Zoning Board of Adjustment Agenda

Transcription

1 Zoning Board of Adjustment Agenda Tuesday, April 7, :00 p.m. Bryant Womack Justice & Administration Center 40 Courthouse Street Columbus, North Carolina I. Call to order II. Approval of Minutes from March 10, 2015 and March 17, 2015 III. IV. Board of Adjustment Training by County Attorney Adjournment

2 Board of Adjustment Minutes Tuesday, March 10, 2015, 4:00 p.m. Bryant Womack Justice & Administration Center 40 Courthouse Street Columbus, North Carolina Members Present: Paul Weidman, Frank Monterisi, Betty Hill, Hal Green and Neal Barton Members Absent: Wally Pace, Jeffrey Budai, Michael Axelrod Staff Present: Cathy Ruth and Mara Short (Secretary) I. Call to Order Paul Weidman, Chair, called meeting to order. Paul appointed Mara Short as temporary secretary. II. Conditional Use Permit Hearing -Docket # (CU) This proceeding involves a Conditional Use Permit application filed by Kem Ketchem with Green River Hounds for use and operation of a kennel in the Multiple Use (MU) Zoning District of Polk County. Paul Weidman explained the quasi-judicial proceedings of the Board of Adjustment hearing. Paul Weidman began the hearing by explaining four requirements that must be met in order to grant a Conditional Use Permit: the proposed use complies with the standards for such use, if any, contained in this Zoning Ordinance; the proposed use will not adversely affect the health or safety of persons residing or working in the neighborhood of such proposed use; the proposed use will not be detrimental or injurious to property, property uses or property values, or to public improvements, in the neighborhood of such proposed use; Board of Adjustment Minutes

3 the proposed use is designed and will be operated in such a manner as to be in harmony with the neighborhood in which it is located Paul Weidman informed the board that Jana Berg, Attorney was unable to attend due to illness. Mr. Billy McFarland shared that Mr. Rick Placak, Licensed Real Estate Appraiser for the Applicant was unable to attend due to sudden illness. Mr. Weidman explained testimony is generally taken at the first meeting, and the second meeting is for the Board of Adjustment to deliberate and make a decision. He also stated that under the circumstances, he would leave the hearing open at the end of testimony today, in order for Mr. Placak s testimony to be heard at the beginning of the second meeting. Testimony will be closed after Mr. Placak s testimony and questioning and deliberation will begin. III. Testimony and Evidence Michael Herman, Christi Fowler, William Ketcham, Deborah Bundy, Kim Cotton, Robert Hilton, Becky Cornwell, Amy Westbrook Wilmoth, and Tess St. Claire, along with Cathy Ruth were sworn in to present evidence in the hearing. Mr. McFarland began with an opening statement. He stated that he is there to prove to the board that the four requirements for the Conditional Use Permit will be met. Mr. McFarland called Michael Herman, Polk County Animal Control Officer. Mr. Herman testified: In past eight years he had received one call concerning a canine bite at the current kennel. He was notified of the bite because the injury was serious enough to seek medical attention. There is no noise ordinance in place, but when he receives a call he does go out and notify the property owner that he received a complaint and to check the welfare of the animal. He receives ninety percent of the noise complaint calls, the others are received when he is not on duty. Mr. McFarland called Christi Fowler, Director of Green Creek Hounds. Ms. Fowler testified: She described the current kennel on Sandy Plains Road as a thirty year old farm, the kennel was built over twenty years ago with six stable barn, 30 x 60 kennel, a quarter of an acre fenced exercise area for the hounds and a clubhouse situated on 6.5 acres of property. The Green Creek Hounds have a lease on the property on Poors Ford Road for twenty years but that either party, the lease or lessor, can back out at any time. The 32 acres would allow them to have an eight stable barn, 40 x 80 kennel building, indoor runs, allow them to a build a vet room and to install fencing around the perimeter of the property. This property will be used to house five horses with the potential of more and would like to make a galloping trail. She showed the plans for the kennel with the use of the plat (Applicant Board of Adjustment Minutes

