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Request to Rezone 101 Airborne Road by Dubuque Metropolitan Area Solid Waste Agency Copyrighted June 1, 2026 City of Dubuque PUBLIC HEARINGS # 2. City Council ITEM TITLE: Request to Rezone 101 Airborne Road by Dubuque Metropolitan Area Solid Waste Agency SUMMARY: Proof of Publication on notice of public hearing to consider request to property located at 101 Airborne Road from County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential and County C-1 Conservancy to City Hlc Heavy Industrial zoning district with conditions concurrently with annexation to the City of Dubuque 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 Parcels of Land Located Along Airborne Road and U.S. Highway 20 (Pin 1401400005, 1412226001, 1506326003, 1506351004, 1506376002 And 1507101002) from County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential, and County C-1 Conservancy to City HIC Heavy Industrial with Conditions Concurrently with Annexation into the City of Dubuque SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. ZAC Ltr to CC 2. Rezoning Application 3. Vicinity Map 4. Notification Map 5. 2026-2030 DMASWA Strategic Plan Summary 6. Imagery - 101 Airborne Rd REZ 7. Staff report - DMASWA rezoning 8. HI Zoning Regulations 9. Ordinance Page 758 of 1000 Planning Services Department Dubuque City Hall THE CITY OF � 50 West 13t"Street ul•�n� Dubuque,IA 52001-4864 �T T� � � I�'I r , � (563)589-4210 phone U I I I (563)589-4221fax (563)690-6678 TDD Masterpiece on the Mississippi 2017*2019 planning@cityof dubuque.org May 11, 2026 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Kenneth Miller, Dubuque Metropolitan Area Solid Waste Agency Location: 101 Airborne Road, PINs 1401400005, 1412226001, 1506326003, 1506351004, 1506376002 and1507101002 Description: To rezone property from County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential and County C-1 Conservancy to City Hlc Heavy Industrial zoning district with conditions concurrently with annexation to the City of Dubuque. 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 Kenneth Miller, Administrator of the Dubuque Metropolitan Area Solid Waste Agency spoke on behalf of the application. He stated they are seeking to rezone to Heavy Industrial with conditions limiting the uses to landfilling and related uses. He said this is in conjunction with cell expansion. He noted the landfill currently has capacity for 13 years and three months of waste, and that these would be the next areas to develop. He said the landfill infrastructure can be extended here. He said that applying for the rezoning now will simplify the permitting process at the state level for moving the waterway. Carissa Trilk, 14847 Lost Canyon Road, spoke on behalf of herself and her husband who was unable to attend the meeting. She expressed opposition to the rezoning, saying it will affect the waterway and devalue their property. She said they are considering putting land into conservation to have additional protection. Staff detailed the staff report explaining the need DMASWA intends to use this land for future landfill capacity, noting they would have 190 years' worth of storage with this additional land. Staff described the surrounding land uses and zoning districts. Staff said the landfill will require additional approvals from IDNR and the Army Corps of Engineers and listed the uses that are proposed under the conditions requested by DMASWA. The Commission discussed the request and sought clarification regarding when the rezoned land would be used. Mr. Miller explained that the entire rezoning area would not Service People Integrity Responsibility Innovation Teamwork Page 759 of 1000 The Honorable Mayor and City Council Members Page 2 be developed all at one time, but rather in phases. He noted they would likely start development in the next eight (8) to ten (10) years and that filling would not need to occur until the current cells are full which will not be for about 13 years. He stated some activities may begin earlier such as removal of topsoil for coverage. The Commission questions what the potential impacts are on the local water. Mr. Miller explained that DMASWA is consulting with HDR Engineering to prepare their plans and application to the Army Corps of Engineers and lowa Department of Natural Resources (IDNR) regarding the relocation of the existing stream channel. He said there is likely to be mitigation required off site. He said they will construct a new stream channel to handle the capacity of the current one. Will Nicholson, the environmental engineer of record with HDR Engineering for DMASWA, stated they are currently working through the early stages of mitigation for the project. He noted review and permitting will be required by the required by the Army Corps, the lowa Department of Natural Resources (IDNR), and Federal Emergency Management Agency (FEMA). The Commission sought to better understand the landfill liners and Mr. Nicholson provided a detailed explanation of how the liners worked to prevent any leachate from entering the ground, stating it is all collected and transported by sewer pipe to the Water and Resource Recovery Center for treatment. The Zoning Advisory Commission discussed the rezoning and found the request favorable. