November 13, 2006 Gupta Rezoning

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 36 Acres of Land from Agricultural to Residential

Petitioner: Rejesh Gupta, Owner

November 13, 2006

6:30 PM

The property is located at the southeast corner of the intersection o State Highway 23 and Fisher Road. It is immediately north of the existing residential properties on Treptow Lane, in the Town of Lamartine, Fond du Lac County, Wisconsin. More particularly described as being:

Parcel I.D. No. T12-15-16-11-09-001-00 described as the NE � of the SW � of Section 11, Town 15 North, Range 16 East, excepting CSM No. 2912, V. 15, P. 171 and excepting lands lying within the right-of-way of State Highway 23.

Town of Lamartine, Fond du Lac County, Wisconsin.

The Clerk made introductions.

Chairman Jim Reitzner called the meeting to order, noting that the hearing would be informal.

Plan Commission members also present at this meeting were: Chris Newton, Tom Kramer, Dean Birschbach and Glenn Becker.

The Clerk read the letter of intent dated September 26, 2006 from David Jacobs, Jacob Land Surveying, LLC on behalf of Rejesh Gupta. The letter stated that Mr. Gupta was requesting a rezoning of approximately 36 acres of land from Agriculture to Residential to create a residential development consisting of 20 to 27 lots serviced by an interior road system connected to Fisher Road.

The petitioner introduced himself explaining that he was a banker and had purchased this 36 acre parcel of land to create a residential development with affordably priced housing for the area.

The Clerk read a letter of opinion from Fond du Lac County Planner Sam Tobias. In an email dated October 27, 2006, Mr. Tobias stated that he had looked through the 1997 and 2003 future land use plans for the Town of Lamartine and noted that in both plans this land was depicted as agriculture. He further stated that the soil ratings 70-100 were some of the best ag land in the township and it appeared by the septic suitability maps that the west side of this property may not be suitable for septic systems. The 2003 future Ag Transitional land use map did not include this property owned by Mr. Gupta.

No letter of opinion was offered by, Town Building Permit Issuer, Pete Michels.

David Jacobs reported that the soil types are the same soil types as the other Treptow Lane property and there has been no problem with septic system soil testing on that property.

Discussion took place regarding this rezoning request.

Glenn Becker made a motion that the Plan Commission would recommend to the Town Board that this rezoning request be denied. Chris Newton seconded the motion.

Five votes were cast with the following results: Tom Kramer�YES, Jim Reitzner�YES, Glenn Becker�YES, Dean Birschbach�YES and Chris Newton�YES. The Plan Commission voted 5 to 0 to recommend to the town board that this rezoning request to rezone 36 acres of land from Agricultural to Residential be denied.

The following reasons were stated for recommending this rezoning be denied.

From the Town of Lamartine Zoning Ordinance, Dated June 8, 1998, Pages 27 and 28.

70.6 Standards for Rezoning (These Standards for Rezoning are listed in their entirety. The highlighted items are those given by the Plan Commission as reasons for denying this request) #6, #7, #8, and #9.

1. Adequate public facilities to serve the development are present or will be provided.

2. Provision of these facilities will not be unreasonable burden to local government.

3. The land is suitable for development.

4. Development will not cause unreasonable air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas.

5. The potential for conflict with remaining agricultural uses in the area.

6. The need of the proposed development location in an agricultural area.

7. The availability of alternative locations

8. The productivity of the agricultural lands involved.

9. The location of the proposed development to minimize the amount of agricultural land converted

With no further business, Dean Birschbach made a motion to adjourn the meeting, seconded by Tom Kramer. Motion carried.

Respectfully submitted,

Jill Randall, Municipal Clerk