Planning, Programming & Zoning Commission - Regular Meeting

call this meeting to order for planning program and zoning commission. Uh first up we've got an approval of the June 10th 2025 agenda. I'll entertain a motion. So moved. Second. Do not. All right. All those in favor of approving the agenda signify by saying I. I. I. Any opposed? Motion carries. Next up, uh, take a look at the minutes and then when somebody is comfortable with that, I'll entertain a motion to approve the minutes or hear any changes. So moved. Shelberg. Second. Yanks. That was all right. There's a motion and a second. Uh, all those in favor of approving the minutes. uh signify by saying I I I. Any opposed? Motion carries. Um at this time, we'll entertain uh anyone that would like to speak on a non-aggenda item. We currently do not have anyone in the council chambers. Is there anyone on Zoom? All right. So, uh we'll get into the new business. Uh, first up, we've got a request by VJ Engineering on behalf of Three Stooges LLC for the preliminary plat of Martin Road subdivision, a three lot industrial subdivision in the M2P planned industrial district located at 1330 to 1350 Martin Road. This is Dornoff with staff. The area to propose plat zoned M2P plant industrial district zone of substance being reszoned for May 1 agricultural district by the adoption of zoning ordinance 4690 on May 3rd 2004. Surrounding land uses in their zoning as follows. To the north is commercial zone M2P plan industrial district. To the south is commercial and industrial zone M2B blind industrial district. To the east is east is commercial and industrial zone M2P plan industrial district. into the west is

vacant land in the Katowski green belt zoned M2P plant industrial district um development it was between 1981 in 2023 all industrial property is located 100year flood plane the buildings were all built to meet the um B1 ft above base flood elevation the applicants requesting a prime preliminary plat of Martin Road subdivision a three lot industrial subdivision located at 1330 to 1350 Martin Road. The three lots are 1.137 acres, 1.493 acres and 1.940 acres respectively and currently have one commercial lot or one commercial building on each lot. There are no track showing and no additional infrastructure required for this plat. Total acreage is 4.570 acres. Um the preliminary plan includes legal description, property lines, date, um um north arrow scale, owner, sanitary sewer location, water system location, storm sewer location, adjoining subdivision, existing structure within the plat and size of individual lots. The plat does not show um existing topographical contours. However, there's existing development and no contour ch changes are being proposed. Therefore, staff recommends that the request by VJ Engineering on behalf of Three Stooges LLC for the preliminary PL Martin road subdivision of three lot industrial subdivision and the MTP plan industrial district located 1330 to 1350 Martin Road be approved for the following reasons. The plant would not have a negative impact surround the area. The plant would not have a negative impact on traffic conditions in the area and the plant meets the general intent of the subdivision ordinance.

Thank you. Uh does do any commissioners have questions for staff? No. Go ahead. This is just general questions. Is this something that would have to get sent out to neighboring properties? This is Shrader with staff. No. Um when when we're dealing with like a zoning change that uh involves a notice to property owners or a site plan amendment involves a notice to property owner for plats it does not include a notice. Okay. All right. Any other questions for staff? Uh is there anyone on Zoom that has questions? Is the applicant on Zoom? Nope. Um well, hearing none of that, then I guess we can entertain a motion on the agenda item. Do not I'll move that we adopt the request from staff uh that the request from V VJ Engineering on behalf of Three Studios LLC for the preliminary plan on Martin Road subdivision of three lot industrial subdivision in the M2P planned um industrial district located at 1330 to 1350 Martin Road be approved for the following reasons. The plat should not have a negative impact on the surrounding area. The PL should not have a negative impact on traffic conditions in the area. And the plat meet the the general intent of the of the subdivision ordinance. Second Sch. There is a motion and a second. Any discussion hearing? None. All those in favor of the motion signify by saying I. I. I. Any opposed? Motion carries. Uh, next up, we've got a