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request to property located at 101 Airborne Road from County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential and County C-1 Conservancy to City Hlc Heavy Industrial zoning district with conditions concurrently with annexation to the City of Dubuque. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, /%�la , �� i� �� /� �._- Matt Mulligan, Chairpersorl:'� Zoning Advisory Comri�ission Attachments cc: Kenneth Miller, DMASWA Service People Integrity Responsibility Innovation Teamwork Page 760 of 1000 Ti IE CiTY C�F City of Dubuque Planning Services Department DT Tjl � Dubuque, IA 52001-4845 U �� Phone: 563-589-4210 Fax: 563-589-4221 L�'Tll�l�F!'��IE'�£0T7 fj7e'/VT1�SjS�i��j planningClacityofdubuoue.ora ' • • Zonina Advisory Zonina Board of Develo�ment Services Historic Preservation Commission Commission Adiustment �Annexation ❑ Demolition Review ❑Amended PUD X 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:101 Airborne Road, Dubuque, IA 52003 Legal Description/Parcel ID#/Subdivision: �SO(o3Z[.0�3. 1�0(03�-/nDOZ. /Sd�o3�/�D�I. /'101yp_�yl ZZZ baDf� Existing Zoning: AG Proposed Zoning:��Site Area (square feet/acres): �Z 4��9 a�- � /So�/qi�L Historic District: _andmark: ❑Yes � No B. Describe proposal and reason for application(attach a letter of explanation,if necessary): The Solid Waste Agency is requesting to have the remaining acreage owned by the Aqency but not currentiv within the corporate city limits annexed into city limits and the land rezone from Aqricultural to Heavy-Industrial to facilitate the Sanitary Disposal Permit process with the lowa Department of Natural Resources. The Aqencv is seekina to permit the remaininq developable space at the existinp site. C. Applicant/Agent Information Name: Kenneth Miller Phone: 563-589-4354 Address: 925 Kerper Ct. �;ty: Dubuque state: IA Z;p; 52001 Ema;,: kmiller@cityofdubuque.org D. Property Owner(s) Information Name�s>; Dubuque Metropolitan Area Solid Waste Agency Pnone: 563-557-8220 Address: 925 Kerper Ct. �;ty; Dubuque state: �A zip: 52001 Ema;,: 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: _._�;��`� %��'`�� Date: 3�3��2�26 ., P�ope�-ry ow�er�sj:DMASWA - Signing on their behalf �ate: 3/30/2026 . • . . Fee$�Ck# ❑CC ❑Cash Received by p Date 3 3��"z� Page 761 of 1000 �„ ' Dubuque 8 � �► A � � H I L - _� � � ,� L THE CITY OF � r � r� - � . /!`�/I `� �'� T�� Alllmerieajty f �� Jr ; � ; I'I I � � ��' � L� � � — � ,� - � 2007•2012+2013 - _ Masterpiece on the Mississippi 2017+2019 , - ' 8'- qG � t�, . � , ' Vicinity Map , � � ' � < ' ,� � � ,�� C-3c � � � . c� '`'� � Hlc ''�_� -, � R=1 � � ,�- •� R-3c ��, Hle � �� L r y � P . �.- ~, • �Fi�r 1 6��P�. r , � _ - -- �� '� o �_ l PR.� 'Py� -� +[' / ' . a�N vGcc �' ,� � � � _ — ��!'� ASBURY `r=• R /� �� o � • . ` , .. t i /_ �`" = �I�� . � V � • �� PENNSYLVANIAAVE � DODGE ST 1^ i � � - : . . . �� `• ,�il► �� Ill� � J ' �. r '"'� Sw h • r �� - •� : � ( � � '� �', AaTFR/q< S� '�` -s�11t�� ' � � V` - ,� � . �� . •`� _ . 1 �• . � � • �� AG '�i�� . -✓�l!�( �� + �. � �� . � � - . � , �� I�� ' .1�;-'.4� %;.�`f y�. ��f s • �1� -'� � ,'.a - _ �4,':�� y ,,r� � f` .� �� - �:�� • � •.' f � ;� " t��i�� ' _� � � ►f � �1' �. X ��!' . „ � ' �^ , r�r R Applicant: Kenneth Miller, DMASWA . +s �� -- •�" �` : ` � . ' �, = N�� • �t � 20 _ , ,• _:� '��-��` e' � Location: 101 Airborne Road, PINs 1401400005, '•� i ,�� - ./�' , • . `_ , � � ` ,��i�� = 1412226001, 1506326003, 1506351004, � � ` � �"�� y 1506376002 and 1507101002 <.� . � � 1 i -- �- o o.� — ,.�� - ��1 I' f �� • � � • ��'�l � r `/ �/�� :.1r � { �., . . . ,i�' ' �� e � i I" I • ��'� . .��; 'F � E ^ �� ;��Z;f•. , ,� � , � Description: To rezone property from County A-1 f� �' �•. :J� =a -�'1.�u��!.��t� � t1 , �,_ �►t .,�t�, � � . - M�t-��. Agricultural, County R-1 Rural Residential, County .] '/'�-�,7``_ �_ ._-:;r ' � -•• i /�► -,,,'�� , ,y. ,,. . �� ,� ,:A � } _ r � ,, �. , ,r, R-2 Single Family Residential and County C-1 G�p�cn .�f ��!�' w' � �� I r � . • ,�,_ - Conservancy to City HIc Heavy Industrial zoning a �.� . ,,� ��i�.F-'_-��l?:��ri -� — �r� . j�� ' �� district with conditions concurrently with � � � , . ;.� � � annexation to the Gry of Dubuque. �� ,,I =�, � � �-� T� �s�r. .�.- , �••�. �,�'� °p� � " � . . .. Subject Property �� ' " - - � .I -� ' "' .�' '� � . •., !t� , .. • � d,� . � � - , � , • �.;� City Limits . � i �''� ��` � Z , �,. 0 600 1,200 2,400 N � �` - ►�' - - A . f� � � �} . �,� `. Feet � � � �� . 1:15,000 Page 762 of 1000 , . a 1 101 Airborne Road �� . �� ,_�_,� ' - � �� 8 --ar � � � .,,� �-�--- . �' a �C � �' � -- �� , Subject Property . � ,� ' ; �� ' Y C � � '��I, '�-�,., _ � t � :`. ,�� w► . . 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Feet ' -- . - • 0 5�� ,��0 2,��0 � � ,�, � �j' �'��-' rce; Esr„ ths�r Geographics,and the GIS User Community, D`ubu�3 _nty C ° -� � � `u„ � .. :, „=-'�1) - � � .� _ / ' . -„ � • � � DUBUQUE METROPOLITAN AREA SW AGENCY STRATEGIC PLAN SUMMARY �,_ _ :.��_ :..__._- _ --- -� : ...�: - __�,�-�:: - - --� _ -�� .m.- ,�� ,� " , ` -�� .. � � ��_ f''*� — '� ,�,Y. �R,,, , `l��, ..: ,. — � r _�_ _` "`.,,"`'°__�. .