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AXLEY BRYNELSON Attorneys Since 1885 October 21, 1988 Page 3 Commercial users cannot be forced to locate on less desirable property. The subject property has unique characteristics which make it ideally suited for commercial development. These unique characteristics mentioned above are not available with respect to the other 802 acres zoned commercial . We recognize the argument of some that the 802 acres should, therefore, be rezoned for some other use. Neither the County, the Town, nor the State have been able to find a vehicle or method by which such lands may be down zoned. We agree with all concerned that said lands should probably be down zoned, but until a method is found to achieve such rezoning, the existence of such other lands should not stand in the way of the rezoning of the lands which in fact have all the characteristics necessary for commercial zoning, including the present demand therefor. It has also been said that there are 116 acres of commercially zoned lands within urban or limited service areas in the Town of Burke included in the 802 acres mentioned above. This amounts to less than 1% of the total lands in the Town of Burke and, again, it is clear that such lands do not have the market characteristics of the subject property. From a further planning point of view, it should be noted that development of the subject property will provide a cohesive development with the adjoining lands. That is to say, a continuation of the commercial development already taking place north and south of the subject property allows us to conclude that good planning should require the continuation of such development into the subject property. It is clear that the subject property will not be economically usable as it is presently zoned, since a large amount of the topsoil was removed during the construction of the Interstate, giving this land a negative factor for agricultural purposes. As you are all aware, close to 900 acres of land in the Town of Burke were recently annexed to the City of Madison. Some of this land has been rezoned, and all of the land was placed in the urban service area, allowing for its efficient development. The reasons for allowing said lands to be in the urban service area and to be rezoned are equally applicable to the subject property. Attached hereto is an analysis of the American Family lands and the subject property. In our view, it would be extremely inconsistent to allow the development of the American Family property and reject the rezoning of the subject property.