Board of Adjustment Agenda

Board of Adjustment Agenda Tuesday, April 2, 2019 5:00 p.m. Bryant Womack Justice & Administration Center 40 Courthouse Street Columbus, North Carolina 28722 I. Call to order II. III. Approval of Agenda Approval of March 12, 2019 meeting minutes IV. Conditional Use and Wireless Telecommunication Permit 2018.04(CU) Remanded to Board of Adjustment from Superior Court V. Other Business VI. VII. Public Comments Adjournment

Board of Adjustment Minutes Tuesday, March 12, 2019 5:00 PM Bryant Womack Justice & Administration Center 40 Courthouse Street Columbus, North Carolina 28722 Members Present: Frank Monterisi (Chair), Lisa Krolak, Neal Barton, Alexander Hagerty, Joshua Collier, Robert Lariscey Staff Present: Cathy Ruth (County Planner), Hannah Lynch (Secretary), Jana Berg (County Attorney) Others Present and Sworn to Testify: Applicant Richard Wallahora, Nancy Phelps, Kathy Toomey Opposition None I. Call to order. Chair Frank Monterisi called the meeting to order at 5:08 PM. He requested all Board Members introduce themselves. II. III. IV. Approval of Agenda. Frank Monterisi requested item five be removed from the agenda to be rescheduled at the end of the meeting. Motion to approve with change by Neal Barton, seconded by Lisa Krolak. All in favor. Approval of February 5, 2019 and February 7, 2019 meeting minutes. Lisa Krolak requested grammatical changes to the February 5, 2019 and February 7, 2019 meeting minutes. A motion was made by Lisa Krolak to approve the February 5 minutes with changes, seconded by Alexander Hagerty. All in favor. A motion was made by Lisa Krolak to approve the February 7 minutes with changes, seconded by Joshua Collier. All in favor. Conditional Use Permit 2019-02 (CU) Foothills Humane Society Application for Conditional Use Permit for new dog kennel building 989 Little Mountain Road, Columbus, NC 28722; Parcel P86-44. Page 1 of 9

1. Frank Monterisi explained the quasi-judicial process, the Polk County Board of Adjustment s rules and code of conduct. 2. Frank Monterisi asked if anyone wanted to speak on behalf of the Applicant, and to state their name: Richard Wallahora, Nancy Phelps, Kathy Toomey. Frank Monterisi asked if anyone wanted to speak on behalf of the Opposition. None were in opposition. All were sworn in. 3. Cathy Ruth presented the staff report. This was accepted into evidence as Zoning Administrator 1 (ZA-1). The staff report included: i. General Application for Conditional Use Permit and site plan submitted by Richard Wallahora, representing Foothills Humane Society. ii. Zoning Permit/Application and receipt of $100. iii. Signed and notarized Affidavit of Mailing of notice of public hearing to adjacent property owners, property owner, and applicants. iv. Signed and notarized Affidavit of Posting of notice of public and photos of posted signs. v. Recorded deed in the Register of Deeds Office dated January 14, 1994, Book 222, Page 189-190. vi. Polk County Property Card tax record for P86-44. vii. Tax Parcel Report for P86-44 from the Polk County GIS site. viii. Tax Parcel Report for P86-44 from the Polk County GIS site with an aerial view. ix. An aerial view of the surround parcels zoning and current uses around P86-44 from the Polk County GIS site. x. Pictures taken from the site as it faces Little Mountain Road. 4. Cathy Ruth gave an overview of the packet and pertinent background information: In February 2019, Foothills Humane Society came into the Planning Office to apply for an addition to their facility. They had received their permit from the health department and had submitted a permit application with Building Inspections, but they had not come into the Zoning Office. It was discovered at this time a Conditional Use permit was needed for their new building. The application was submitted on February 8. The new building will be an extension of their current use. Cathy Ruth explained the location of the property. It consists of 11+ acres, off Little Mountain Road, and has approximately 8000 square feet of building space on the property. She explained the uses on the surrounding parcels, consisting of vacant land, single family homes, equestrian uses, the Tryon Hounds, all shown on XI of the Staff Report, as well as the Polk County Gun Club location. She went through the pictures of the site and showed where the new building would be placed. The proposed building is behind an existing pavilion on the site. It will be slightly higher in elevation than the current kennel location. At this time Frank Monterisi noted for the record these pictures were taken in March with the lack of natural vegetation due to the colder months. Page 2 of 9

