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Plan Commission recommends rezoning at 1911 Janesville Avenue amid resident easement concerns
Summary
The commission recommended a zoning map amendment at 1911 Janesville Avenue from Rural Holding 35 to Multifamily Residential 30 for a Pelton Builders project; residents warned a proposed easement change could landlock adjacent farmland and said they had not received adequate notice.
The Fort Atkinson Plan Commission voted to recommend that City Council approve a zoning map amendment at 1911 Janesville Avenue to allow future multifamily development. Director Drager described a concept plan from Pelton Builders that staff said meets zoning criteria and aligns with the city's comprehensive plan.
Director Drager said the proposal is a two-phase project: phase one would include four 16-unit, two-story apartment buildings with attached garages; phase two would add three identical buildings. He told commissioners that, in concept and early-review, the conditional-use permit requirements for multiple principal buildings appear to be met and that utilities are available to serve the project. "This is a proposal from Pelton Builders, requesting a zoning map amendment, to switch the zoning for the parcel," Drager said.
During the public hearing, resident Jane Mays objected to proposed changes to a 66-foot easement across the parcel, saying it could "landlock" adjacent agricultural land and that a lawyer had already sent a letter which she said received no response. Her verbatim comment: "My concern is that I have a 66 foot easement through this piece of property that will landlock my other property, my ag land on the other side." Another resident, Nancy Amacher, said she and her family farm did not receive notice and stressed that farm equipment needs sufficient access width; Kim Cheney, chairperson of the Town of Kashkadon, said the town will support affected residents.
Staff told the commission that any change to an easement would need approval by the easement owners as part of the certified survey map (CSM) process and that if an easement cannot be resolved to property owners' satisfaction, the project would not move forward. Commissioners noted that zoning is an ordinance and will undergo three city-council readings; the conditional-use permit and CSM processes are separate steps where easement and site-plan details will be decided. Following discussion, the commission voted to recommend the zoning map amendment to the City Council.
The plan commission stressed that the recommendation does not obligate council to approve zoning and that property owners retain rights; staff said further site-plan review and CSM approval would be required before construction could proceed.
