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Plan Commission approves 146‑lot Nicolay Heights PUD and preliminary plat amid neighborhood objections

5509839 · July 29, 2025
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Summary

The Green Bay Plan Commission approved a 146‑lot planned unit development and preliminary plat for Nicolay Heights, a single‑family subdivision with clubhouse and trail connections, despite neighborhood objections about traffic, sewer capacity and rear‑yard transitions.

The Green Bay Plan Commission on July 28 approved a Planned Unit Development and a preliminary plat for Nicolay Heights, a 146‑lot single‑family subdivision with a clubhouse, amenity area and trail connections on approximately 50 acres off Nicolay Drive and Durham Road. The application was submitted by Jason Mraz of Apple Tree on behalf of Tara Nelius LLC.

Staff described the PUD as an R‑1 based development that reduces lot widths from the code minimum of 75 feet to a proposed 50 feet (with most lots shown at 55–65 feet), retains the R‑1 minimum lot area of 7,500 square feet, and reduces the side yard setback from 6 to 5 feet while maintaining a minimum 10‑foot separation between principal structures. The overall density in the PUD is about 2.9 dwelling units per acre; staff noted the proposal includes roughly 6,600 linear feet of new street, nine outlots (one to contain the clubhouse/stormwater pond, two to be dedicated to the City for trail purposes, and the rest to be owned/maintained by a homeowners association), and a minimum of five distinct house designs.

More than a dozen neighbors spoke at the public hearing. Common concerns included traffic and whether Nicolay Drive and nearby intersections can safely absorb additional trips; requests for traffic studies timed during fall term for local college activity; questions about sewer capacity; concern that reduced lot widths would create more rear neighbors and reduce privacy; and worry that smaller or different housing types could depress nearby home values. Several speakers asked whether a conserved green area they call the “Waterfall Conservancy” is protected; city staff said there is no record of a conservancy easement in city land records and that the site’s known floodplain/stormwater areas would remain as open space or trail connections.

The developer addressed several questions: his engineering consultant reported adequate sewer capacity and no endangered‑species conflicts for the parcel; he described the project as an HOA community with maintenance (lawn care, snow removal and covenants) and said market comparisons of recent sales support proposed home valuations. Staff and the developer said the PUD reduced six to seven lots intentionally to create community green space, traffic calming and trail connections.

After extended public comment, the commission voted to approve the PUD (motion by Commissioner Darius Daniels, second by Commissioner Fulwelder) and the preliminary plat with two staff conditions (motion by Commissioner Rudinski, second by Vice Chair Jacob Miller). Conditions include standard checklist items for engineering, and that the PUD will not take effect until the pre‑final subdivision plat CP‑250593 (Nicolay Heights) is approved by the city. The approvals will be forwarded to City Council on Aug. 5.