Frank Monterisi asked Cathy Ruth for dimensions of the new building. Cathy Ruth pointed him to XA of the Staff Report, the building plans, and the site layout. Lisa Krolak asked if there were horses on the site. Cathy Ruth requested she ask the applicant directly during their testimony. 5. Richard Wallahora spoke on behalf of the Foothills Humane Society. He submitted into evidence: The Foothills Humane Society s North Carolina Department of Agriculture & Consumer Services License as Applicant 1; the Foothills Humane Society s Facility Compliance Inspection as Applicant 2; and a PowerPoint presentation titled Conditional Use Permit Application Special Hearing as Applicant 3, and it was accepted by the Board. Richard Wallahora gave an overview of the history of Foothills Humane Society. They received their 501(c)(3) designation as a non-profit organization in 1957. They were originally called the Polk County Animal Protection Society. This lasted for around 32 years until they were changed to Foothills Humane Society. They were donated property and built on their existing site in 1989. Foothills Humane Society works closely with Polk County Animal Control. There are two officers now for Animal Control where historically there has only been one, or less. Foothills Humane Society accepts all stray dogs and cats that Animal Control officers bring in from Polk County. They are considered to be the county shelter. Polk County has no other facilities to house dogs and cats. They are a nokill shelter, therefore no animals are euthanized to create space within the shelter. This becomes problematic for them in the spring when more puppies and kittens come in and the shelter becomes overcrowded. The overcrowding has been one criticism of state inspectors. They currently have a capacity of 45 dogs in the shelter and they occasionally get beyond that. In 2017 and 2018, the number of pets adopted or returned to owners was 1,480 animals. Richard Wallahora explained the key to running a shelter is getting animals adopted. The animals need to be moved out and adopted. Richard Wallahora explained the impact of Foothills Humane Society on the community. Currently there are 13 employees, which varies a little, and they have an annual operating budget of $850,000, of which 85% is spent in Polk County. They use these funds to buy dog food, pay employees, pay large veterinary bills, hire local trainers, and other significant expenses. They use local veterinarians and as a humane society, work to alleviate the issue of stray animals running lose in the community. He explained stray animals are usually abandoned animals, therefore they work to reduce the irresponsible input of animals into the community with their active spay and neuter programs (free or low-cost). They also distribute free animal food through Meals on Wheels and the food bank. They distribute around 50,000 lbs of dog food they pick up from a Walmart Page 3 of 9

distribution center. It comes in broken bags which they repackage to distribute to those who need it. Additionally, the Foothills Humane Society educates the public on animal welfare. They also have a program for children to read to animals, which allows the children to work on their reading skills in front of a nonjudgmental audience. Richard Wallahora went over the aspects of the proposed new building it will be just less than 4000 square feet and include larger kennels that will be 48 square feet, opposed to the kennels that are only 20 square feet in the existing building. It will have higher ceilings, be brighter, have much less noise, and much less echoing than the current facility. It will include updated sanitation with new floor and trench drains, an engineered septic system, and a special puppy wing with superior insulation to retain noise and make sure energy is being conserved. The puppy wing will have a separate HVAC to ensure diseases are not spread to the young dogs from the older dog area. All of these features will allow for a better living environment for the dogs and a much more appealing atmosphere for the adopters, volunteers, and staff. Richard Wallahora went through the four conditions to meet the requirements for a Conditional Use Permit: i. Complies with standards for use contained in Zoning Ordinance: Richard Wallahora explained the building is within the height limit and setback limits of the Polk County Zoning Ordinance. It will have a special engineered septic system to prevent groundwater contamination. It will also meet state regulations and will be in full compliance. The area is zoned Multiple Use which allows for kennels, and the building use will be the same as the existing approved building. ii. Will not adversely affect health or safety of persons residing/working in neighborhood: Richard Wallahora explained there will be no change to the already existing health and safety impacts. There will be a new septic system, no harsh chemicals or insecticides outside or inside the building, and they will only use approved cleaners in the building. There will be no burning or incinerating, so no negative impact on air quality. The former incinerator that was on site was sold and therefore is no longer used. All medical waste is disposed of according to state and federal laws and there will be no impact on groundwater or contamination. All dog waste from walking dogs on trails and in the large dog yards around the property is promptly bagged and disposed of as solid waste. The current and proposed facilities and operations are fully in compliance and are inspected two times a year by the Department of Agriculture. The board then asked Richard Wallahora questions regarding his testimony: Alexander Hagerty asked how many dogs could be in the building at maximum capacity. Richard Wallahora responded there will be 12 new kennels and four puppy kennels, so around 12 dogs, and puppies, of which there could be up to ten or more puppies per litter. He also stated the new Page 4 of 9