``��..� "�-ro-•• <��1. - - __— �w �.5:'C�.Y..� 1��+` )�F�•,1� 'Svw -t—�-.i _. ' _ ''�F��_1.`v��_:.i't:�; . �,�� y �t._ �`��.`"' • �'�-�.-"�__'� _ alF,.,,t J�; _ � _ � Ye: �:� . - _--_ -_ -__ - - - _- - � - -- �MASWA w,.� :, ' �� - � �` f -.:� �" OUBUQUE METROPOLITAN AREA _ _�-F - � — � SOIID 4S'hSTE AGEIJCY � �"�I -- �.es �.^. • . -._ � � - r�' '`�� — ..t- - '�+'�� •.:dCaE�- ,' - - ,�—�1 __._......_ �_�'' � ��'"`y+ �' 'x•�� s.��` "` -"r - .- _ - � �-�,' . . �! - . 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DAVID RESNICK RIC JONES HARLEY POTHOFF Chairperson Vice Board Member Chairperson Page 764 of 1000 � . . � . _� In order to control current and future economic and environmental -� liability, the mission of the Dubuque Metropolitan Area Solid Waste � Agency (DMASWA) is to provide environmentally sound, � . _�. .,- financially stable, fiscally responsible, community recognized, solid '�` ;,,�:, � �`'� , , "`��P�' ' ?.�� +R I waste management services that include appropriate waste % `� � , � ,,� �--- reduction, resource conservation, education, customer service, and `_ , _� disposal activities. - - - --=�� . � � � . , �--_ - • Continue to own and operate a good, environmentally sound T'^�-_ ''' ! � �A��`� ¢...r- landfill. �� _. • Provide a stable funding system based on user fees (i.e., �� tipping fees and various direct charges) and minimizing tax � -_,� subsidies. �' • Maintain reserve funds to cover appropriate items such as closure/post-closure and care, facility development, contingency actions, and land acquisition. • Employ well-qualified staff and/or contractors. .. • Foster a customer service-based orientation toward waste f..- � haulers and other facility users. �� - '�: �+`�' � ' : � �� ^� • Facilitate well-planned, community-driven, sustainable waste .x;�'; ; .�q �" �,��- � �� reduction through meaningful education and resource =r'`� ,I i�,x�. �;�� _ �_r� conservation programs, which would help prolong the '# Agency's landfill life. _�, ' ' �� .::,��-:,:=�a,..�-- .�m...,�... • Study and identify alternative solid waste management - �"- �-�_`� - -�- � �--y. methods, customer needs, and funding approaches, and - . �`"_` _ .� . ,��' provide for the implementation of services to fill identified . - _ �� . '� voids. '� � `-' � ��a� ',' //� _ "� �� w' p4�'+.� . . . .. . .� �-�, r,� ->.."��.'., � �;'!Fe��-�� yAk�� :��Y�., . STRATEGIC PLANNING �� y � - -=� a.� �„�_ . _ �� - ��„�_ ,.. Every 5 years the Agency reviews its current strategic ` �- . �' ,--. .. - . h�� ..�.� planning goals and begins to plan for the next fiscal year. , �..` u ..... �R"'�a This review typically occurs around year 3 of the current � �7 ''' � �"� ,�:az . . � � � plan to provide an assessment of the current goals progress ,�;. � and to plan for upcoming goals. '' � � �i >:. _ ._ The Agency is currently mid-way through the 2022-2026 - , ` � - _ ii fiscal year plan. ., . .-. _� _ . . . . � . � . � . . _ � 'o a o 0 0 ' . • 0 0 0 0 0 o e � . . r 'o°o°o°o°o°o°o°o� . � . www.dmaswa.org Page 765 of 1000 � o 0 0 0 0 0 0 0 • • ., „ ., ., � ., ., .. .. . . • • • � • • 1 ' 1 1 • 1. Improve current entrance area-Scheduled for Spring 2024 2. Construct a Customer Convenience Center for small loads and diversion programs -In design phase. 3. Maintenance Shop Remodel -Roof Replaced in 2022 4. Plan for future Landfill Cell Expansion-Permitting activities in progress. 5. Reestablish compost distribution program-Finished Screened compost available since July 2022. ' � ' � 1 • 1 1 OVERVIEW In preparation for the 2026-2030 Strategic Planning sessions,the DMASWA team met with the consultant to identify their focus areas for this session. The team identified the following operations as priorities to review and get feedback on programs related to these operations. • Landfill • Electronics Recycling • Organics Management • Household Hazardous Materials • Education&Communication • Tire Recycling • RNG Operations • Glass Recycling • Comingled Recycling Drop-Off • Appliance Recycling The stakeholder engagement sessions sought feedback from the general public, haulers, businesses, and board members. Stakeholders were given opportunities to provide feedback in both listening sessions and online. STAKEHOLDER EIVGAGEMEIVT PROCESS The goal of the stakeholder engagement was to present stakeholders with the focus topics determined by DMASWA (Agency) and Foth Infrastructure &Environment(Foth) and allow them to provide feedback and insight on focused objectives for the next five years. The feedback will be used to guide upcoming Strategic Planning sessions. The engagement will focus primarily on the Agency's Operations. Stakeholders were grouped by the following: • Group A o Members of the General Public who are residents within the DMASWA service area o Business generators within the DMASWA service area • Group B o Haulers o DMASWA Board Members �� -� --� � , �� f:• .r. � f�r� '1 ,i� �\ I � �'. s ' '�� — — � �� '�� :I I `� � ��A ��lir!'� �`�� . :As� �,i� — � .,�•� �r� '�t� —� o�,.�.. .,,,, .�.,.� � . " Ur`�o,<w.,,.e9 , � i . r A I� i .