Mar 12, 2025 Planning Commission

[00:00:04]

WE'LL CALL SESSION MARCH.

[1. Call to Order]

WE'LL CALL TO, UH, UH, SESSION THE, UH, MARCH 12TH SESSION OF THE YORK COUNTY PLANNING, UH, COMMITTEE.

AND, UH, FIRST WE'LL HAVE ROLL CALL, PLEASE.

MR. CHAMBERLAIN.

HERE.

MR. TITUS.

MR. BROOKS? HERE.

MR. KING? HERE.

MR. KRANER? HERE.

MR. SMITH? HERE.

MR. VOMER? HERE.

MR. CHAIRMAN, YOU HAVE A QUORUM.

THANK YOU.

WOULD YOU JOIN ME IN THE PLEDGE OF ALLEGIANCE, PLEASE PLEDGE ALLEGIANCE TO THE LAW OF UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, LIBERTY, JUSTICE.

THANK YOU.

UM, WE HAVE A LITTLE BIT OF AN AGENDA TONIGHT.

FIRST ACTION WILL BE APPROVAL

[4. Approve Minutes]

I THINK THE COMMISSIONERS GOT, UH, NOT ONLY THE, UH, FEBRUARY 12TH, UH, MEETING MINUTES FROM OUR REGULAR SESSION, BUT ALSO WE HAD A WORK SESSION PRIOR TO THAT, SO I THINK THEY'VE ALL BEEN DISTRIBUTED.

AND, UH, ANY COMMENTARY OR A MOTION? IF I HEAR NONE? MR. CHAIRMAN, I'LL MAKE A MOTION TO APPROVE THE FEBRUARY 12TH, UH, REGULAR MEETING AND THE FEBRUARY 12TH WORK SESSION.

THANK YOU.

MOTION MADE.

ROLL CALL, PLEASE.

A MOTION BY MR. KING IS TO ADOPT THE MINUTES OF THE REGULAR MEETING ON FEBRUARY 12TH, 2025.

MR. CHAMBERLAIN? YES.

MR. BROOKS? YES.

MR. KING? YES.

MR. KRANER? YES.

MR. SMITH? ABSTAINED.

AB ABSENT.

MR. WASSER? YES.

MOTION PASSES.

THANK YOU.

APPRECIATE THAT.

THE NEXT IS CITIZEN COMMENT.

THIS IS A POINT THAT ANY CITIZEN CAN COME ADDRESS THE COMMISSION.

WE, WE HAVE ONE MORE.

ONE.

WE ONLY DID ONE MINUTE.

I KNOW MR. KING, HE MOTIONED FOR BOTH, BUT, UM, WE HAVE TO DO 'EM SEPARATE.

YEAH, WE HAVE TO DO THEM SEPARATE STEPS.

SO WE WOULD ASSUME THAT'S FOR THE FIRST.

WOULD YOU LIKE TO MAKE ANOTHER MR. KING? WE GOT YOU.

WE GOT YOU.

JUST LET HER CALL THE ROLL FOR THE SECOND VOTE.

OH, OKAY.

YEAH.

.

THE MOTION BY MR. KING IS TO ADOPT THE MINUTES OF THE WORK SESSION ON FEBRUARY 12TH, 2025.

MR. BROOKS? YES.

MR. KING? YES.

MR. KRINER? YES.

MR. SMITH ABSTAIN.

MR. CHAMBERLAIN? YES.

MR. WASMER STILL? YES.

MOTION PASSES.

ALL RIGHT, THANK YOU.

AND WITH THAT, WE'LL NOW MOVE TO CITIZEN'S

[5. Citizen Comments]

THIS IS A TIME THAT ANY CITIZEN CAN COME ADDRESS THE COMMISSION ON ANY ISSUE THAT'S NOT ON THE AGENDA.

UH, I DON'T BELIEVE WE HAVE ANYBODY THAT'S SIGNED UP.

IS THERE ANYONE THAT WOULD LIST LIKE TO COME AND ADDRESS THE COMMISSION? AM I SUPPOSED TO BANG THE GAVEL? I GUESS THAT'S OPEN AND NOW IT'S CLOSED.

ALL RIGHT.

THANK YOU.

WE APPRECIATE THAT.

AND WITH THAT, WE'LL MOVE ON.

WE'VE GOT FOUR PUBLIC HEARINGS TONIGHT.

UH, THE FIRST ONE IS, UH, APPLICATION ON SEAFORD BREEZE.

IS THERE A BEFORE WE GET GOING, UH, WOULD YOU MIND READING THE STATEMENT? OH, FOR THE PLANNING COMMISSION? .

THANK YOU.

JUST SO WE'RE OFFICIAL TRYING TO MOVE TOO FAST HERE.

