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Land Use
S T. . C R 4 I Planning & Land Information
Resource Management
Community Development Department
July 29, 2013 File Ref SE87752
Derivative Developments LLC /y/~/~
c/o Robert Kaufman & Steve Kaufman V E copy
2275 Cty. Rd. CC New Richmond, Wl 54017
Re: St. Croix County Special Exception Request
Parcel #10.31.18.183C21,1120 Old Mill Road, Town of Star Prairie
Dear Bob and Steve:
The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item:
A special exception permit for an indoor recreation facility in the Commercial District, pursuant to
Section 17.18(9) (n) of the St. Croix County Zoning Ordinance.
After the hearing on July 25, 2013 the Board approved the special exception request with conditions. The
enclosed document is the formal decision regarding your request.
You must obtain any other required local, state, and federal permits and approvals. Should you have any
questions or concerns, please contact me at 715-386-4680.
Si 1 ,
Pamela Quinn
Land Use Specialist/Administrator
Enclosure: Formal Decision
cc: Clerk, Town of Star Prairie
Scott Counter, Star Prairie Town Board Chairman
Andy Pratt, Eckberg Lammers Attorneys
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
www.sccwi. us/cdd www. focebook. com/stcroixcountvwi cdd @co.saint-croix. wi. us
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number: SE87752
Applicants: Derivative Developments, LLC, property owners
Parcel Number: 1031.18.183C-21
Complete Application Received: January 7, 2013
Hearing Notice Publication: Weeks of June 10 and 17, 2013
Hearing Dates: February 28, May 23, June 27, and July 25, 2013
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment makes the
following Findings of Fact and Conclusions of Law pertinent to the applicant's special exception request:
L The applicants are Derivative Developments, LLC, property owners.
2. The site is located at 1120 Old Mill Road on lot 2 of CSM Vol. 21/Pg. 5193 in the SW 1/4 of the NW 1/4 and the
SE 1/4 of the NW 1/4 of Section 10, T3 IN, RI 8W, Town of Star Prairie, St. Croix County, Wisconsin.
3. The applicant filed with the Board of Adjustment an application in January 2013 for a special exception permit to
operate an indoor recreation facility in the Commercial District pursuant to Section 17.18(9xn) of the St. Croix
County Zoning Ordinance. Derivative Developments LLC and On Track Properties LLC dba Cedar Lake Speedway
own adjoining property to the west, north, and east.
4. After the February 28, 2013 public hearing, the Board temporarily approved the applicant's request until May 31,
2013 with conditions. The decision letter included an instruction limiting the type of events during the month of May
to the indoor motocross events approved in the 2006 special exception permit.
5. After the May 23, 2013 public hearing, the Board voted to recess the hearing and table its decision until the next
scheduled public hearing on June 27, 2013 to allow time for submittal of additional information that was requested by
the Board.
6. After the June 27th hearing, the Board again voted to table the request for more information and allow the arena
events scheduled for June 29, July 13, and July 27, 2013 to be held. It was understood that the applicants would
proceed with installation of air quality monitoring equipment and take measurements of carbon monoxide and noise
levels from the lot lines during the July 13th event.
7. In response to the Board's decision letter of May 28, 2013, the applicants provided copies of a proposed CO
monitoring system that may be installed if the special exception request is approved, as well as a copy of the 2009
ventilation system installation certification letter and 2007 state approval for the original HVAC system that were
included as exhibits for the June 27th hearing.
8. Prior to the June 25th deadline, the applicant's attorney drafted a special exception permit agreement for the indoor
recreation facility and submitted it on June 13„ 2013 via e-mail attachment to Scott Counter, Star Prairie Town Board
Chair, and to community Development Department (CDD) staff for review. The items contained in the draft
agreement have been incorporated in conditions in the staff recommendation.
9. Star Prairie Town Board's recommendation for conditional approval was received in an e-mail dated June 18, 2013.
10. On June 26, 2013 the Town of Star Prairie Attorney, Tim Scott, e-mailed his recommendations for revised wording
on several of the items in the applicant's draft special exception agreement. The revisions and additions were
reviewed by CDD staff, SCC Corporate Counsel, the applicants and their attorney during the June 27th public
hearing. The conditions recommended for the Board's considerations reflect the Town's concerns and incorporate
some of the revised wording.
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11. At the June 27"' hearing Steve Kaufman stated that a new air quality monitoring system could be installed and
operational by July 13, 2013, it was not possible to do so. The proposal contained in the draft special exception
agreement was to install the system by August I' or approximately 35 days after the June 27th hearing date, assuming
the Board approved the special exception permit.
12. Ed Thurman, SCC Environmental Health Specialist, submitted a copy of a document from the WI Division of Public
Health, Bureau of Environmental and Occupational Health entitled "Wisconsin Recommendations for Enclosed Ice
Rink Management". Ryan Wozniak, of the Wisconsin Department of Health Services, recommended the county
should use the same numbers for the indoor motocross concerning CO and N02 corrective action and evacuation as
for indoor ice arenas. With conditions that the indoor recreational facility air quality will be monitored for carbon
monoxide and nitrogen dioxide and that the Wisconsin Dept. of Health recommendations for corrective action and
evacuation levels are implemented by the applicants, the request will not create a public health hazard.
13. Approval of the special exception by the town board is required in the commercial district per Section 17.18(9) of the
county zoning ordinance.