� �� O . �Q 1 �� - _ _,n:�;. �. � STAKEHOLDER ENGAGEMENT TIMELINE � ��1 ' _ _ The Group A Stakeholders session was held on �-__ January 11, 2024, from 6:00 - 8:00 p.m. at the Jule Operations � _ and Trainin Center (JOTC) located at 949 Kerper Blvd in � g M Dubuque. Stakeholders were presented with the current 2022- :, . 2026 fiscal year goals and an overview of current operations. �,f��, , ,�5��F�,�,��.r, � After each section was presented, stakeholders were given the ` � 9- `¢" " �'��' . --- opportunity to provide feedback on those operations. � - _�LL I � � Following the session, the presentation slides were shared _ - - i ` online for members of the general public to provide additional �� feedback via email. This feedback time was open until January ��:��=.�;�a,� �1 _ �_-:�_ i � � — � ,� �- 19,2024. - w , During the latter half of January and early February, Group B � Stakeholders were contacted via email and phone. A survey � was developed to allow stakeholders to provide feedback ;�"'" � �' through the survey, or if they desired via email or a phone call. / �� ' � After both Stakeholder groups were provided opportunities for feedback a final session for the board of directors was held on — • February 27, 2024, from 6:00-8:00 p.m. at the JOTC. This public �- _ meeting serves to present the feedback results and recommendations of priorities to the board. f i �- � � , i i � _ � , FY 2026-2030 PRIORITIES � � - � � 1. Update Organics Study �� 2. Staffing Study to evaluate current FTE for all activities �� 3. Expand Outreach on Diversion Programs to Increase Participation 4. Professional Development � The above priorities are taken from the list of recommendations � — _:i -- � �"��-_� <� r under each operation shown on the following pages. --- m �� -_ _�� _ � �' f�� _ .{ � � Page 767 of 1000 Operations Recommendations for FY 2026-2030 ORGANICS MANAGEMENT RECOMMENDATIOIVS FOR 2026-2030 PLAN � Update the 2019 Organics Management Study � Include market feasibility(rates,participation,best management practices) � Include feedstock availability on both carbon and nitrogen sources � Include other local and regional facilities in operation PRIORITIES � Identify reliable and cost-effective carbon sources � Identify commitment to participation throughout agency and region � Identify end-product use LANDFILL OPERATIONS RECOMMENDATIONS FOR 2026-2030 PLAN � Conduct a staffing study to identify needs for planned and potential expanded services � Review hours of operation at facility to best serve industrial/commercial haulers,and the addition of the customer convenience center(3C) � Make continuous improvements to compaction rates including investment in additional operator training � Utilize technology to achieve diversion goals PRIORITIES � Evaluate operation changes to enhance waste compaction rates � Expanded Training Opportunities � Education/Marketing of diversion efforts and disposal options APPLIANCES RECOMMENDATIONS FOR 2026-2030 PLAN � Regular reviews of pricing and costs for the program � Provide mobile events to outlying service area to increase access � Purchase/lease of a branded box truck for collections � Identify needs of program,including hours of operation,with new 3C � Contracted disposal options for out of state residents � Educate/Market programs ELECTRONICS RECOMMENDATIONS FOR 2026-2030 PLAN � Regular reviews of pricing and costs for the program � Provide mobile events to outlying service area to increase access � Purchase/lease of a branded box truck for collections � Identify needs of program,including hours of operation,with new 3C � Contracted disposal options for out of state residents � Educate/Market programs HAZARDOUS HOUSEHOLD MATERIALS RECOMMENDATIOIVS FOR 2026-2030 PLAN � Regular reviews of pricing and costs for the program � Provide mobile events to outlying service area to increase access � Purchase/lease of a branded box truck for collections � Identify needs of program,including hours of operation,with new 3C � Contracted disposal options for out of state residents � Educate/Market programs Page 768 of 1000 TIRES RECOMMENDATIOIVS FOR 2026-2030 PLAN � Continue program as is � Identify opportunities to reduce costs � Increase education � Market the program to increase participation/proper disposal COMINGLED RECYCLING DROP-OFF RECOMMEIVDATIONS FOR 2026-2030 PLAN � Consider a cost share of collection and recycling costs for containers in urban areas to reduce costs to Agency � Work with businesses to establish alternatives to utilizing public recycling drop off containers � Increase education to market the program effectively � Increase boxes in rural areas to increase recycling PRIORITIES � Increase education to the general public about proper recycling and options for recycling � Business recycling options GLASS RECYCLING RECOMMENDATIONS FOR 2026-2030 PLAN � Consider bin placement in more high-traffic locations to increase participation � Increase marketing of program PRIORITIES � Promote hub location for more efficient use � Focused outreach and education for program success RNG OPERATIONS RECOMMENDATIONS FOR 2026-2030 PLAN � Include impacts to RNG production in cost/benefit analysis for material diversion � Integrate waste fill plans for enhanced gas recovery and production � Include/consider RNG in organics study EDUCATION & COMMUNICATION RECOMMENDATIONS FOR 2026-2030 PLAN � Review the capacity of current FTE position � Examine goals and needs of program � Expand Education requirements in future waste hauler agreements PRIORITIES � Previous study showed need for an increase of 1 FTE position for Marketing&Communication � Determine how to establish additional FTE position Page 769 of 1000 DMASWA- 101 Airborne Rd ; , . t _ ��, .. • - � .