facility is to move dogs from the existing facility to alleviate overcrowding, rather than bringing more animals in. Lisa Krolak asked if 12 kennels equals 12 dogs. Richard Wallahora stated yes, most of the time, but there can be times when the dogs are doubled up. With the new larger kennels this is easier than with the older and smaller kennels. Lisa Krolak then asked if there are any horses located on the property. Richard Wallahora replied there are no horses currently on the property, but they have the ability to keep two horses. Joshua Collier asked if the capacity on the license (50 dogs and 75 cats) will increase when the new building is erected. Richard Wallahora replied it will increase a little, but they do not know by how much until after the state inspection and after the Foothills Humane Society board has made decisions regarding the facility. Joshua Collier asked what would happen if the operation reaches animal capacity. Richard Wallahora explained they can double-up dogs in kennels and they also will board animals off-site. Frank Monterisi asked if the Foothills Humane Society does fostering. Richard Wallahora replied they do, and currently all puppies are fostered by his wife. They have had hundreds of puppies in their house over the last three or four years. Frank Monterisi asked if they are not looking to increase capacity but rather to increase the ability to service the animals better. Richard Wallahora replied that is absolutely correct, and the most important thing they can do is to get more animals adopted. With better trained dogs in a better living experience, they will be able to adopt more dogs. Frank Monterisi explained for the record, the issue of the septic and waste is beyond the Board of Adjustment, and is mandated by the state, the Board of Adjustment would rely on those officials to handle anything related to septic or waste. iii. Will not be detrimental/injurious to property/uses/values/public improvements in neighborhood: Kathy Toomey testified. She requested a packet of market activity graphs and GIS overviews be submitted into evidence as Applicant 4. The Board accepted the evidence. Kathy Toomey explained her background as a licensed real estate agent. She has been a real estate agent for 13 years, a member of the Foothills Humane Society board since 2007 and the treasurer since 2010, and currently owns her own real estate agency, New View Realty in Tryon, with 7 agents. They are active in Polk County, Rutherford County, Henderson County, Greenville County, and Spartanburg County. She presented graphs showing the average sales price, number of closed sales, and median sales price in Columbus, NC had all increased, while the number of homes for sale had decreased. This shows a healthy market. Page 5 of 9

