PLANNING SERVICES MEMORANDUM

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1 PLANNING SERVICES MEMORANDUM July 11, 2016 TO: FROM: SUBJECT: City Council Brian Schweigl, Associate Planner Consideration and action on final Certified Survey Map (CSM) C, BLM Land LLC, 3 lots along Morse Street. Relates to Strategic Plan Strategic Goal - Economy Approval of this final CSM will facilitate the creation of three commercial development sites in the area between the Menards home improvement store and STH 26. Executive Summary BLM Land LLC requests approval of a three-lot survey of land located northeast of the Morse Street roundabout (see Map 1). City Recommendation The City recommends approval of CSM C. Suggested Motion I move to approve final Certified Survey Map C, BLM Land LLC, 3 Lots along Morse Street. Background This survey proposes to divide an existing 3.1-acre lot to create three commercial development sites, each of which is generally an acre in size, in the area between Menards and STH 26. Pursuant to Plan Commission approval of the Oasis redevelopment project in 2006, development of each of the three lots requires the issuance of a separate conditional use permit by the Plan Commission. The Plan Commission recently approved a conditional use permit for the development of a Popeyes Louisiana Kitchen drive-thru restaurant on Lot 3. Development plans have been submitted for a Discount Tire retail store on Lot 1 and that conditional use request will be reviewed by the Plan Commission on July 18 th. There are no specific development plans for Lot 2 at this time. Options Approve Final CSM C by consent. 1

2 Request final CSM C be removed from the Consent Agenda and take separate action to deny or conditionally approve. Analysis A. The proposed lots are zoned B4, Business Highway District. The CSM proposes to create a flag lot configuration for Lot 2. The subdivision ordinance prohibits the creation of lots without public street frontage and without its stem connection to Morse Street; Lot 2 would be left without public street frontage. The subdivision ordinance also prohibits the creation of flag lots unless in the opinion of the Plan Commission, there is no reasonable alternative. The stem of any flag lot must have a minimum width of 30 feet. The proposed width of the stem for Lot 2 is 32 feet at the Morse Street right-of-way but it narrows to 10 feet along the west side of Lot 3. The Plan Commission maintains the authority to vary this requirement if there is sufficient cause to support a reduction. In this case, staff believes that the proposed flag lot configuration for Lot 2 is acceptable. Lot 2 includes nearly an acre of excess land not necessary to facilitate the development projects proposed for Lots 1 and 3. Access to Lot 2 will be provided via the private drive extending northeastward from the Morse Street roundabout. Though not a public right-ofway, the private drive functions in a similar manner, with driveways providing access to each of the adjoining development sites that it serves. Lot 1 of the CSM and the Diamond Center property both have public street frontage, and thus both satisfy that subdivision ordinance provision, but vehicular access to these lots is provided only across other intervening properties. It should also be noted that the Plan Commission will have an opportunity to address specific concerns regarding development of Lot 2 in conjunction with the conditional use review that will be required when development of that lot is proposed. Regarding the stem of Lot 2, the narrower width is proposed because a wider stem would encroach upon Lot 3 and impact development of that site. A note has been added to prohibit the installation of signage other than directional traffic signs within the stem portion of Lot 2. Staff believe that the proposed flag lot configuration and narrower stem width for Lot 2 are reasonable accommodations that should be permitted only because of the specific circumstances affecting this site. At its meeting of June 20, 2016, the Plan Commission voted unanimously by consent to authorize the use of a flag lot configuration and the narrower lot stem width, approve CSM C, and forward it to the City Council with a favorable recommendation. B. The survey delineates both new and existing access easements to provide for shared access among the three new lots and the Menards, Diamond Center, and Arby s properties. Also delineated are utility easements, a high-rise sign easement for the interstate sign currently serving Arby s and Chipotle, and a sidewalk easement along the Morse Street frontage of Lot 3 to allow public sidewalk across a portion of that property. The Wisconsin Department of Transportation requires a temporary limited easement (TLE) at the easternmost edge of Lot 1 in order to complete grading activities associated with the Interstate 39/90 reconstruction project. The TLE is delineated by the survey along with a note to indicate its purpose. C. Sidewalk has previously been installed along the Morse Street frontage of the survey area. Sidewalk is planned along the Milton Avenue frontage of the survey area and therefore the standard sidewalk installation note has been added to the CSM. D. Land division assessments are not required with this land division since it has previously been platted and those assessments have been levied. 2

3 Conclusions Approval of this final CSM will facilitate the creation of three commercial development sites in the area between the Menards home improvement store and STH 26. Restated City Recommendation The City recommends approval of CSM C. cc: Mark Freitag, City Manager Maxwell Gagin, Assistant to the City Manager Paul Q. Woodard, P.E., Director of Public Works Duane Cherek, Manager of Planning Services 3

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