� �. • � �-�, , � ,, �,. .�.... ,� .� .�, _ ,� _ +� •'��. � : �"' �� :� � T � : �' -4 � • � , � . i � � . 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'a�� .. �f � r° ��...�r1`�a,�l��a.:tv,�.!� Zoning map with teal selection for seven parcels requested to be rezoned, 2024 imagery Page 771 of 1000 REZONING STAFF REPORT Zoning Agenda: May 6, 2026 Property Address: 101 Airborne Road, PINs 1401400005, 1412226001, 1506326003, 1506351004, 1506376002 and1507101002 Property Owner: Dubuque Metropolitan Solid Waste Agency Applicant: Kenneth Miller, Solid Waste Agency Administrator Description: To rezone property from County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential, and County C-1 Conservancy to City Hlc Heavy Industrial zoning district with conditions concurrently with annexation to the City of Dubuque. Proposed Land Use: Landfill Proposed Zoning: Hlc Heavy Industrial with conditions Existing Land Use: Agricultural, Open space Existing Zoning: County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential, and County C-1 Conservancy Adjacent Land Use: Adjacent Zoning: North — Landfill North — Hlc East— Highway East — None South — Agriculture, Open space South — County A-1, R-1, R-2, C-1 West —Agriculture, Open space West—AG Flood Plain: Yes, on/along the creek running through portions of the subject area. The area is undeveloped. Total Area: 126.69 acres Water: An existing water main extends to the north side of the DMASWA property. Sanitary Sewer: Sanitary sewer lines are extended to several parts of the property. Storm Sewer: Several storm sewer drains and outlets are located along Airborne Road. Existing Street Access: Airborne Road is accessed from Seippel Road to the north. Lost Canyon Road accesses the property from the south. Future Street Access: The property may be accessed from an extension of the road within the landfill. Other Services: Police, Fire, and Emergency Response is available. Page 772 of 1000 Rezoning Staff Report — DMASWA Rezoning Request Page 2 Previous Planned District: No. Purpose: The submitted rezoning request is to allow the Dubuque Metropolitan Area Solid Waste Agency to facilitate the Sanitary Disposal Permit process with the lowa Department of Natural Resources in order to permit the remaining developable space at the existing site. Physical Characteristics: The subject property is in Dubuque County just outside the city of Dubuque limits and is in the process of being annexed into the city of Dubuque. It is six parcels totaling 126.69 acres and is owned by the Dubuque Metropolitan Solid Waste Agency. The property is currently a mix of agriculture and open space land uses. : Hlc � . Hlc � , . t , � ,� � i . I .f� � � � �ra-'E� • �'w':�_ -.`�� i , -�� rra.'� . �!J �� 'i� 'I�" �� , �'�'-��.��1 `.� �' �- � �` -; ;: � ` � �� : ',� . .�� , �,! . .w '� ' � ;? �•��. �I f 1 � ��i.•�TI�- r��.``•� �{, f��J � � � � �� 1.jf � �.:. ��, V ��.��ji� • �� :1 • �r, AG � �t��,i'� �*,r�4�„1 7, .,� � - ,,t � ,+• � . � ==. _� .•t� R`' ,I ' , �'` • ' , • �.,,�� , '�� t� ' . •�. � •,` � .. � � =11! 1 � .�' �v! ` � . •� •t r rr � � , ~ t��' w�� ' A��,,;�-.'�J Y� ' � '�'� �.-j� I � �- . +'a�' • � � • iA� +t�.___' ;A� �' a � . ' ,�`.t• ' i �I y �� 'i'r- • i,� .�' � _ � �� •! �'y ' �.t,�`�� h �j�^y �. • • • . _ , � �, +'��[ , \ a `�'T'A11� ��l � �\�� "�� ,`-"`'_` . .r'!'�,�`��f, ,.�s��.1f`+�'�"' ti. � m�r-'� .. .r.. ��' ..�►• �.Y �- .•�.a � ,�`�.�' - 'w . � r �.� SY ' �.w�j�l�l�r"'••. `�'�'�_� 4:.�. �� • . ,,. ' +��`��' ,� ',+:, . , � �. _ ^ i , ;7'+,�r . . � 20 � - - ,1�, Rezone�,fr,om Cou'nty to HIc � � _ � � ! ..n _ .� '� - �� - .vf!` .� �o ., '''' , �r:,t _ � �, � - � . �„�1 �Y H, .�� ..e+- '�t 7''� ��,.t ; � `� . .�- _ v y�I 14 ' .� �+, . � � � `f. �. ., .Y, �� ' �•�, '�,,,<,,�:�� k��:' i . �,;�: �; .��••�G'.� , . � . '1r.,T`�: � - �'�i ��' 1� ��SL_ t �� .I .. . ' , • � �, _ � � -T . � , .� • - � �� -- -�� _ Subject parcels with surrounding City zoning Imagine Dubuque Comprehensive Plan The Imagine Dubuque Comprehensive Plan goals promote solid waste reduction and pollution mitigation, in part to extend the capacity life of the landfill. The City's Future Land Use Map identifies the subject site as Heavy Industrial, the same as the rest of the landfill. The proposed project would relate to the following recommendations of the Comprehensive Plan: Page 773 of 1000 Rezoning Staff Report — DMASWA Rezoning Request Page 3 - Evaluate whether local solid waste can begin to incorporate a compost component, similar to Des Moines, that would provide a source of compost for local gardens & production. - Explore incentives for backyard and curbside composting that reduce the proportion of landfilled food. - Explore a community-wide Zero Waste Policy that creates a closed-circuit economy of low-impact