4 Exhibit) explaining what is currently on the property and what they will build. She pointed out trees will be planted so that the kennel is not visible to neighbors. The distance in linear feet from the kennel to the adjacent property is more than 300 feet and more than 500 feet from the road. Applicant Exhibit 1 also included the plans for the property, the site plan, why they want to use this property for their kennels, and an article that Paulette Carter wrote, neighbor of the current facilities. Mr. Weidman, Chair, explained that he will discount the article from Paulette Carter from testimony since she is not present to testify. Ms. Fowler continued testimony: The Green Creek Hounds currently house sixty-five hounds. Green Creek Hounds has the potential to house more than sixty-five hounds when breeding there could be up to eighty hounds, also there are times the hounds are retired and others pass away. The hounds are supervised when they are out of the kennel area. The kennels area are cleaned twice daily, all waste inside the kennels goes into a septic system. There is a well currently on proposed kennel property, but they would most likely dig a new well. They have received no previous noise complaints. Dogs do bark at strangers and when they are fed, but could not say that they bark while being trained because she is not a trainer. The hounds are trained to hunt specific prey, if hounds hunt other prey, such as deer they are not kept. A brief recess was called. Mr. Weidman requested Cathy Ruth, Zoning Administrator. Cathy Ruth testified: She requested the following be entered into the record: Notice of Hearing by Mara Short (Exhibit Zoning-1); Certificate of Mailing by Mara Short (Exhibit Zoning-2); Polk County Zoning Ordinance (Exhibit Zoning)-3; Conditional Use handout (Exhibit Zoning-4), Polk County Zoning Board of Adjustment General Rules (Exhibit Zoning-5), Quasi-Judicial Rules (Exhibit Zoning-6) and Staff Report (Exhibit Z-7). Mr. Weidman entered Exhibits Zoning-1-7 into evidence. Ms. Ruth continued: Two sign notices of the hearing were placed on the property. She explained that two letters were delivered to her office from William Westbrook and Amy Westbrook Wilmoth. They requested to give them to the Board of Adjustment. Mr. Weidman stated that Ms. Amy Westbrook Wilmoth was present and she can read her letter when she testifies. And if the property owners are not present they will not be read. Mr. McFarland called Deborah Bundy, Director and Whipper for Green Creek Hounds Board of Adjustment Minutes

5 Ms. Bundy testified: She explained the day to day functions. The Houndsman, Tot, and/or staff begin each day at 9:00 am. They feed the hounds, they take the hounds out one run at a time for exercise, approximately eight dog. While each run is out of the kennel they are cleaned with Pine Sol and Dawn dish detergent. The staff will leave between 6:00-7:00 pm. She believes the use of the kennel will fit in with the community because of the numerous farms and it fits the general lifestyle of the area. The Green River Hounds, LLC is a non-profit corporation and kennel operation would be inspected annually by the Master Fox Hunters Association (MFHA). The property is not currently being used, and it will not be used for hunts. The hounds would be transported to and returned from hunts via enclosed trailer. The hounds wear electronic tracking collars while hunting, aiding in recovery of straying hounds after hunts. She testified a majority of hounds return to the trailer following the hunt, and that the Huntsman remains in the hunt area to locate and recover hounds not immediately returning to the trailer after the hunt. Occasionally a hound remains loose overnight after the hunt. Mr. Weidman asked if any citizens would like to testify. Becky Cornwell testified: Ms. Cornwell was recently invited to tour the current Green Creek Hounds kennel operation and that the hounds barked during most of the time of her visit. Dogs bark and that can t be controlled. Her parent s property is less than 200 yards from the kennel. The dogs produce waste, and that sixty-five dogs would produce a lot of waste. Earlier testimony indicating hounds would spend a lot of time in the exercise area and that animal waste would not be removed from that area. The large number of dogs would result in barking and smells that would have a negative impact on the neighborhood. Her parents purchased property near the proposed kennel site fourteen years ago because of the rural character, quietness of the neighborhood and abundant wildlife. A kennel operation with a large number of dogs would destroy those neighborhood characteristics. She said that very few people want to purchase property next to a kennel and granted an equestrian property does raise property value we have horses and know it raises our property value the fact we have a barn and we are fenced we know that adds to our property value, however very few people want to live next to a kennel that has a capacity of eighty dogs. Mr. McFarland objected as to her opinion, Ms. Cornwell stated that earlier testimony was based on opinion. She also stated that a kennel next door would probably limit the buyers interested in purchasing property. Mr. McFarland objected as to speculation. She stated that a kennel disrupts the harmony and the quality of her parents property, limits the use of the property, and the potential value of the property. Mr. McFarland objected as to the value, Ms. Cornwell had stated she was not an expert. She would not purchase property or build a residence near the kennel operation. Amy Westbrook Wilmoth testified: Board of Adjustment Minutes

