Dubuque council approves reduced rezoning for landfill expansion after neighbor opposition

The Dubuque City Council voted 7-0 on May 19 to rezone part of property at 101 Airborne Road from agricultural to heavy industrial with conditions, approving a reduced option that removes a 40-acre parcel that neighbors had objected to.

The narrower rezoning — supported by the Dubuque Metropolitan Area Solid Waste Agency board and recommended by the Zoning Advisory Commission — allows the landfill agency to proceed with state permitting for future cells while preserving the parcel covered by a restrictive covenant that prevented landfill use.

The decision matters because the rezoned footprint establishes where the landfill agency expects to plan future cells over the life of the site and because local property owners raised concerns about notice, environmental impact and proximity to homes and wells.

City staff said the property at issue is roughly 103 acres of hilly terrain that was annexed into the city in 2011 and is adjacent to existing landfill operations. Ken Miller, solid waste agency administrator for the Dubuque Metropolitan Area Solid Waste Agency, told the council the agency selected a contiguous expansion option and that state and federal permits would still be required before any new cells are built.

City planning staff explained notification rules and the practical effect of the council's choice. Under state law and the city's ordinance, the standard notice radius for rezoning is 200 feet; the county uses different requirements and a larger notification radius, which contributed to some residents outside the city's 200-foot boundary saying they did not receive notice. Staff said the city follows the statutory requirement and supplements it by notifying property owners within 200 feet.

Neighbors had organized a petition and submitted written opposition. Staff reported that, as originally proposed, written opposition in the affected 200-foot area amounted to 20.7% (which under city rules would trigger the need for a supermajority vote). The reduced rezoning approved as “option 2” drops the counted opposition to 16.4%, allowing approval by a simple majority.

Council members and agency representatives outlined technical safeguards the agency must follow during permitting: landfill cells must meet minimum separation distances (staff cited a minimum of about 500 feet from a property line and 1,500 feet from private wells), extensive permitting and monitoring regimes apply, and a future forested buffer and litter fence are planned. Staff also said the agency performs semiannual groundwater monitoring and that engineered liners and leachate collection systems are required under state and federal landfill rules.

Neighbor Steve Inglesby, whose property was among those listed on the petition, told council members he opposed the larger rezoning but welcomed the narrowed option: "I'm very happy to hear that they've come up with a different option, that leaves the 40 acres as ag and not developed."

Council members noted the history of landfill regulation, the DMSWA’s long-term planning horizon (staff cited roughly 193 years of potential life for the purple expansion area shown in agency materials, and about 14½ years remaining in existing cells), and the legal limits of zoning: staff said a recorded restrictive covenant (a warranty deed restriction) covering the 40-acre parcel prevents it from being used as landfill regardless of zoning.

Formal actions recorded in the meeting packet and on the council floor included a Zoning Advisory Commission recommendation to approve the rezoning with conditions (vote 3–1), the Solid Waste Agency Board's recommendation to the council to adopt option 2, and the City Council's motions to waive the usual waiting period for readings and to adopt ordinance option 2. The council called the roll and approved both the suspension of readings and final passage by a 7–0 vote (Jones; Resnick; Mayor Brad M. Cavanagh; Roussell; Sprank; Wethal; Farber voting aye).

Council members said the reduced rezoning reflected community input and commission review; staff emphasized that the rezoning is only one step in a larger permitting process that includes state regulatory review of environmental protections. The council added conditions carried forward from the existing landfill zoning to limit some heavy-industrial uses on the rezoned area.

The council meeting record shows staff will proceed with the rezoning as approved; any future changes to the expansion plan or additional site work will require separate permits and approvals. The landfill agency and city staff said they will continue to work with residents and to complete the state and federal permits required before any expansion construction can begin.

Speakers quoted or directly referenced in this article are members of the council, city and agency staff, and local residents as listed below. All quoted text is taken from the city meeting transcript.