or reduced consumption lifestyle and marketplace for post- consumer products. Future Land Use Map — The property is identified primarily as Industrial on the Future Land Use Map. Portions of it are identified as Single-Family Residential and Public Open Space along the creek. Development Requirements: Streets: The subject property has street access from Lost Canyon Road. The property would be accessed through the interior road within the landfill, and also Airborne Road could be extended from the north side of the landfill. Sidewalks: There are no sidewalks on Airborne Road, so it is unlikely that sidewalks would be required for the subject property. Parkinq: Off-street parking will be provided as per the City of Dubuque Unified Development Code. Lighting: All lighting will be required to meet the Unified Development Code standards. Signaqe: Signage requirements would follow the HI district regulations. Bulk Regulations: The attached HI district regulations contain bulk standards that include requirements for lot area, lot coverage, frontage, building height, and setbacks for front, rear, and side yards. Landscaping/Screening: As the parcel is developed, landscaping and screening will be required to meet the Unified Development Code standards. Impact of Request on: Utilities: • City water is available on the north side of the DMASWA property. • City sanitary sewer is present on several parts of the DMASWA property. • Storm water along Airborne Road is managed by several storm sewer drains. • Natural gas would be provided by a private utility. Page 774 of 1000 Rezoning Staff Report — DMASWA Rezoning Request Page 4 Traffic Patterns/Counts: Airborne Road had a daily traffic count of 101 vehicles in 2020. Seippel Road had a daily traffic count of 4,590 vehicles in 2021. Public Services: City of Dubuque Fire and Police Departments will serve the subject site. Environment: DMASWA manages solid waste in an environmentally friendly manner, with an engineered base which will be combined with a collection system for the leachate (the liquid generated as waste breaks down) to protect and prevent the contamination of the soil and groundwater. To improve air quality, the DMASWA landfill also has a gas collection system to capture methane (a highly potent greenhouse gas) produced as the waste in the landfill breaks down which is converted to Renewable Natural Gas. There are about 13 years' capacity left within the current boundaries of the landfill. Without access to a local solid waste disposal facility, all waste generated in the area would have to be hauled by truck to another location, increasing the waste's greenhouse gas impact. Adjacent Properties: The subject property is on the edge of the Dubuque city limits, so the properties to the east and south are in unincorporated Dubuque County. Those properties are a mix of forest land, farmland, single-family residences, and highway. The property to the west is zoned AG. The property to the north is part of the DMASWA landfill and is also zoned Hlc. CIP Investments: None. Staff Analysis: The applicant, Dubuque Metropolitan Area Solid Waste Agency (DMASWA), proposes to rezone the subject property to HI Heavy Industrial with conditions concurrent with annexing the property into the city limits. The purpose for this is to allow the land to be used as part of the sanitary landfill. This is in DMASWA's plan to expand the capacity of the landfill to accommodate future demand. DMASWA's strategic plan estimates that with this added area, the landfill will have capacity for 190+ years. DMASWA will go through the process of obtaining permits for future landfill cell expansion that would use this land. The land will be converted into a sanitary landfill, which will manage solid waste in an environmentally friendly manner, with an engineered base which will be combined with a collection system for the leachate (the liquid generated as waste breaks down) to protect and prevent the contamination of the soil and groundwater. To improve air quality, the DMASWA landfill also has a gas collection system to capture methane (a highly potent greenhouse gas) produced as the waste in the landfill breaks down which is converter to Renewable Natural Gas. Without access to a local solid waste disposal facility, all waste generated in the area would have to be hauled by truck to another location, increasing the waste's greenhouse gas impact. Page 775 of 1000 Rezoning Staff Report — DMASWA Rezoning Request Page 5 Several additional approvals will have to be obtained before the land can be prepared for use as a landfill. The lowa Department of Natural Resources will review the permit application for use as a landfill. The U.S. Army Corps of Engineers will work with DMASWA in their effort to move the creek in this area. Regulations for landfills require them to be at least 500' from a neighboring property line and 1,000' from any well. DMASWA will be planting trees as screening along the outer boundaries of the landfill cells. The Comprehensive Plan goals promote solid waste reduction, composting, and pollution mitigation. With this land incorporated as part of the landfill, DMASWA estimates there would be capacity for 