She showed a GIS overview of the area showing the Foothills Humane Society, Tryon Hounds (consisting of two parcels and around 31-acres), the Polk County Gun Club (consisting of 94+-acres), and a mixture of equine and recreational facilities, farms, and single family residences. She also showed graphs showing the average sales price, number of closed sales, and median sales price in Polk County, NC had all increased, while the number of homes for sale had decreased, again making it a healthy seller s market. Kathy Toomey showed two sales in close proximity to the shelter, both vacant lots. One is directly across Little Mountain Road from the Foothills Humane Society, around 5-acres, and sold for $62,000. The other is 4- acres inside Hughes Creek Preserve (also a neighbor of Foothills Humane Society), and recently sold for $87,500. It is her expert opinion the new building at the Foothills Humane Society will have no impact on the market, neighborhood, or the values in the neighborhood. The board then asked Kathy Toomey questions regarding her testimony: Lisa Krolak asked why there is a decline in properties for sale. Kathy Toomey replied it is a nationwide problem, not just local. More people are staying put in their existing homes. Joshua Collier asked her if the property across the road sold at an average per acre cost for the area. Kathy Toomey replied yes, it was about average. She stated there are other homes for sale in Hughes Creek Preserve and several million dollar properties in the area that just take longer to sell. She explained one property in the top left of her GIS overview sold for $225,000 two years ago and was made into a horse farm, and now the tax record shows it at a value of $1.3 million. She explained this shows having the Foothills Humane Society facility close by has not deterred the investment of real estate. Frank Monterisi asked if there was any reason the property across Little Mountain Road sold for less than the other property she showed. Kathy Toomey replied it had to do with the terrain of the property across the road, and having less usable property to build on, and nothing to do with the Foothills Humane Society. Alexander Hagerty asked if the Green Creek Hounds or the Tryon Hounds were next door. Kathy Toomey and Nancy Phelps replied it is the Tryon Hounds, and there is a typo on the PowerPoint presentation incorrectly showing them as the Green Creek Hounds. Page 6 of 9

iv. Will be operated in harmony with neighborhood: Richard Wallahora explained the Foothills Humane Society has had harmonious relations with their neighbors for 30 years. The new building will not have an impact on that relationship. The current board of directors wants nothing more than to maintain those relationships. He explained the use fits in with the surrounding uses including the Tryon Hounds, vacant properties, and equestrian properties. The proposed building style blends with the existing buildings, with a maximum height of around 18, a shallow pitched roof, a couple of cupolas, and an overall utilitarian building that will be a good looking building. The proposed site is a good site and is slightly elevated which is good for drainage and the septic system. They removed minimal trees from the area to retain the rural feel and to give dog walkers some shade while walking. The building will be well insulated to reduce ambient noise and be efficient. The Foothills Humane Society will continue to be good neighbors and help animals as well. To conclude, Richard Wallahora explained the proposed new building does meet the four conditions for a Conditional Use permit. It will have no negative impacts on the neighborhood, will not increase noise, will be minimally visible from the street, and will not have any negative value on real estate. It will allow the Foothills Humane Society to continue to improve service to the residents and pets of Polk County. It will only be a modest increase in animal capacity. They do not want 100 more dogs, but they do need to reduce the overall crowding in the existing shelter. It will be a much better environment for animals and people working, visiting, and adopting animals. The building is coming with an increase in the budget for training and improving the spay and neuter programs, all of which will increase the adoptability of the animals which is the main goal of the shelter. 6. Frank Monterisi then opened the floor to questions from the Board Members. i. Joshua Collier asked if there are any facilities that are currently empty, or are they all being used. Richard Wallahora replied everything is full, animals are doubled-up in kennels, and some dogs are in large crates in aisles, so everything is congested. ii. Lisa Krolak asked if they see any uptick over time in animals coming in. Richard Wallahora replied spring is puppy and kitten season, so more are coming in, but they have been very aggressive with their spay and neuter program for the past three to four years so they believe they are beginning to see some improvement in the number coming in. He explained some of the historical numbers are not as accurate as he would like, but it looks like the numbers have been consistently going up in the number of intakes and maybe be leveling off a little now. iii. Lisa Krolak commended him and the Foothills Humane Society on a great business model, and as many other counties have kill shelters, suggested they may look to learn from the Foothills Humane Society model. iv. Neal Barton agreed their efforts are to be commended. Page 7 of 9

