviewed through the development review process known as the Development Review Team (DIRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, landscaping, lighting, and more. Staff do not anticipate any adverse effects on the environment as any impact would be mitigated through development review. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed rezoning to the City Council in accordance with Chapter 16-9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared by,� J___� eviewed: Date. 01 /31 /2024 16-5-19: HI HEAVY INDUSTRIAL: The HI district is intended to provide locations for industrial uses which by their nature generate levels of smoke, dust, noise, odors, or other visual impacts that render them incompatible with virtually all other land uses. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. (Ord. 52- 09, 10-19-2009) 16-5-19-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the HI district: Agricultural supply sales. Animal hospital or clinic. Auto part sales. Automated gas station. Bakery (wholesale/commercial). Bank, savings and loan, or credit union. Bar or tavern. Business services. Car wash, full service. Car wash, self-service. Cold storage or locker plant. Construction supply sales and service. Contractor shop or yard. Convenience store. Crematorium, reduction plant, foundry, forge or smelter. Dental or medical lab. Drive -up automated bank teller. Farm implement sales, service or repair. Freight transfer facility. Fuel or ice dealer. Furniture upholstery or repair. General office. Grain or barge terminal. Indoor recreation facility. Indoor restaurant. Junkyard or salvage yard. Kennel. Laboratory for research or engineering. Licensed childcare center. Lumberyard or building material sales. Mail order house. Manufacturing, primary. Manufacturing, secondary. Miniwarehousing. Mobile home sales. Moving or storage facility. Off street parking lot. Packaging, processing, or storing meat, dairy or food products. Parking structure. Passenger transfer facility. Pet daycare or grooming. Printing or publishing. Railroad or public or quasi -public utility, including substation. Registered child development home. Resource recovery/recycling center (indoor only). Restaurant, drive-in or carryout. Sanitary landfill. Service station. Sewage treatment plant. Slaughterhouse or stockyard. Tool, die, or pattern making. Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service and repair. Vending or game machine sales or service. Warehousing, packaging, distribution or storage facility. Welding services. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 63-10, 12-20-2010; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-19-2: CONDITIONAL USES: The following conditional uses may be permitted in the HI district, subject to the provisions of section16-8-5 of this title: Licensed adult day services. Residential use. Retail sales and service. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-19-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Drive -up automated bank teller. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-19-4: TEMPORARY USES: The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-19-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-19-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-19-7: BULK REGULATIONS: Minimum Maximum Setbacks Front Minimum Minimum HI Heavy Minimum Lot Lot Maximum Industrial Lot Area Frontage g Coverage Height Minimum Maximum (Lot Area) Sidet Rear2 20,000 Vehicle sales - - - 150 ft. sq. ft. All other uses - - - 150 ft. Notes: 1. When abutting a residential or office residential district, a 20 foot side setback is required. 2. When abutting a residential or office residential district, a 20 foot rear setback is required. (Ord. 52-09, 10-19-2009) 16-5-21: AG AGRICULTURE: The AG district is intended to conserve farmland for agricultural purposes and to serve as a "holding" zone to prevent the premature development of large land acreages and of recently annexed land for which the most appropriate future use has not yet been determined. (Ord. 52-09, 10-19-2009) 16-5-21-1: PROHIBITED USES: The following uses are prohibited in the AG district: Feedlot. Livestock confinement operation. (Ord. 52-09, 10-19-2009) 16-5-21-2: PRINCIPAL PERMITTED USES: The following uses are permitted in the AG district: Farming and agriculture, including the raising of field crops and livestock, horticulture, forestry, animal husbandry, and similar farming activities. Noncommercial nursery. Railroad or public or quasi -public utility, including substation. (Ord. 52-09, 10-19-2009) 16-5-21-3: CONDITIONAL USES: The following conditional uses may be permitted in the AG district subject to the provisions of section16-8-5 of this title: Kennel. Quarry. Retail sale of agricultural products. Wind energy conversion systems. Winery. (Ord. 35-15, 5-18-2015) 16-5-21-4: ACCESSORY USES: The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title: Barbed wire or electric fences when used for livestock containment. Barn, shed or similar structure. Seasonal sale of produce grown on site. Single-family detached dwelling, provided it is located on a lot of ten (10) acres or more and is incidental and subordinate to an active agricultural use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-21-5: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-21-6: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-21-7: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-21-8: BULK REGULATIONS: Reserved for future use. (Ord. 52-09, 10-19-2009) Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 1 Th St Telephone: 589-4121 ORDINANCE NO. 3-24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT AIRBORNE ROAD (PIN 1506200016) FROM AG AGRICULTURE TO HI HEAVY INDUSTRIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter -described property from AG Agriculture to HI Heavy Industrial, to wit: PIN 1506200016 as shown on Exhibit A, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of February 2024. rad M. Cav g , Mayor Attest: , W"' � ,, - �' & �'/ &,- Adrienne Breitfelder, City Clerk Exhibit A ® Subject Property - PIN 1506200016 .o 90i1 909 C�0 0 90a 0 0 ., 0 o Q N Feet 0 125 250 500 .: o o buque Cou ty G 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: 02/09/2024 and for which the charge is 34.78 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 9th day of February, 2024 Notary P in and for Dubuque County, Iowa. (owa JANET K. PAPE Commission Number 199659 My Commission Expires 12/11 /2025 a1IAjaesa4 �) 'Pu-i on( aa4 ord 3 -a4 CbriasinAdocurher4- .Ie4 Lot Ortla;#14) Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 19th day of February, 2024, 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 Dusty Rogers to rezone property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial. 2. Request from Kenneth Miller, Dubuque Metropolitan Area Solid Waste Agency to rezone property located at Airborne Road (PIN 1506200016) from AG Agriculture to HI Heavy Industrial. 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• /cityofdubbuque.novusag i i .comJ!.; endaPublic' or by contacting the City C?,erk's Office at 563- ,89-400, 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 Clerk's 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, 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, CMC City Clerk It 2/9 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: 02/23/2024 and for which the charge is 19.87 ubscribed to before me,la Notary Publi in glnd for Dubuque County, Iowa, this 23rd day of February, 2024 Notary P4blic in and for Dubuqu County, Iowa. 9,1AL 8 JANET K. PAPE AY-7 Commission Number 199659 My Commission Expires 12/11/2025 low Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 3-24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT AIRBORNE ROAD (PIN 1506200016) FROM AG AGRICULTURE TO HI HEAVY INDUSTRIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter -described property from AG Agriculture to HI Heavy Industrial, to wit: PIN 1506200016 as shown on Exhibit A, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of February 2024. /sBrad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of February, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk 1t 2/23