193 years of continued use here, and without it, there is capacity for 13 years of use. The City's Future Land Use Map identifies the subject site as Heavy Industrial, the same as the rest of the landfill. The subject property is currently in unincorporated Dubuque County with a mix of agricultural, conservancy, and residential zoning. The City of Dubuque is working to annex the property concurrent with this rezoning. The property is comprised of six parcels. The area totals approximately 126.69 acres. DMASWA has frontage along Airborne Road. The site has sloping topography. The property is currently a mix of forest and farmland with several related structures. The subject property is on the edge of the Dubuque city limits, so the properties to the east and south are in unincorporated Dubuque County. Those properties are a mix of forest land, farmland, single-family residences, and highway. The property to the west is zoned AG. The property to the north is part of the DMASWA landfill and is also zoned Hlc. The requested Hlc zoning district is an expansion of an existing zone and would allow for the use of sanitary landfill as well as resource recovery/recycling center(indoor only). The list below shows the permitted uses in the HI zoning district. DMASWA seeks to limit the principal uses to those allowed on the rest of the landfill, which are outlined below. Principal Permitted Uses HI Zoning 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. Page 776 of 1000 Rezoning Staff Report — DMASWA Rezoning Request Page 6 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. Page 777 of 1000 Rezoning Staff Report — DMASWA Rezoning Request Page 7 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. The existing landfill property is currently zoned Hlc Heavy Industrial with conditions. For consistency, DMASWA seeks to adopt the same conditions for the subject property that that are in effect elsewhere. The conditions restricted the permitted and conditionally permitted uses allowed for the property as follows: 1. The principal permitted uses for this Heavy Industrial District shall be limited to the following: a. Automated gas station b. Freight transfer facility c. Resource recovery/recycling center (indoor only) d. Railroad or public or quasi-public utility, including substation e. Sanitary landfill 2. The conditional uses for this Heavy Industrial District shall be limited to the following: a. Wind energy conversion system Staff recommends the Zoning Advisory Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning and make a recommendation to City Council. Pre ared b : �� -t/�Reviewed: f'�� Date: 4/29/26 p Y Page 778 of 1000 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. Page 779 of 1000 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. Page 780 of 1000 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 section 16-8-5 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: Page 781 of 1000 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: HI Heavy Minimum Minimum Maximum Setbacks Maximum Industrial LotArea Lot Lot Front Minimum Minimum Height Frontage Coverage � 2 (Lot Area) Minimum Maximum Side Rear Vehicle sales 20 000 - - - - - - 150 ft cq ft. All other usas - - - - - - - 150 fl 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. ------ - __ . �',�p.- Lot A e� '-'f ,�'°i�.'.� �,;,' �; �y'"t�" �''� , �l lr��ht_._Midpoint � � ' � . � . . PropeP6l' ____ . • � : _.. 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(Ord. 52-09, 10-19-2009) Page 782 of 1000 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Trish Gleason, Assistant City Clerk Address: City Hall, 50 W. 13th St Telephone: 563-589-4120 ORDINANCE NO. 25-26 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCELS OF LAND LOCATED ALONG AIRBORNE ROAD AND U.S. HIGHWAY 20 (PIN 1401400005, 1412226001, 1506326003, 1506351004, 1506376002 AND 1507101002) FROM COUNTY A-1 AGRICULTURAL, COUNTY R-1 RURAL RESIDENTIAL, COUNTY R- 2 SINGLE FAMILY RESIDENTIAL, AND COUNTY C-1 CONSERVANCY TO CITY Hie HEAVY INDUSTRIAL WITH CONDITIONS CONCURRENTLY WITH ANNEXATION INTO THE CITY OF DUBUQUE 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, is hereby amended by reclassifying the hereinafter described property from County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential and County C-1 Conservancy to City HIc Heavy Industrial zoning district with conditions to wit: 1 . LOT 1 OF THE SE '/ OF THE SE 1/4 OF SECTION 1, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 2. THEN 1/2 OF THE NE '/4 OF THE NE '/4 OF SECTION 12, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD. 4. LOT 1 AND LOT 2 OF THE SW '/4 OF THE SW '/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 5. LOT TWO (2) OF THE SE '/4 OF THE SW '/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 6. LOT 2 OF THE SUBDIVISION OF THE E 1/2 OF THE NW '/4 AND THE NW '/ OF THE NW '/4 OF SECTION 7, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 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 1st day of June 2026. By: Brad M. C. vanagh, Mayor ATTEST: Trish Gleason, Assistant City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of the property located at 101 Airborne Road and legally described as: 1 . LOT 1 OF THE SE '/4 OF THE SE '/4 OF SECTION 1 , IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 2. THE N 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 12, IN TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA, ACCORDING TO THE GOVERNMENT SURVEY AND THE RECORDED PLAT OF SAID SUBDIVISION. 