6 Ms. Wilmoth s parents own property (200 acres) less than a mile from the kennel in which she is to inherit. She has plans in the future to build a residence on family owned property adjacent to the proposed kennel property, but that she probably would not do so if the kennel is allowed to operate there, nor has she previously lived near a kennel operation. She grew up with family friends that hunted with hounds on her families land and she found it disturbing. She stated that her father had a personal experience where there was a hunt on his property, Mr. McFarland objected as to what he said. She believed allowing the kennel in the area would make the value of the property decrease. Tess St. Claire testified: Ms. St. Claire stated that earlier in testimony that the hunts are conducted on Sundays and the dogs are recovered the night after. She has retrieved one hound on a Tuesday and one later in the week so she knows from personal experience and Tot who is not here told me they had been out there for a few days. Mr. McFarland objected as to what Tot said. Ms. St. Clair stated she observed the dogs at large on a Tuesday and Thursday. She would not purchase property or build a residence near the kennel operation nor has she previously lived near a kennel operation. Kem Ketcham, Kim Cotton and Robert Hilton were also sworn as witnesses but elected not to testify or offer evidence during the proceeding. The Board discussed a date to reconvene to hear outstanding evidence from Rick Placak, Licensed Real Estate Appraiser for the Applicant, March 17, 2015 was agreed on by the Board. IV. Adjournment Paul Weidman adjourned the meeting Board of Adjustment Minutes

7 Board of Adjustment Minutes Tuesday, March 17, 2015, 4:00 p.m. Bryant Womack Justice & Administration Center 40 Courthouse Street Columbus, North Carolina Members Present: Paul Weidman, Frank Monterisi, Betty Hill, Hal Green, Alternate and Neal Barton, Alternate Members Absent: Wally Pace, Jeffrey Budai, Michael Axelrod Staff Present: Cathy Ruth, Mara Short I. Call to Order Paul Weidman, Chair, called meeting to order. II. III. Conditional Use Permit Hearing Continuation -Docket # (CU) This proceeding involves a Conditional Use Permit application filed by Kem Ketchem with Green River Hounds for use and operation of a kennel in the Multiple Use (MU) zoning district of Polk County. Testimony and Evidence Mr. Weidman reminded the board that testimony and evidence was left open in order for Mr. Placak to testify due to the fact that he was unable to attend the last meeting due to a sudden illness. Rick Placak was sworn in to present testimony and evidence in the hearing. Cathy Ruth stated: She displayed on the screen at the last meeting a topography map of the property. She had printed a copy of the map and would like to enter it into evidence. Mr. Weidman entered the map into evidence as part of Exhibit Zoning-7. Mr. McFarland called Rick Placak, Licensed Certified Real Estate Appraiser for the State of North Carolina to testify.