14. The nearest neighbor, (Odegard) testified the instantaneous readings at his property line exceeded 80 dBa. The
applicant testified and showed a video depicting a reading of 102 dBa at trackside, 95 dBa immediately outside the
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open door and 78 dBa underneath the exhaust fan. OSHA requires hearing protection for continuous exposure at 85
dBa.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's
special exception request, with the following conditions:
1. This special exception would allow Derivative Developments LLC to continue to operate an indoor recreation
facility on their 19.26-acre lot in the Commercial District as provided in the conditions below. This approval does
not include any additional permanent structures, additional impervious coverage, or other improvements or uses
or any additional grading and filling activities, except as necessary to remedy erosion and/or sedimentation
problems.
2. Obtain all other necessary permits and licenses including the Town of Star Prairie and maintain compliance.
3. Within 30 days of the decision, the applicant will cause to be completed all stormwater drainage repairs on the
property underlying the arena facility as follows:
• Direct the downspouts on the east side of the building into a 12-inch diameter culvert and then direct that into the
pond that is located on the east side of the building. This will involve removing some of the excessive rip rap on
the east side of the building.
• Change the grade in the proximity of the northeast corner of the building to prevent water from going to the west.
• Once the water has been redirected, then the rip rap chute should be removed, filled in with soil, seeded down,
and covered with class 2 erosion matting. Upon notification by the applicant, county staff will inspect the site and
certify as to the completion of the project. Upon such certification, the county shall refundany cash compliance
deposits submitted by the applicant to guarantee such work.
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4. The applicants shall submit to the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be
held by the Community Development Department until the stormwater pond repair has been completed and
approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at
which time the deposit will be refunded in full.
5. All motorized racing events to be held in the arena will only occur with doors on the building closed and the
ventilations system operating as designed.
6. Within 30 days of the decision, the applicant will provide documentation to the County and the Town of the
results of noise control measurements taken during three typical indoor motorized races in the arena. Noise
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measurements are to be taken at the east property line. Measurements must be taken during indoor motorized
races with the arena ventilation system operating and with doors closed and immediately after each race and for
the same duration as each race, to establish each ambient noise level. Measurements must be calculated to a
time-weighted average. The measurements shall be submitted in a format easily understandable to the County
and the Town. After the initial sound testing, the applicant shall test sound levels at least once annually
following the same procedures and submit such additional test results to the County and the Town.
7. Provided the ambient noise is over 50 dBa, race noise cannot exceed 20 dBa over the ambient level. In no event
shall race noise exceed 80 dBa. The Community Development Department will compile contact information for
certified industrial hygienists who may be retained to perform noise measurement tests. Any person may retain a
hygienist to perform the test as described above. If the result of the test shows noncompliance the applicant must
pay for the hygienist and this permit may be subject to revocation per Section 17.71(6) of the ordinance.
8. The applicants shall limit the size of any individual event to the building's seating capacity of 2,700 spectators,
along with regular employee and kitchen staffing levels.
9. The facility's holding tanks must be serviced as required in the recorded agreement and Holding Tank servicing
contract. In addition to providing access to the holding tank dump station for campground patrons at no cost, the
applicants will allow a licensed septic pumper to provide individual service to patrons' recreational vehicle tanks
at an additional charge to the patron.
10. Normal hours of operation for indoor motorsport events shall be 9:00 a.m. to 10:00 p.m. Sunday through
Thursday and 7:00 a.m. to 10:00 p.m. on Fridays and Saturdays. Special events may be scheduled for up to six
(6) weekends per year, but motorsport races are to begin no later than 11:30 p.m. The applicant shall limit
amplified sound or other noise at such events at the conclusion of racing so as not to unreasonably disturb
surrounding property owners.
11. The property and all buildings on it shall be maintained in a neat and orderly manner throughout the year.
12. All lights for events held in the facility must be downward directed and shielded away from neighboring
properties to prevent glare.
13. The applicant shall contact the Community Development Department staff to review compliance with this special
exception every two years after approval. These conditions may be amended or additional conditions may be
added to address complaints or if unanticipated circumstances arise, including but not limited to noise and/or
other disturbance, the condition of the nearby wetland, or adequacy of the parking serving the facility, if such
circumstances affect the health and/or safety of citizens or degrade the natural resources of the County or the
Town. Conditions will not be amended or added without notice to the applicant and an opportunity for a public
hearing to be held.
14. Any new owners of the facility must adhere to the standards and conditions of the approved special exception
permit. Any change or addition in use of the commercially zoned property, buildings, and/or business; or
modification of or addition to the property, building, or facilities; or changes to the current project details -
including but not limited future expansion, signage, landscaping, or lot/access changes - shall require prior
review by the Zoning Administrator to determine if the use may be allowed and approval by the Board through
the special exception approval process, as stated in Section 17.18(12) of the Ordinance. The special exception
decision applies to the property rather than to the individual, is valid for the specific premises, and is not
transferrable to other properties per Article VII Section 4 of the Board of Adjustment Rules.
15. The applicants shall submit to the Zoning Administrator a cash compliance deposit in the amount of $1,100 to be
held by the Community Development Department until the stormwater pond repair has been completed and
approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at
which time the deposit will be refunded in full.
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16. The Town of Star Prairie and any other aggrieved party may request a reconsideration of this decision 15 days
prior to the next regularly scheduled Board of Adjustment meeting in accordance with Article VII Section 6 of
the St. Croix County Board of Adjustment Rules.
17. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this
decision and has no objections if county staff conducts unannounced onsite inspections to check for compliance
with the conditions of this permit.
The following vote was taken to approve the request: Chairman Malick, yes; Peterson, yes; Sontag, yes; Nelson, yes;
McAllister, yes. Motion carries.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing
date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for
action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that
the identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this
decision, was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court. The Community Development Department can be contacted for
information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of
this matter to the circuit court.
ZO G BOARD OF ADJUSTMENT
Signed: aks (IZ
Clarence W. "Buck" Malick, Chairman
Date Filed: July 29, 2013
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