3. LOT TWO (2) LANDFILL SOUTH SUBDIVISION IN SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD. 4. LOT 1 AND LOT 2 OF THE SW 1/4 OF THE SW 'A OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 5. LOT TWO (2) OF THE SE 1/4 OF THE SW 1/4 OF SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. 6. LOT 2 OF THE SUBDIVISION OF THE E '/2 OF THE NW '/4 AND THE NW '/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES. This property is the subject of Ordinance No. )3 -26, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1. The permitted uses for this Heavy Industrial District shall be limited to the following: a. Automated gas station b. Freight transfer facility c. Resource recovery/recycling center (indoor only) d. Railroad or public or quasi-public utility, including substation e. Sanitary landfill 2. The conditional uses for this Heavy Industrial District shall be limited to the following: a. Wind energy conversion system B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG — Agriculture district if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval of the adoption of Ordinance No..526. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors and assignees. ACCEPTANCE OF ORDINANCE NO. - 26 I, Harley Pothoff, representing the Dubuque Metropolitan Area Solid Waste Agency, having read the terms and conditions of the foregoing Ordinance No. -26 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 2-' day of ga. r , 2026. By. Harley Potfioff Agency Board Chairperson Dubuque Metropolitan Area Solid Waste Agency On this .-cg day of i 2026 before me, a Notary Public, in and for said state, personally appeared Hafley Pothoff, to me known to be the person named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. )1 ti& vy3Az RAMONA MANTERNACH W rY) Commission Number 884489 My Commission Expires otary Publi in the State of Iowa rows May 7,2028 My Commission expires: -6-'7'as-- 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: 05/27/2026 and for which the charge is 35.04 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 27th day of May, 2026 Notary (PuQ1ic in and for Dubuque Cou4ity, Iowa. PP nc s JANET K. PAPE o 7 Commission Number 199659 My Commission Expires 12/11/2028 {ow". 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 1st day of June 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 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. 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 5/27 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: 06/05/2026 and for which the charge is 41.61 Sdbscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 5th day of June, 2026 Notary ?lie in and for Dubuque County, Iowa. �P,ni s JANET K. PAPE o 7 Commission Number 199659 z rMy Commission Expires 12/11/2028 iaw� Ad text : ORDINANCE NO. 25-26 OFFICIAL NOTICE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCELS OF LAND LOCATED ALONG AIRBORNE ROAD AND U.S. HIGHWAY 20 (PIN 1401400005, 1412226001, 1506326003, 1506351004, 1506376002 AND 1507101002) FROM COUNTY A-1 AGRICULTURAL, COUNTY R-1 RURAL RESIDENTIAL, COUNTY R-2 SINGLE FAMILY RESIDENTIAL, AND COUNTY C-1 CONSERVANCY TO CITY HIc HEAVY INDUSTRIAL WITH CONDITIONS CONCURRENTLY WITH ANNEXATION INTO THE CITY OF DUBUQUE 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, is hereby amended by reclassifying the hereinafter described property from County A-1 Agricultural, County R-1 Rural Residential, County R-2 Single Family Residential and County C-1 Conservancy to City HIc Heavy Industrial zoning district with conditions to wit: 1. Lot 1 of the SE ? of the SE ? of Section 1, In Township 88 North, Range 1 East of the 5th P.M., in Dubuque County, Iowa, according to the Government Survey and the Recorded Plat of said Subdivision. 2. The N ? of the NE ? of the NE ? of Section 12, in Township 88 North, Range 1 East of the 5th P.M., in Dubuque County, Iowa, according to the Government Survey and the Recorded Plat of said Subdivision. 3. Lot Two (2) Landfill South Subdivision in Section 6, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the Recorded Plats thereof, subject to Highway and Easements of Record. 4. Lot 1 and Lot 2 of the SW ? of the SW ? of Section 6, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the Recorded Plats thereof, except that portion taken for highway purposes. 5. Lot Two (2) of the SE ? of the SW ? of Section 6, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the Recorded Plats thereof, except that portion taken for highway purposes. 6. Lot 2 of the Subdivision of the E ? of the NW ? and the NW ? of the NW ? of Section 7, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the Recorded Plats thereof, except that portion taken for highway purposes. 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 1st day of June 2026. /s/Brad M. Cavanagh, Mayor Attest:/s/Trish Gleason, Assistant City Clerk lt 6/5