v. Alexander Hagerty agreed they are an asset to the community. 7. Frank Monterisi asked if there was any other testimony. Nancy Phelps clarified the spay and neuter program is not free for everyone, but rather free for those on government assistance and very low-cost for others. It is $25 to have a dog spayed or neutered and $10 for cats. 8. Frank Monterisi explained as no one was present for opposition, the deliberative process for the meeting was closed. The Board agreed to adjourn for 30 minutes to work on the findings of fact draft and then reconvene to decide on the Conditional Use permit. 9. Frank Monterisi reconvened the meeting at 7:11 PM and explained no additional testimony would be allowed. The Board reviewed the draft list of findings created by Frank Monterisi. The Board agreed on the following: i. The proposed building is 3,900 square feet. ii. The proposed building will consist of twelve individual kennels of 48 square feet each plus additional puppy kennels. iii. The proposed building will mitigate noise by having higher ceilings and superior insulation. iv. The neighborhood is composed of residential properties, Tryon Hounds, Polk County Gun Club, vacant lots, and equestrian properties. v. The purpose for the expansion is to reduce overcrowding as relating to the State noting they were above capacity in their existing structure. vi. Foothills Humane Society has the capacity to accommodate two horses. vii. Kathy Toomey of New View Realty, testified as an expert witness that it was her professional opinion property values and uses would not be injured by the proposed use. She based her testimony on the local market conditions and sales of nearby properties. viii. Based on sketches presented in the application and the testimony, the proposed structure will meet all applicable setbacks and height requirements. ix. Based on testimony of the applicant, the additional septic system will handle all waste and have no impact on ground water; no burning incinerating to impact air quality; all medical waste will be disposed as per State and Federal regulations; and all waste of animals will be properly removed and disposed. x. State inspections of the facility will be conducted twice a year, as required. xi. The current facility was constructed in 1989 and has been in continuous use since then, operating as a humane society/kennel. 10. Frank Monterisi asked the members of the Board if the proposed use complies with the standards of the Zoning Ordinance. He stated findings 3 and 8 show the use reflects and complies with the standards of use in the Zoning Ordinance. Lisa Krolak asked if vegetation was necessary to hide the building and Frank Monterisi stated he did not believe so. A vote was taken and the Board agreed 5-0 the use complies with the requirements. 11. Frank Monterisi asked the members of the Board if the proposed use will not adversely affect the health or safety of person residing or working in the neighborhood. He stated there are a number of findings that address this, including it Page 8 of 9

has to be inspected twice a year, and also findings 3 and 10 which directly relate to this as well. A vote was taken and the Board agreed 5-0 there are no problems with health and safety with the proposed use in the neighborhood. 12. Frank Monterisi asked the members of the Board if the proposed use will not be detrimental or injurious to the property, property uses or property values, or to public improvements, in the neighborhood of such proposed use. He reminded the board of Kathy Toomey s testimony as an expert witness. A vote was taken and the Board agreed 5-0 there are no detrimental effects to the property values in the neighborhood. 13. Frank Monterisi asked the members of the Board if the proposed use will be operated in such a manner as to be in harmony with the neighborhood in which it is located. He explained the surrounding uses in the area are a mixed group of uses. A vote was taken and the Board agreed 5-0 the use will be in harmony with the surrounding neighborhood. 14. Frank Monterisi asked the Board if any conditions needed to be applied to the permit. They discussed vegetation, but it was agreed the building will be set back far enough from the road that its appearance would not be an issue. Frank Monterisi added as a condition the building must meet all state and federal regulations. 15. The permit was unanimously granted by the Board. Frank Monterisi explained it would be effective when he signs it, which will be after the County Attorney transfers it into legal content in about a week. There will be 30 days from when he signs for any party with standing to appeal. He ended by commending the Foothills Humane Society on the completeness of their application and their presentation. V. Other Business The Board discussed the new date for the discussion of Conditional Use and Wireless Telecommunication Permit 2018.04 (CU) which was remanded to the Board of Adjustment from Superior Court. It was agreed this meeting will take place at the next regularly scheduled Board of Adjustment meeting, April 2, 2019. VI. VII. Public Comments None Adjournment Meeting was adjourned by Frank Monterisi at 7:35 PM. Page 9 of 9