1. St. Croix County Board of Adjustment
Conditional Use Staff Report
CUP
Hearing Date: October 26, 2017

2. Site Information Applicants: Timothy and Judith Dove
Agent: Zachary Fagan
Site Address: 484 County Road VV, Somerset WI 54025
Parcel ID #: E, A
Computer #: ,
Site Location: Section 5, T30N, R19W, Town of Somerset
Zoning District: Commercial
Request: Amend the existing Conditional Use Permit to add a 23,685 square foot commercial building with a 15,190 square foot future expansion. The project will also include the construction of associated parking, loading dock, septic area, containment tank and related storm water management features.
Exhibits: 1) Staff Report
2) Conditional Use Application
3) Town recommendation
4) Highway Department approval
5) Building plan approval from the State of WI
6) HVAC plan approval from the State of WI

3. Exhibits continued 7) Plumbing plan approval from the State of WI
8) Construction Site Stormwater Runoff Permit from WI DNR
9) Holding tank approval for disposal of floor drain and fire suppression water from the WI DNR
10) State Sanitary Permit for bathroom wastewater.
11) Plans showing floor drain system.
12) Insurance information
13) Hazardous materials certificate of registration
14) Battery disposal certificate

4. Project Request
The applicant, Action Battery is requesting to amend the existing Conditional Use Permit to add a 23,685 square foot commercial building with a 15,190 square foot future expansion. The project will also include the construction of associated parking, loading dock, septic area, containment tank and related storm water management features pursuant to section (9) f. of the St. Croix County Zoning Ordinance.

5. Current operation
Action Battery specializes in direct current (DC) power components. They stock and sell batteries and DC Power systems that supply that store supply power for solar cells, cell phone sites, computer systems, emergency lighting and back up power supplies. They also sell battery chargers.
Batteries are either shipped directly to the customer or to the warehouse, and service staff then go to the customer sites to complete the installations. There are no batteries manufactured onsite and they do not store an inventory of batteries. The batteries in the warehouse are stored there temporarily on racks and are usually at the facility for less than one week.
Most of the batteries are sealed and non-spillable. However they occasionally get wet cell batteries. Wet cell batteries can be a spilling hazard so the current warehouse floor is 4 inch concrete. Spill kits are also kept in the warehouse and there are spill procedures in place. The old or used batteries are sent to Gopher Smelting in Eagan MN. Normal work hours are 7:30 AM to 4:30 PM Monday through Friday. All drivers have completed the necessary training and testing and hold a Class C Hazardous Materials License. Action Battery has been operating since August 19th, 1996 with a Conditional Use/Special Exception Permit and is in compliance with all the permit conditions.

6. Proposed operation
All of the drivers will continue to have the necessary training and testing and hold a Class C Hazardous Materials License. There will be six semi trailers driving to and from the facility each day and there will also be employee traffic from 37 full-time employees.
The proposed building will be 23,685 square feet and has been approved by the Wisconsin Department of Safety and Professional Services (DSPS). The building will be sprinklered and the fire suppression water will come from an 80,000 gallon reservoir underneath the footprint of the building. If this system is ever activated the water will drain into the floor drains and then to the 38,000 gallon holding tank. This tank will then be pumped by Ron’s Sewer Service and hauled to the Metropolitan Council Environmental Services municipal wastewater treatment in St. Paul. The floor drains and holding tank will also contain any spills that occur. (exhibits 5, 9 and 11) The building has an approval by the DSPS for the heating, ventilating and air conditioning system. This approval addresses numerous air flow requirements including the hydrogen levels at the battery charging areas. (exhibit 6) The building has an approved plumbing plan from DSPS that addresses interior water supply and floor drains. (exhibit 7) A sanitary permit has been issued by St. Croix County for the domestic wastewater. (exhibit 10)

7. Proposed operation continued
Action battery is insured for $7,000,000 by Western National Insurance (exhibit 12). Action battery has a Hazardous Materials Certificate of Registration from the U.S. Department of Transportation for 2016 to 2019 (exhibit 13). Batteries will continue to be disposed of at the Gopher Resource Center in Eagan MN (exhibit 14)
A Construction Site Storm Water Runoff permit has been approved by the Wisconsin Department of Natural Resources. (DNR) (exhibit 8). Community Development Conservation and Land Use staff have recommended conditional approval of the Stormwater and Erosion Control plans.