request by the city of Waterlue to vacate public rightway and utility easement located on lots 19, 20, and 22 of midport America Park plat number three in the M2P planned industrial district located east of 2535 Midport Boulevard. This is Gman with staff. Uh so as stated this is a request by the city of Waterlue to vacate public rightway and utility easement located on lot 1920 and 22 of Midport America Park plat number three in the M2P planned industrial district located west of 2535 Midport Boulevard. The request to vacate the public right ofway and utility easement would not appear to have a negative impact on the surrounding area. The ride ofway and utility easement vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. The site is served by West Airline Highway, which is cons classified as a minor arterial and Midport Boulevard is located just to the west and is classified as a local street. There are no sidewalks in the area. Uh, the area in question has been zoned M2P planned industrial district since it was reszoned from A1 agricultural district in March 13th, 1995. To the north is vacant land zoned M2P, planned industrial district. To the south is existing industrial development zoned M1, light industrial district. To the east is existing industrial developments zoned M2 heavy industrial district. And to the west is existing industrial development zone M2P planned industrial district. Uh the area mostly comprise is comprised of industrial and agricultural uses with the industrial buildings in the vicinity being built between the early 1960s and the late uh 2010s. Uh the property is located within the flood zone AE uh 100year flood plane as indicated by the Federal Insurance

Administration's flood insurance rate map. There is a 12T sanitary sewer that runs parallel to West Airline Highway. At the south of the site, there is a 12inch water man that uh is in the northwest corner of the property as well as a 12-in water man that runs parallel to West Airline Highway. There is a 30in storm sewer line that runs along Midport Boulevard. Uh there are Mid American Energy, Gas, and Electric lines running through the easement in lot 20. Uh the vacate area will be adjusted to keep an easement for these lines. Uh the city is requesting to vacate an unused rideway and utility easement that is in lot 1920 and 22 of the Midport America plat number three. The ride ofway was dedicated when Midport Boulevard was being planned but the road was built along a different path. So the city does not need this right ofway. The utility easements are not needed for the area that will be vacated. Uh lot 20 is 12.33 acres in size. The right ofway that is being proposed to be vacated takes up a sizable portion of the southwest corner of the lot. In the technical review committee meeting, there was discussion about utilities in the area. It was brought up that while the city does not have utilities running through the easement, Mid-Americ Energy might have a gas line that was running through that easement. Uh when they were contacted, Mid America Energy did inform us that they have both a gas and electric line passing through the utility easement. the city is looking at vacating. Because of th this the area that will be vacated will have to be adjusted. Therefore, staff recommends that request by the city of Waterlue to vacate public rideway and utility easement located on lot 19, lot 20 and lot 22 of Midport

America, plat number three, and the M2P planned industrial district located east of 2535 Midport Boulevard be approved for the following reasons. One, the request would not appear to have a negative impact on traffic conditions in the area. Two, the right of way is no longer required to build a road subject to the following condition. That the vacated area be adjusted uh to exclude the area required by Mid American Energy for their existing gas and electric lines. This is Shrader with staff. We're also looking working with Mid America and looking at the potential option of relocating theirs in which case we would be able to vacate everything. Um, but if that's not going to work out to relocate, then we would just vacate as much as we can and keep an easement over what they need. All right. Uh, any questions for staff? Um, this is Duna. My question for staff is have all the questions now about the, uh, water manes, gas lines, and those kinds of things. Um, and the question that uh, Castle asked, I'm reading from the packet here on page nine. It says Castle asked if loss 18 and 19, have that easement vacated? And then there's a whole paragraph of his question, what he wanted to discuss, have those things been resolved so we can not have to worry about those things. Um, and the rest of the information goes onto the top of page 10. This is straighter stab. Yes, we're um looking to vacate everything that was originally platted as right away and then subsequently um had an easement retained over it that's um that it's not needed for utility purposes. So, we're still working with Mid America on the gas and electric to see if it can be reloc relocated or not, and if not, how

