March 10, 2008 Gupta Rezoning

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approximately 36 Acres of Land from Agricultural to Residential

Petitioner: Rejesh Gupta, Owner

March 10, 2008

6:30 PM

The property is located at the southeast corner of the intersection of 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: Roger Grade, Tom Kramer, Dean Birschbach and Glenn Becker. Also present were the petitioner, Rajesh Gupta and David Jacob of Jacob Land Surveying.

The Clerk read the letter of intent dated January 21, 2008 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 serviced by an interior road system connected to Fisher Road. No homes would have direct access along Highway 23 or Fisher Road.

David Jacob spoke on Mr. Gupta�s behalf summarizing the rezoning request.

Chairman Reitzner asked if any letters of opinions were received regarding this rezoning.

The Clerk read a letter of opinion from Fond du Lac County Planner Sam Tobias. In an email dated March 4, 2008, Mr. Tobias stated that the soil ratings on this land were between 70-100, the best agricultural land rating in the Town plan. The land to the immediate south is an existing residential development, and all other land uses in all directions was agricultural. Mr. Tobias recommended against rezoning this land because of the extensive amount of agricultural land use in the area and the high score on the soils for Ag use.

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

Discussion took place regarding this rezoning request. Mr. Gupta reported that the type of homes he wanted to build in this development would be very nice and more reasonably priced (between $175,000 and $200,000) than most other new homes in the area. He assured everyone that this development would be done as the Town of Lamartine wanted it to be done. He felt that this was a good piece of land for development and jobs would be created for the community as local contractors would be used to construct these homes.

Dean Birschbach made a motion that the Plan Commission would recommend to the Town Board that this rezoning request be denied. Tom Kramer seconded the motion.

LET THE RECORD SHOW: Five votes were cast with the following results: Tom Kramer�YES, Jim Reitzner�YES, Glenn Becker�YES, Dean Birschbach�YES and Roger Grade�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) #3, #5, #6, #7, and #8.

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, Tom Kramer made a motion to adjourn the meeting, seconded by Roger Grade. Motion carried. Meeting adjourned at 6:55 Pm.

Original documents regarding this rezoning are on file in the clerk�s office.

Respectfully submitted,

Jill Randall, Municipal Clerk