DCPCUP-2017-02405 - Laserfiche WebLink

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Dane County Zoning Ce land Regulation C'mnminee January 18, 2018 Page 5 Plnes Bach LLP Furthermore, there is no evidence the applicant considered alternative locations, the applicuntdocs not explain how existing agricultural land within the parcel will he used or the pace at which itwill (w reclaimed, or whether there will he conflicts with scattered nomfm r uses In the area. Combined with the existing 52 -acre nonmetallic mine and concrete batch plans the CUP would leave Cottage Grove with an 87 acre industrial sire in a [oral setting currently characterized by Farms and residences. The applicant here has not demonstrated compliance with Danc Co. Ord. § 10.123(5) and the application should be rejected. C Town orGaragr Grove OunprellmnNM Hon Uader'1'owaof Cottage Greve Ordinance § 15 20.1.2, "la)ny, program of action of the Town Board that affects land use shall be consistent with the comprehensive plan." Although state law does not require a town to make CUP decisions consistent with its comprehensive plan, Cartage Grove has elected to do so through § 15.20.1.2. See also 'Town of Cottage Grove Comprehensive Plan, Ch, 3, Fig. I (listing the coniprchensivc plan as a cincument used to review CUP requests). the Plan mfrs that mineral extraction is currently rate in the Town, takingup only 121 arms. (Id., Conditions and lours at 25.) Economic Development Policy H8(b) of the Town of Courage Grove Comprehensive Plan, which pertains in non- metallic mining provides that the Town "will consider all relevant plan policies" and "apply the requirements ofthe'fown Non - Metallic Mining Regulations (Chapter 17 of the Town Code of Ordinances) ... when considering applications for conditional use permit." Furthermore, it states, new extraction uses will not be allowed if they would substantially impair or diminish the value and enjoyment of other property In the area, impede the normal and orderly development and improvement of the surrounding property for rases permitted in vicinity, present a safety hazard, or impair significant or critical wildlife behind. Neither the Town Plan Commission norToven Board even considered the Comprehensive flan to determine whether the proposed CUP would be consistent with it, and the evidence cited show shows it is not. The Dane County Zoning Staff Report inconcrily slates the CUP will be consumnt with the Town plan, without considering the provisions identified above. The proposed CUP worth onto adicl the Town's Comprehensive flan on its face, yet the prantwas never eveu addressed by decision- makers. The application mmtbe denied.