Commissioner Wiley made a motion to recommend approval of this preliminary plat with the conditions listed below:

1.  Add a five-foot utility easement along the fronts of all street frontages including Washington Avenue.  Add a 7.5 utility easement along the rear of Lots 1 through 6.

2.  Add the acreage size to each lot.

3.  With the final plat, submit a copy of the covenants and restrictions.

4. Add the addresses to final plat:

            Lot 1 – 4600 S. Noland Road

            Lot 2 – 4610 S. Noland Road

            Lot 3 – 13900 E. US 40 Highway

            Lot 4 – 13800 E. US 40 Highway

            Lot 5 – 13720 E. US 40 Highway

            Lot 6 – 13710 E. US 40 Highway

            Lot 7 – 13700 E. US 40 Highway

            Lot 8 – 13920 E. US 40 Highway

5.  The Independence Water Department has the following comments for the Noland Fashion Square:

A) The Water Easement along the center of the property needs to be

shown on this plat. (Book I1553 Pages 1-3, Document 1986I698612)

B) The Water Easement along the east side of the property needs to be

shown on this plat. (Book I1356 Page 625, Document 1959I734452)

A second to the motion was made by Commissioner Michell. The City Planning Commission voted as follows:

The motion passed with a recommendation for approval to be forwarded to the City Council for consideration.  Staff concurs with the recommendation of the NOTE: Since the approval of this preliminary plat by the Planning Commission, the applicant’s surveyor provided a revised preliminary plat which resolved all the conditions listed above except condition #3.

The applicant wishes to allow the buildings and parking on the site to more accurately correspond to the current shape and uses of the center.  The main strip center portion of the development will be divided into two lots (Lots 7 and 8) with the other six lots being pads sites along Noland Road and US 40 Highway.  Common tract ‘Tract A’ consists of the internal access drive which will be owned and maintained by the lot owners in accordance with the covenants and restrictions; it will also include a cross parking agreement. This plat includes no property on the west side of Washington Avenue (the former Gordman’s).

Public Improvements/Utilities:  

As this property has been long developed, all utilities and related services are existing and no revisions are planned.

Streets/Right-of-Ways/Access:

No changes are being modified by this plat to the existing access points along Noland Road, US 40 Highway, or Washington Avenue. The internal drive is designated as ‘Tract A’ and be owned by the lot association in conjunction with the covenants and restriction recorded with the final plat submission.

Recommendations and decisions on preliminary plats must be based on consideration of all the following criteria:

1.      Compliance with environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewer disposal, and, where applicable, individual systems of sewage disposal.

This existing development is in compliance with all of these issues. 

2.      Availability of water that meets applicable fire flow requirements and is sufficient for the reasonably foreseeable needs of the subdivision.

Existing water mains encircle and extend through the site providing sufficient flow for fire fighting needs. 

3.      Availability and accessibility of utilities.

All utilities are in place on the site.

4.      Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation facilites and parks.

Not applicable as this is an existing development.

5.      Consistency with the zoning district regulations.

The preliminary plat has met the zoning C-2 zoning requirements.  Any new development or construction will need to meet the UDO development standards and applicable building/fire code requirements.

6.      Conformity with the Major Thoroughfare Plan.

Not applicable as this is an existing development and all streets are in place.

7.      Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision.

Not applicable as this is an existing development and all streets are in place.

8.      Physical land characteristics, such as floodplain, slope, soil, and elevation differentials with abutting properties.

All land characteristic improvements are existing and in place on the site.

9.      Recommendations and comments of the Development Review Committee and/or other reviewing agencies.

None that have not not already been discussed above.

10.  Conformity with the Master Sewer and Water Utility Plan.

Not applicable as this is an existing development.

11.  Compliance with the development ordinance and all other applicable regulations. 

Provided that the conditions listed above will be addressed, it appears this preliminary plat can meet City Code requirements.

Draft Planning Commission minutes:

"Commissioner Wiley made a motion to approve Case 21-310-02 – Preliminary Plat – Noland Fashion Square – 13920 E. US 40 Highway.  Commissioner Michell seconded the motion to approve with the conditions listed in the Staff Report.  The motion passed with seven affirmative votes."