8 Mr. Placak testified: Mr. Placak has been a Real Estate Appraiser for 43 years. He has been licensed since the State started issuing license in He is the owner of Village Properties and Appraisal Services. Mr. McFarland asked the board to acknowledge that Mr. Placak was an expert in Real Estate Evaluation. The board was in consensus. Mr. Placak continued: Mr. Placak was hired by the Green Creek Hounds to determine the difference of value in properties located near a kennel. In the last three to four years land sales have been sparse in Polk County. From March 2013 to March 2015 there have been 128 land sales through MLS (Multiple Listing Services). There were 31 lands sales of non- subdivision lots at an average sale price of $9, per acre. Of those parcels ranging from 2 to15 acres in lot size the sale price averaged $8,209 per acre. He had to look back to 2012 and found that seven properties adjacent to kennel operations sold at an average sale price of $12,769 per acre, which was an increase in property values. The properties that were near the Sandy Plains kennel have not been built on. The properties in which he used as comparable properties were all raw land. There were several factors influencing the real estate value which include terrain, road frontage, property use, uses of surrounding property and views. Within the last five years he had appraised six properties surrounding the current kennel on Sandy Plains Road. He had never noticed the kennel or heard barking during those valuations. There would be no way to know how much noise would be produced until the kennel is built and in operation. The Poors Ford property was in a rural area. It had a house, barn and out building situated on the property. The terrain is even with the house and barn, then it slopes down. If the kennel is built behind the barn, the only visible part would be the roof of the kennel. The kennel is at least 300 to 400 feet from the road and the property line. The best use of the property would be a small horse farm. The Green Creek Hounds utilizing two acres for the kennel and the other 30 acres for pasture, it does fit the use of the property. Tess St. Clair asked Mr. Placak that he said it was shear speculation. Mr. McFarland objected as to what he said. Paul Weidman asked Mrs. St. Clair to ask it in the form of a question. Mr. Placak continued to testify that he cannot say whether the property value would go up or down until the kennel was in operation. Paul Weidman closed the proceeding to testimony. Mr. McFarland made a closing statement. Mr. Weidman reminded the board that Mr. McFarland s closing statement is not evidence or testimony. Mr. McFarland stated:

9 This is an unique situation, but that the Green Creek hounds have a history, a past track record for past use for the future use. The four elements for Conditional Use have been met. The kennel is allowed as a Conditional Use. Mr. Herman, Animal Control Officer had received only one incident and no other complaints. The Applicant has previously testified that the kennel is cleaned twice daily and most of the waste goes into the septic system. Mr. Placak has been an appraiser for 43 years. He knows the county. He testified that average price for raw land is $8,209 per acre, he also testified that property within close proximity to kennels average price was $12,769 per acre and that the best use for this property was a small horse farm. Mr. McFarland stated that the property is in harmony with the neighborhood and the kennel resembles a horse farm the same type of use by other opposition. The Green Creek Hounds would like to work with the board, county and citizen. He asked the board to respectfully issue the Conditional Use Permit. Neal Barton disclosed he asked a person he knew if they were a member of the Greek Creek Hounds. That person stated yes. And they had no further discussion about it. The board began deliberations. IV. Deliberations The Board finds the following as fact(s): Regarding the requirement that: 1) The proposed use complies with the standards for such use, if any, contained in this Zoning Ordinance; Polk County Animal Control Officer Michael Herman testified he is responsible for responding to and investigating complaints regarding animals and animal welfare in Polk County. He has received only one complaint in eight years regarding operation of Green Creek Hounds current kennel on Sandy Plains Road. That incident involved a canine bite wound sustained by Green Creek Hounds Master and Huntsman Tot Goodwin. Green Creek Hounds Directors Christie Fowler and Deborah Bundy testified regarding the proposed kennel operation. They testified the proposed kennel building would be a structure approximately 40 x 80 with outdoor runs connected to an indoor kennel area and a fenced two-acre exercise enclosure abutting the kennel area. Ms. Bundy testified the proposed kennel operation would include a veterinary care room for the hounds. Ms. Bundy also testified the kennel operation would be inspected annually by the Master Fox Hunters Association (MFHA). Ms. Fowler and Ms. Bundy testified regarding the kennel s daily operation and animal care. This care includes twice daily feedings, daily exercise, and twice daily removal of animal wastes and cleaning and disinfecting of kennel floors.

