DCPCUP-2014-02300 - Laserfiche WebLink

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Town Action: The town of Cottage Grove plan commission and board voted unanimously in favor of CUP#2300 with one condition. The condition is as follows: "Same Conditions as current CUP 2136, EXCEPT that condition #15 regarding no water leaving the site should be changed to state that no high-capacity wells are allowed on the property, since it is thought that was the original intent of the condition, and it may be unintentionally restricting the practice of using water from the retention pond to water the driveway". DANE COUNTY PLANNING STAFF COMMENTS Overview: This petition is for continuation of an existing mineral extraction operation. This request is for an area covering 45 acres for a period of 10 years. The applicant included a list of 16 conditions as part of the proposal. These were based on conditions from previous permits (CUP 2136 and 2003), and feedback from the town of Cottage Grove. These conditions assist the proposal in meeting the six standards of a Conditional Use Permit. Surrounding Area Characteristics: The surrounding area is a mixture of agricultural and scattered residential uses. The subject property is located at the intersection of US Hwy 12&18 and County Hwy N. Reclamation Plan: A reclamation plan and reclamation permit (permit#51) already exist for this operation. This permit is based upon a reclamation plan that identifies agriculture as it's future land use. Because in the current proposal the applicant states that, "when completed[the site]will be restored as agricultural land unless sold for commercial use", amendment of the reclamation plan may be required at a future date. Town Plan: The Town of Cottage Grove Comprehensive Plan identifies the subject property in the Commercial land use district. The plan states, "this district is intended to accommodate commercial activities that primarily serve people in the immediate area and provide employment opportunities for Town residents". It references a plan exhibit for a list of allowable uses in the commercial district. These include "professional offices, retail, overnight accommodations, gas stations, vehicular service centers and the like". In addition a "Commercial - Limited" designation lists "distribution centers, light industrial (e.g. machine shops), rental businesses, agribusiness, recreation activities, veterinary services, pet care, utility services, equipment repair, bottling plants, fertilizer mixing or blending plants, sale of new/used recreational, motor vehicle, or contractor's machinery and equipment and the like". Compliance with County Ordinances: Mineral extraction operations must meet requirements found in Chapters 10, 14 and 74 of the Dane County Code of Ordinances. The applicant submitted all of the required information as described in 10.191(2). The applicant has submitted an erosion control plan/storm water management plan as required by Chapter 14 of the Dane County Code of Ordinances (DCCO), and a reclamation plan as required by Chapter 74. Chapter 10 provides six standards for granting a CUP in Section 10.255(2)(h), as follows: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or welfare. 2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the conditional use. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 4. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being made. 5. That adequate measures have been or will be being taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and 6. That the conditional use shall conform to all applicable regulations of the district in which it is located.