Planning commission recommends terminating/amending 2008 development agreement with MS Industrial Properties

The Linden City Planning Commission on July 14 voted to recommend that city council approve Ordinance 2026-13-O to amend and terminate the 2008 development agreement between Linden City and MS Industrial Properties LLC.

Planning staff presented the item, explaining that the 2008 agreement had been tied to a master-plan road alignment through the applicant's 10.3-acre site. Staff said the relevant section of 1200 West was removed from the master plan earlier this year, and because the road segment will not be extended south as originally planned, the city and applicant are proposing to terminate the old agreement and amend escrow and dedication terms.

Staff told commissioners the constructed section currently functions as a private drive but contains a 50-foot right-of-way and that utilities for storm sewer and water/sewer are present. Staff also said the city will record easements and a settlement agreement at the council level to resolve the applicant's claim that part of Anderson Lane might have been built on private property.

Commissioners asked about fire access and whether utilities loop or terminate; staff said there is access around the buildings, storm sewer connects into Anderson Lane, and some water/sewer infrastructure serves the site though not all lines loop. After confirming no public speakers appeared during the hearing, Commissioner Karen Danielson moved to recommend approval; the motion was seconded and carried by voice vote. The commission recorded the recommendation for the council's consideration.

The item will be returned to Linden City Council for final action; staff noted the council review will include the settlement exhibit and recorded easements.