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Neighbors oppose full Garden Prairie connection as commission approves Hawks Landing contingent on legal fix

Waukesha City Planning Commission · December 18, 2024
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Summary

After hours of public comment from Garden Prairie residents opposing a full vehicular connection to Jill’s Drive, the commission approved Hawks Landing’s final site plan and certified survey map contingent on resolving a narrow missing‑parcel legal error and securing required access easements before recording or permitting.

The Planning Commission approved final site plan and architectural PUD review for Hawks Landing (six duplex buildings, 12 units) on Dec. 18, but required the developer to resolve a narrow legal gap in prior surveys before the CSM can be recorded and building permits issued.

The project proposes a private drive extension from Garden Prairie Drive to Jill’s Drive, utilities and stormwater detention outside mapped wetlands, and landscape buffering. Staff recommended approval conditioned on city department comments, required landscape bonding, and an access easement to allow the northern portion of Garden Prairie Drive to be extended for emergency and utility access.

Garden Prairie residents delivered sustained public testimony expressing deep concern about converting their dead‑end private road into a through route. Speakers highlighted the community’s demographic profile (a high share of retirees and residents with limited mobility), safety concerns at the blind turn and narrow pavement, increased maintenance costs and liability for their homeowners association, and unanswered questions about construction traffic routing and wetland impacts. Residents urged either an emergency‑only connection (a narrow, locked access only for fire/police) or moving the development’s access to avoid intrusion into the private neighborhood.

The developer’s engineer and surveyor explained there is an existing legal easement allowing emergency‑vehicle access across Garden Prairie but not general through traffic; they said a narrow, 2.37‑foot strip in a prior CSM created a recorded gap that must be corrected in the legal description before the access easement and CSM are finalized. The developer pledged to pursue legal corrections through title and survey remedy processes and to require contractors to use Jill’s Drive for construction access.

Given the unresolved legal title/survey gap, the commission approved the site plan and the CSM subject to the condition that the access easement/missing parcel issue be resolved before recording the CSM or issuing building permits. The commission also required a 125% landscape bond, verified wetland delineation and appropriate screening for transformers and dumpsters. Commissioners stressed the importance of ensuring fire and emergency access while protecting existing residents’ safety and privacy.