8. Current site plan and surrounding area
Three existing Buildings
Entrance

9. Proposed site plan and surrounding area
Proposed 23,685 square foot building
Area for future building expansion

10. Proposed site plan-close up view
Drainfield for sanitary sewer
Stormwater ponds

11. Onsite pictures
Proposed building site, picture from east side of property
Proposed building site, picture from center of property

12. Agency Review
Town of Somerset: The Somerset Town Board recommended approval at their October 4, meeting. (Exhibit 3)
St. Croix County Highway Department: Jeff Durkee, St. Croix County Highway Engineer does not have any objections to the proposed expansion. (Exhibit 4)
Wisconsin DNR : Michelle Asher, the West Central Region Storm Water Specialist has issued a Construction Site Storm Water Runoff permit. (exhibit 8)

13. Board of Adjustment Action
The Board of Adjustment after contemplating all relevant information may do one of the following:
Recommend approval of the requests.
Recommend denial of the requests.
Table/postpone the decision to absorb information gathered or request additional information.
The Board of Adjustment must stipulate findings to support their decision (for approval or denial).

14. Staff findings of fact and conclusions of law
Staff offers the following findings and conclusions of law for the Board’s consideration:
The applicant is Timothy and Judith Dove, Agent is Zachary Fagan.
The site is located at 484 County Road VV, Somerset WI 54025
Action Battery has been operating since August 19th, 1996 with a Special Exception Permit and is in compliance with all the permit conditions.
The applicants filed with the Board of Adjustment a Conditional Use Application to add a 23,685 square foot building with a future 15,190 square foot addition pursuant to Section (9) f. of the St. Croix County Zoning Ordinance.
The current building has a concrete floor in case of any spills. There are also spill kits and spill clean up procedures in place. The proposed building will have a concrete floor, spill kits and floor drains that go to a holding tank.
The used batteries will be recycled at Gopher Smelting in Eagan MN.
All of the drivers currently have and will continue to have Class C Hazardous Materials Licenses.
The State of Wisconsin Department of Safety and Professional Services (DSPS) has approved permits for the proposed building, heating and air conditioning systems.

15. Staff findings of fact and conclusions of law, continued
The DSPS has approved the plumbing systems for the interior water supply and floor drains.
A sanitary permit has been approved for the bathroom wastewater and bathroom floor drains.
Action Battery is insured for $7,000,000 by Western National Insurance.
Action Battery has a Hazardous Materials Certificate of Registration from the U.S. Department of Transportation for
A Construction Site Storm Water Runoff permit has been approved by the WI DNR.
Community Development Conservation and Land Use staff have recommended conditional approval of the Stormwater and Erosion Control plans. An affidavit identifying the maintenance for the stormwater and vegetation will need to be recorded.
A pre-construction meeting will be required.
This proposal meets the Commercial Zoning General requirements in (2) General Standards.

16. Staff recommendations
Based on the findings of fact and conclusions of law, staff recommends approval of the Conditional Use Permit with the following conditions for your consideration:
The buildings shall be constructed in conformance with the plans submitted.
The property owner shall execute and record an affidavit describing the approved stormwater management, erosion and sediment control and vegetative management plans and maintenance requirements with the County Register of Deeds within 30 days after construction is completed.
A pre-construction meeting with a 7-day notification will be required.
These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the owner and agent and an opportunity for a hearing.
Any new owners of the property must adhere to the standards and conditions of the approved Conditional Use Permit.

17. Staff recommendations continued
Any change or addition in use of the property, buildings, and/or business; or modification of or addition to the property, building, or facilities; shall require review by the Zoning Administrator to determine if the use may be allowed. This decision applies to the property rather than to the individual, is valid for only the specified property, and is not transferrable to other properties.
Accepting this decision means that the applicant, buyer and agent have read, understand, and agree to all conditions of this decision, and have no objections to County staff conducting unannounced onsite inspections to check for compliance with this permit.