10 Ms. Fowler and Ms. Bundy testified animal wastes would be disposed of in a septic system approved by the county for that purpose. Based on this evidence and testimony, the Board finds as fact that the proposed kennel complies with standards for such use, if any, contained in this Zoning Ordinance. Regarding the requirement that: 2) The proposed use will not adversely affect the health or safety of persons residing or working in the neighborhood of such proposed use; Ms. Fowler and Ms. Bundy testified hounds would be contained in fenced enclosures in the proposed kennel. These enclosures will consist of kennel rooms housing approximately eight hounds each during most of the day and night, an enclosed feeding area, and a fenced two-acre exercise enclosure accessible from the kennel area. They testified the enclosures are constructed to prohibit hounds from escaping the kennel or exercise areas. Hounds would be transported to and returned from hunts via enclosed trailer. Ms. Fowler and Ms. Bundy testified the hounds wear electronic tracking collars while hunting, aiding in recovery of straying hounds after hunts. They testified a majority of hounds return to the trailer following the hunt, and that the Huntsman remains in the hunt area to locate and recover hounds not immediately returning to the trailer after the hunt. Ms. Fowler and Ms. Bundy testified that occasionally a hound remains loose overnight after the hunt. Property owner Tess St. Clair testified that on several occasions she has found hounds from Green Creek Hounds roaming loose several days after hunts. There was no evidence or testimony of damage or injury to persons or domestic animals caused by hounds while confined in the kennel or during or after hunts. Ms. Fowler and Ms. Bundy testified kennel floors would be cleaned and disinfected twice daily to remove animal wastes and that these wastes would be disposed of in a septic system approved for this purpose. Mr. Herman testified the only incident in eight years involving the current Green Creek Hounds kennel involved a canine bite wound to Huntsman Tot Goodwin. Based on this testimony and evidence, the Board finds as fact that the proposed use will not adversely affect the health or safety of persons residing or working in the neighborhood. Regarding the requirement that: 3) The proposed use will not be detrimental or injurious to property, property uses or property values, or to public improvements, in the neighborhood of such proposed use;

11 Mr. Placak, Certified North Carolina Real Estate Appraiser, was acknowledged by the Board as an expert in the field of real estate appraisal. Mr. Placak testified in the two year period ending March 2015 that there were 31 land sales of nonsubdivision lots at an average price of $9,870 per acre. Of these, parcels ranging from 2 to 15 acres in size averaged $8,209 in sale price. Since 2012, seven properties adjacent to kennel operations sold at an average price of $12,769 per acre. Mr. Placak testified that factors influencing real estate value include terrain, road frontage, property use, uses of surrounding property and views. Mr. Placak testified that there was no way to know how much noise would be produced until the kennel is built and in operation. Mr. Placak further testified that he had appraised six properties surrounding the current Sandy Plains kennel in the past five years and that he never noticed or included barking in those valuations. Based on this testimony and evidence, the Board finds as fact that the proposed use will not be detrimental or injurious to property, property uses or property values, or to public improvements, in the neighborhood of such proposed use. Regarding the requirement that: 4) The proposed use is designed and will be operated in such a manner as to be in harmony with the neighborhood in which it is to be located; Ms. Fowler and Ms. Bundy testified approximately sixty-five adult hounds would be regularly kept at the kennel. They testified that one or two litters of puppies per year could increase the total kennel population to eighty animals at given times. Ms. Fowler and Ms. Bundy testified trees will be planted between the kennel and adjacent residences as a visual buffer. Ms. Bundy testified several structures on the property were in need of repair and would be improved or removed to maintain aesthetics. She testified the kennel s appearance and operation would be compatible with the surrounding neighborhood s rural character and animals. Ms. Fowler and Ms. Bundy testified hounds in the kennel bark at feeding times and when strangers enter the kennel area. Ms. Fowler testified hounds bark when she enters the kennel area since they are not as familiar with her as they are with those who regularly care for them. Ms. Fowler testified hounds bark at strangers, prey and at feeding times. Ms. Fowler and Ms. Bundy testified hounds are otherwise discouraged from barking and do not bark excessively. Responding to a question from the Board, Ms. Bundy testified animal waste is not removed from the exercise area.

