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Ashwaubenon CDA approves planning-option extension for Merge LLC parcels

Ashwaubenon Community Development Authority · March 3, 2026
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Summary

The Community Development Authority approved a third two-year planning-option extension for Merge LLC covering parcels VA-55-C and VA-55-D, accepting a $10,000 payment and requiring performance milestones from the development agreement to secure staging for building two.

The Ashwaubenon Community Development Authority voted on March 3, 2026, to approve a third planning-option extension for Merge LLC covering CDA-owned parcels VA-55-C and VA-55-D to allow staging and continued planning related to a proposed five-story mixed-use building.

Aaron, a CDA staff member, presented the proposal and described the site and project history, saying, “Merge is committed to this project and getting this project done.” He told the board the CDA would receive a $10,000 planning-option payment to compensate for the opportunity cost of holding the parcels for roughly two years.

Brent, a Merge LLC representative on the line, said construction for building two is imminent and that the developer expects to mobilize and begin foundation work within about 60 days. “April is kind of the backend of when we would start,” he said, adding the contractor needs roughly 60 days for foundation work.

Board members pressed for conditions to protect the CDA’s ability to regain control of the property if Merge fails to meet milestones. Board member Chris Atkinson said, “As long as it's performance based, I guess I'm fine with it,” and staff agreed to add the same performance milestones that already appear in the development agreement — including start-of-construction and foundation milestones and a requirement to complete the building envelope in order to retain grandfathered building-code allowances (the board referenced a target of June 2027 for the building envelope milestone).

Several members said they prioritized advancing the project over negotiating a larger fee. Board member Gary Paul said, “I'm more interested in getting a project going than worrying about $5,000,” characterizing the $10,000 fee as reasonable and favoring a performance-based approach to protect the CDA’s interests.

A motion to approve the third planning-option extension with the addition of performance goals from the development agreement was made, seconded, and approved by voice vote; the transcript does not record who made or seconded the motion, nor does it record a roll-call tally. After the vote the board asked Brent to work with CDA staff (Wes or Justin) to submit an updated building-permit application with the necessary information.

The plan approved is limited to a planning-option extension and staging rights; any purchase or separate sale of the parcels would require a distinct sale agreement and development contract. The meeting adjourned following routine closing motions.