Microsoft Corporation asks the Plan Commission to recommend approval of a two-lot certified survey map covering 535.70 acres north of Durand Avenue, divided by Louis Sorenson Road, and to accept the dedication of Louis Sorenson Road right-of-way. A Comprehensive Plan right-of-way reservation, several map-data and certificate items, and the park and open space item remain open. Only the park item is within the Plan Commission's power to waive.

The application complies with the A Comprehensive Plan for Racine County: 2035.

Review authority and procedures

Deadlines. The Plan Commission must act within 60 days of filing under § 74-3.7(a); the Village Board within 90 days under § 74-3.7(b). Failure to act within 90 days constitutes approval under § 74-3.7(c) and § 236.34(1m)(f).

Outstanding items

The staff recommend the items below should as conditions of approval requiring a corrected map.

1. Nations Drive right-of-way reservation. The Comprehensive Plan shows an 80-foot right-of-way for Nations Drive along the north boundary of Lot 1, running west from the existing Nations Drive right-of-way to a point roughly 1,250 feet east of Lot 1's northwest corner. Section 74-2.5(a) requires that where a land division encompasses any part of a street or highway designated in the Comprehensive Plan or on the Official Map, that land be made part of the CSM and either dedicated or reserved. Nothing is shown there on any sheet. The applicant should add the 80-foot corridor, dimensioned and labeled with its length and area as § 74-6.2(i) requires for reserved sites. The 80-foot width is consistent with the collector and arterial standards in § 74-7.4.
2. Mortgagee certificate. Section 236.21(2)(a) and § 236.34(1m)(e) require the mortgagee of record to execute a certificate where the land is mortgaged, and § 236.34(1m)(e) makes executed owners' and mortgagees' certificates a precondition to using a CSM for dedication. Add the block or add a note, supported by the title commitment, that no mortgages of record encumber the land.
3. Village Board approval of the dedication. The Sheet 23 block approves the map but says nothing about the dedication. Staff recommends the block read that the Board approves the map "including the dedication of Louis Sorenson Road for public right-of-way purposes as shown hereon," and that the Board resolution recite acceptance.
4. Vacated Louis Sorenson Road. The caption and surveyor's certificate both include "part of Vacated Louis Sorenson Road," but no vacation instrument is cited anywhere on the 23 sheets while every other instrument carries a document number. Section 236.34(1)(cm) prohibits a CSM from altering areas previously dedicated to the public.

Design standards

Park and open space, § 74-7.11. The map shows a 150-foot reservation along Hoods Creek on Sheets 11 through 13, labeled as being made under § 74-7.11, with a note that a final development agreement will be negotiated at the time of the stormwater management agreement and will detail the easement location for a future trail. Staff supports the reservation concept, as a reservation is Option 2 under § 74-7.11(a)(2). The Plan Commission must select the option and record that selection in the minutes. Section 74-6.2(i) requires the area of any reserved site. The 150-foot strip is dimensioned but carries no square footage or acreage.

Technical corrections

These are drafting errors rather than policy questions, and all of them should be caught before recording.

This CSM complies with the C-4 district regulations.

Staff recommends that the Plan Commission recommend conditional approval of CSM-26-07 to the Village Board, with the conditions below.

1. Show the 80-foot Nations Drive right-of-way along the north line of Lot 1 as designated in the Comprehensive Plan, dimensioned with its length and area, and dedicate or reserve it as the Village directs under § 74-2.5(a).
2. Add the mortgagee's certificate or a title-supported note that no mortgages of record encumber the land.
3. Revise the Village Board block to approve the dedication of Louis Sorenson Road expressly, and have the approving resolution recite acceptance.
4. Cite the instrument vacating Louis Sorenson Road or remove the note.
5. Label the area of the 150-foot Hoods Creek reservation as § 74-6.2(i) requires.
6. Correct the scrivener's errors and the easement numbering errors identified in this report, and delete the § 74-7.3 restriction note from Sheet 4.

This document is a land division only. See the staff report for SP-25-13 for a fiscal analysis of the proposed site plan.