Stalled Port bluff development suffers setback

 Four measures intended to move the proposed Prairie’s Edge subdivision on Port Washington’s southeast bluff forward by allowing developer Black Cap Halcyon to sell a portion of the 35-acre property for a senior living facility were turned down Tuesday by the Plan Commission.

It’s the second time in as many weeks that the plan hit a roadblock. The commission initially rejected a revised certified survey map for the senior living lot on July 16 but ultimately decided to postpone a decision. That decision came Tuesday.

Public works Director Rob Vanden Noven, a member of the commission, reiterated his concern that approval would allow Black Cap Halcyon to sell the parcel before grading and installing needed infrastructure, including stormwater management measures, for the entire development.

“Those improvements do need to be made before a building permit could be pulled on any portion of the project,” he said Tuesday.

“Before construction, do you intend to build the stormwater management facilities and improvements for the remaining acreage?” he asked.

Lisa Wood, Black Cap Halcyon’s attorney, said that the intention was to install the grading and infrastructure for the northern portion of the property when seven of the 14 neighboring residential lots were spoken for.

“We are not willing to commit to any specific time frame but there is significant interest (in those lots),” she said.

Wood noted that Black Cap Halcyon is waiting to find out from its engineer if the stormwater management pond needs to be expanded for the senior living facility and, if it does, would do that work.

Building the infrastructure and doing the grading before construction of the facility “was never the intention nor was it the requirement,” she said.

Wood told the commission, “We think we have done everything that is required by city ordinance. We’re in compliance with all the requirements.”

The commission unanimously denied a request to approve a certified survey map that would have created a new land description for the two-acre parcel that would be used for the assisted living and memory care facility. 

Vanden Noven made the motion, saying that approval of the CSM would be contrary to requirements for stormwater facilities and improvements, the stormwater management plan, maintenance agreement for stormwater management practices and the master grading plan contained in the city codes, the master development agreement and land purchase agreement between the city and Black Cap Halcyon and state statutes.

Since that description was pivotal in the other three measures the commission was to approve, members voted unanimously to turn those down as well.  

They would have recommended a rezoning for the parcel to accommodate the senior living facility and then included the revised parcel in an amended conditional use permit and a revised preliminary plat.

Although commission members initially seemed reluctant to take action on the these measures, Wood asked that they do “so we have a vote for the record for appeals and the court process.”

After the meeting, Wood would not comment on what the company’s options are or what action it may take.

Tony Polston, principal with Black Cap Halcyon, declined comment on what the city’s actions mean for the future of the development.

Prairie’s Edge would be the city’s largest subdivision, adding almost $60 million to the city’s tax base with 34 single-family houses, 16 pocket neighborhood single-family homes, 20 townhouses and 156 apartments, as well as 40,000 square feet of commercial space.

The senior living facility would replace eight townhouses and a commercial building initially planned for the site.