much easement they'll need to to keep there, but so before this item is submitted to city council, we'll have to have an exact legal description of what's being vacated and what's being retained. So, it won't it won't be an it won't be a problem for us to take whatever action we're going to take. No. Okay. Not with the the wording as proposed subject to the area being adjusted to keep the easement as needed for Mid America. Okay. Thank you. Any other questions? All right. The city is the applicant. So, uh I guess we could entertain a motion on this item. This is Schelberg. I'll make a motion that we approve the request by the city of Wateroo to vacate public rideway and utility easements located on light 19 20 and 22 of Midport America Park plat number three in the M2 Plan district located east of 2535 Midport with the following condition that the vacated area be adjusted to exclude the area required by Mid-American Energy for their existing gas and electric lines. Do not second. There's a motion and a second. Uh any questions, comments? Hearing none. All those in favor of approving the motion signify by saying I. I. I. I. Any opposed? Motion carries. Next up, we've got a request by the city of Waterlue to vacate a 20ft drainage easement on lots four and five of Warp Second Edition in M2P Planned Industrial District located at and adjacent to 4050 Lever Road. This is Tamala with staff. The applicant is requesting to vacate a drainage ement that is no longer needed. The request to vacate a drainage ement would not appear to have a negative impact on the surrounding neighborhood or land use. The request to vacate a drainage ement would not appear to have a negative impact on vehicular or pedestrian

traffic movements in the area. There are no sidewalks or trails along the lots in question. The area of the proposed vacated is zoned M2P planned industrial district and has and has been zoned as such since it was reszoned from A1 agricultural district on September 20th 2010. Surrounding land uses and their zoning designations are as follows. Northeast, south, and west zone M2P plan industrial district with the Waterl Regional Airport, a warehouse and vacant lots in the immediate vicinity. Vacation of the easement could have a negative effect on drainage, but the future de but the but the future developer would be required to dedicate an easement as a replacement to the current drainage easement vacation. No portion of the vacant area is located within a floodway or flood plane. According to the 2024 FEMA flood plane maps, there is a 10-ft wide utility easement to the south of the lots in question and a 60 foot wide sanitary sewer drainage and utility easement to the west of the lots in question along Levery Road. There is also the 20 foot wide drainage ement on the lots in question which is currently being requested to be vacated. The future land use map designates this areas industrial. The request is in conformance. Your request to vacate the 20ft drainage easement except for the west 60 ft on lots four and five of warp second edition located at and adjacent to 4050 Levery Road. Vacating this easement would aid in future development of the above mentioned lots. However, a drainage ement would be required to be dedicated at the time of development. If and when there is development or expansion, the site plan would be required to show a dedicated drainage easement. Therefore, the staff recommends that the request by the city of Waterlue to vacate a 20ft drainage easement on lots four and five of warp second edition in the M2P plan industrial district located at and

adjacent to 4050 levery road be approved for the following reasons. The request would not appear to have a negative impact on surrounding area. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. The request would be in conformance with the future land use map subject to the following conditions. A drainage easement being required to be dedicated at the time of development and shown in the site plan. Thank you. Any questions for staff? Yeah, this is do I'm sorry. Yes, this is do not about um the easements and that's not an issue in this in this request either, is it? No, this is trader staff. No. So they are they are gearing up to do a building expansion. Uh and they will um once they finalize their plans, they will dedicate an easement um farther away from the building. So that'll make room for the building addition uh and the drainage will all work just fine. Thank you. Any other questions? That was my question as well as like where the property line was, but they own all that property. um the city will be conveying it to them. All right. Um does anyone want to make a motion? This is Poe. I'll motion that we move forward with the staff recommendation to approve the request by the city to vacate the 20 foot drainage easement on lots four and five of Warp Second Edition and the M2P planned industrial district located at and adjacent to 4050 Levery Road. uh be approved subject that the drainage easement being required to be dedicated at the time of development and shown in the site plan. Second. Do not. Thank you. We've got a motion and a second. Any discussion? Hearing none. All those in favor of approving the motion signify by saying

I. I. I. Any opposed? Motion carries. Um are there any other discussion items today? Nope. Um, I guess I'll entertain a motion to adjurnn. So moved. Shber. Second. Do not. All those in favor of adjournment signify by saying I. I. Motion carries.