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Dane County Zoning&Und Regulation Committee January 19, 2018 Page 6 Pines Bach LLP H. The CUP application process has been precariously flawed. The application and approval proms leading m Zr.R's consideration of this CUP has been flawed and pitmilival to neighbors, and the CUP must be denied as a result. Tire Dane County Circuit Con t recently nded that in oredural protections must be strictly followed in CUP decisions, when it over at reed a quarry CUP in Johnson v. Dona Co. &1. of Supervisors a al, Case No. 14.Cy.2917. There, the Town of Albion rushed through a CUP approval without regard for its own ordinances or procedural rules. The court, slier chastising dm Town for a "confusing, disorganized, and potentially incomplete" record, concluded that early procedural defects had "Frustrated [the neighbore'l right to be heard at a meaningful time and in a meatdmgl'ul way in defense of their own property interests" and "therefore, the later stages of the permitting proms... rely upon and am named by a flawed procedure and evidcnoary recatd." (August 30, 2016 Derision and Order at 10.) It found that County smffcompounded these problems by presenting this Commune and the ZLR with incomplete information as it amnsidered the CUP, and "pr cced[ing) in work towards the mtitnate outcome of molding the form ofappmral, rather than ensuring all parties had received due process." (M. at t2.) This CUP pieces; has suffered multiple procedural uregularitics. PIl'9L the applicant initially and repeatedly tried to have the Town approve its CUP without first applying to the County, as required by Dane County Ord. § 10.255(2)(b) and (c). This proccasbegan in March oF2017, when the liown received a "Notice of Land Use Change." It recommenced in the summer and continued over several Plan Commission meetings until October 25, 2017. when the'rown fiuzlly recognized (at the repeated urging of this firm and school by Oanc County Zoning stall that this process may be defective. (Sea Attachment S at I2 -15.) W Catfdl finally applied with the County on November 9, 2017. By this time, public adention was attenuated and the issue had been confused.2 Scoi tire application is incumpic r, omitted requiring information that would have helped explain this operation's impact on neighbors. For example, the County's ordinances regn ire a detailed operational plan with information such as "anticipated noise, c fors, dust, soot, nmolf or pollution" and measures to mitigate those effects; " the County has utu, not reaivM a fall record. Tw Towertw1ineliegmiv only three pa8es and mfle thermal Plan �and TmvnB rdvacslatctaa .. Howeveadw Town Bouts CJie'v imlinwd [he fat mvrdoFrhisprtrmlwg wuufd extend haskro the adieu application rot the arrcmph. 11c raoN avaJable m tM1e COmmincew fardocsnm rim rhisiufowatiun. Aunchmem3 itMuda Mc vdnmcs afrMsco�tingr.