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DCPREZ-0000-07357
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DCPREZ-0000-07357
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Last modified
10/30/2015 2:10:46 PM
Creation date
10/30/2015 2:10:33 PM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07357
Town
Christiana Township
Section Numbers
1
AccelaLink
DCPREZ-0000-07357
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Dane County Zoning and Natural <br /> Resources Committee <br /> November 7, 1998 <br /> Page 7 <br /> Zoning Committee must disregard the Village's written objections. Moreover, <br /> even if the Long Range Plan were applicable, the Plan provides for commercial <br /> zoning for this site. (See Item 1 above; Long Range Plan, at 43.) <br /> Significantly, the Village is not even sure if the proposed rezoning does <br /> conflict with the Long Range Plan. Notably, the Village's only comment is <br /> "(sleems to be in direct conflict . . . ." (Emphasis added.) <br /> The Long Range Plan is authorized to be used as a guide for future <br /> decisions by the Village, but not by other governmental jurisdictions and agencies. <br /> Long Range Plan, at 52; Reynolds v. Waukesha County Park and Planning Corn'n. <br /> As the Village Long Range Plan expressly contemplates, the Village has the <br /> opportunity to implement the goals and proposals set forth in the Plan for <br /> development in unincorporated territory through a separate and different process. <br /> Long Range Plan, at 53. The Village is empowered, via State Statutes to review <br /> land divisions within unincorporated territory up to 1 V2 miles from its corporate <br /> limits. Long Range Plan, at 53. The proper process and forum for applying the <br /> Long Range Plan is the Village's extraterritorial jurisdiction plat review. We have <br /> not reached that point yet. The Village's attempt to intervene and implement its <br /> Long Range Plan in this County zoning process is misplaced. In fact, the only <br /> reason the County notifies neighboring municipalities of a proposed rezoning is to <br /> elicit concerns respecting wellhead protection areas. Sec. 10.255(1)(e), DCO. <br /> Indeed, the Staff Comments recognize that the Village's policies simply are <br /> not relevant to this rezoning process. The Staff Comments include an analysis of <br /> the "relevant town/county policy," but there is no analogous analysis of"village <br /> policy." (See Regional Planning Staff Comments.) This is because village <br /> policies are not relevant here. <br /> B. The Town of Christiana Has Sole And Exclusive Jurisdiction <br /> Over What Public Improvements Are Necessary For The <br /> Proposed Use. <br /> The Village of Cambridge's reason of"there is no infrastructure in that <br /> area" cannot provide the Zoning Committee a basis for its zoning <br /> recommendation. In Rice v. City of Oshkosh, the Wisconsin Supreme Court held <br /> that a municipality (i.e., village or city) did not have authority to impose its own <br />
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