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Planning commission conditionally approves Fox River Falls Phase 5, narrows trail requirement
Summary
The commission approved the Fox River Falls Phase 5 preliminary plat subject to 33 staff conditions and reworded Condition 4 to require a multipurpose trail on Lannon Road south of Turnberry Lane, with the applicant to provide funds to the village in lieu of building the northern segment now.
The Planning Commission voted to conditionally approve the Fox River Falls Phase 5 preliminary plat, a proposal for about 60 acres and 44 single‑family lots, after editing one staff condition to address a wetland constraint.
Planner Amy Bennett described the proposal as "a preliminary plat ... just under 60 acres" that proposes "44 single family lots ranging in size from just over 12,000 to just over 17,000 square feet," and told the commission the application is recommended for approval subject to 33 conditions and pending county and state review letters.
Bennett said the village adopted a new outdoor recreation plan in March 2025 that shows a multipurpose trail along Lannon Road but that a wetland north of the proposed road may prevent a sidewalk or trail there because the Department of Natural Resources "does not allow a fill permit within that wetland area for sidewalk unless the whole road is being reconstructed." She proposed rewording staff condition number 4 to require a multipurpose trail "as practicable."
Commissioners discussed alternatives, including an elevated boardwalk, and raised administrative concerns about escrowed funds. One commissioner noted communities such as Germantown have escrowed funds for similar future trail segments but cautioned construction‑cost inflation and long administrative timelines can make escrows impractical.
The developer’s representative said the applicant "is fine with putting the sidewalk from the East West Road down to our southern property line" but preferred not to build a northbound path that would stop at the railroad. The representative added they would be open to supplying funds equal to the current value of the northern portion "and then give that money to the village," rather than installing an elevated structure that would terminate at tracks.
A commissioner moved to approve the preliminary plat subject to staff’s 33 conditions and to any Washington County or Wisconsin Department of Transportation requirements, with staff item #4 reworded to require a multipurpose trail on Lannon Road south of Turnberry Lane and for the applicant to supply funds to the village in lieu of installing the northern segment now. The motion was seconded and the commission voted in favor; no opposing votes were recorded on the transcript.
Next steps: the applicant will work with staff to finalize precise wording of Condition 4 and to determine the amount and mechanism for the payment in lieu; county and Wisconsin DOT review letters remain outstanding and the approval is conditioned on those requirements.