12 Becky Cornwell testified she was recently invited to tour the current Green Creek Hounds kennel operation and that the hounds barked during most of the time of her visit. Ms. Cornwell testified dogs bark. That can t be controlled. Ms. Cornwell also testified dogs produce waste, and that sixty-five dogs would produce a lot of waste. She noted earlier testimony indicating hounds would spend a lot of time in the exercise area and that animal waste would not be removed from that area. Ms. Cornwell testified the large number of dogs would result in barking and smells that would have a negative impact on the neighborhood. Ms. Cornwell testified her parents purchased property near the proposed kennel site fourteen years ago because of the rural character, quietness of the neighborhood and abundant wildlife. She testified a kennel operation with a large number of dogs would destroy those neighborhood characteristics. Mr. Herman testified there is no ordinance regulating noise in Polk County, and no statutory basis or restriction for dealing with barking dogs. Mr. Herman testified that when he receives complaints about barking dogs he investigates to assure they are cared for properly and encourages owners to try to control barking, but that there is no enforcement basis for assuring control of barking. Amy Westbrook Wilmoth testified she had planned to build a residence on family owned property adjacent to the proposed kennel property, but that she probably would not do so if the kennel is allowed to operate there. In response to separate questions, Ms. Cornwell and Ms. Wilmoth both testified they would not purchase property or build residences near the kennel operation. Tess St. Clair testified she has found hounds roaming loose in her neighborhood several days after conclusion of Green Creek Hounds hunts. She testified she would not purchase property or build a residence near the kennel operation. Mr. Placak testified that the use of this property would include a barn and a two acre kennel in the center of property, which would be similar in appearance and use to neighboring properties. Based on this testimony and evidence, the Board finds as fact that the proposed use is designed and will be operated in such a manner as to be in harmony with the neighborhood in which it is to be located. Board Member Weidman did not find this requirement was met. V. Decision The Board of Adjustment finds the requirements for Conditional Use are met with a vote of 4-1 and a Conditional Use Permit is issued, and to be in the public interest: 1) The construction and use of the kennel area, including exercise area, must be in substantial compliance with the proposed site plan submitted in Exhibit A- 1.

13 2) The outside kennel area is to be cleaned of waste in a manner sufficient to minimize off premise odor and runoff. 3) The construction of the kennel must include sufficient sound insulation and baffling to minimize off premises noise. Cathy Ruth explained the posting option to the applicant, along with the 30 day appeal period. She also explained this Conditional Use Permit will be recorded in the Register of Deeds Office. VI. Approval of September 2, 2014, January 13, 2015 and January 20, 2015 Minutes Paul Weidman asked if there was a motion to approve the September 2, 2014 minutes. Betty Hill made a motion, Frank Monterisi seconded, approved unanimously. Paul Weidman asked if there was a motion to approve the January 13, 2015 minutes. Frank Monterisi made a motion, Hal Green seconded, approved unanimously. Paul Weidman asked if there was a motion to approve the January 20, 2015 minutes. Hal Green asked the board to make an amendment to Section III Decision. The Board of Adjustment finds the requirements for the Conditional Use Permit are met and a Conditional Use Permit is issued and to be in the public interest. Neal Barton made a motion to approve with the amendment, Betty Green seconded, approved unanimously. VII. Adjournment Paul Weidman adjourned the meeting.