SO, UH, THE CODE OF VIRGINIA REQUIRES LOCAL GOVERNMENTS TO HAVE A PLANNING COMMISSION, THE PURPOSE OF WHICH IS TO ADVISE THE BOARD OF SUPERVISORS ON LAND USE AND PLANNING ISSUES AFFECTING THE COUNTY.

THE RESPONSIBILITY IS EXERCISED THROUGH RECOMMENDATIONS CONVEYED BY RESOLUTION OR OTHER OFFICIAL MEANS, AND ALL ARE MATTERS OF PUBLIC RECORD.

THE COMMISSION IS COMPRISED OF SEVEN CITIZEN VOLUNTEERS APPOINTED BY THE BOARD WITH ONE REPRESENTATIVE FROM EACH VOTING DISTRICT, AND TWO MEMBERS AT LARGE.

WE'RE NOW OFFICIAL.

[Application No. ZM-205-25, Seaford Breeze, LLC: Request to amend the York County Zoning Map by reclassifying a 0.2- acre parcel (GPIN U09a-2354-3928) located at 111 Shirley Road (Route 626) from WCI (Water-Oriented Commercial/Industrial) to RR (Rural Residential) for the purpose of constructing a detached single-family dwelling. The property is designated Limited Business in the Comprehensive Plan. Staff Planner: Jeanne Sgroi, Senior Planner]

WITH THAT, WE'LL GO TO THE FIRST PUBLIC HEARING.

THANK YOU.

GOOD EVENING.

SO, THIS APPLICATION SUBMITTED BY SEAFORD BREEZE, LLC, IS A REQUEST TO REZONE ONE 11 SHIRLEY ROAD.

SO THE 16TH, THE SIX 1600TH OF AN ACRE.

SUBJECT PROPERTY IS ZONED WCI FOR WATER ORIENTED COMMERCIAL AND INDUSTRIAL AND DESIGNATED LIMITED BUSINESS.

IN THE COMPREHENSIVE PLAN, THE APPLICANT HAS SUBMITTED A REQUEST TO AMEND THE YORK COUNTY ZONING MAP BY RECLASSIFYING ONE 11 SHIRLEY ROAD FROM WCI TO RR FOR RURAL RESIDENTIAL, FOR THE PURPOSE OF CONSTRUCTING ONE DETACHED SINGLE FAMILY DWELLING.

SO TO THE NORTH IS BACK CREEK TO THE EAST IS A WAREHOUSE OWNED BY TRUST IN TECHNOLOGIES TO THE SOUTH IS SHIRLEY ROAD, AND TWO, DETACHED SINGLE FAMILY DWELLINGS BEYOND AND TO THE WEST IS A VACANT LOT, ONE SINGLE FAMILY DWELLING AND MILLS MARINA BEYOND.

SO IN OUR ANALYSIS STAFF EXAMINED THREE FACTORS, PROPERTY SIZE, THE RPA BUFFER, AND THE SURROUNDING ZONING.

SO I'LL START BY DISCUSSING PROPERTY SIZE.

SO THE SUBJECT PROPERTY IS CONSTRAINED BY BOTH PHYSICAL AND ENVIRONMENTAL FACTORS.

THE PROPERTY IS CONSIDERABLY SMALLER AT 16 HUNDREDTHS OF AN ACRE THAN MOST OF THE SURROUNDING RESIDENTIAL PROPERTIES

[00:05:01]

FURTHERMORE, AN APPROXIMATELY 900TH OF AN ACRE PORTION OF THE SUBJECT PROPERTY IS DRY LAND.

THE REMAINING LAND IS UNDERWATER.

BECAUSE OF ITS SMALL SIZE, THE PROPERTY IS UNLIKELY TO BE DEVELOPED AS A WATER ORIENTED COMMERCIAL OR INDUSTRIAL USE.

SO I OVERLAID THE SURVEY PLOT SUBMITTED BY THE APPLICANT ONTO AN AERIAL IMAGE OF THE PROPERTY TO GIVE YOU AN IDEA OF HOW THE SINGLE FAMILY DWELLING WOULD BE CONSTRUCTED.

SO NEXT I'LL DISCUSS RPA.

THE RPA BUFFER.

THE SUBJECT PROPERTY IS ALSO WATERFRONT AND ENTIRELY WITHIN THE CHESAPEAKE BAY RESOURCE PROTECTION AREA, OR RPA BUFFER.

UM, RPA BUFFERS ARE 100 FEET IN WIDTH AND PROTECT WATER QUALITY BY REGULATING DEVELOPMENT ON LAND ADJACENT TO BODIES OF WATER.

ANY DEVELOPMENT THAT WOULD ENCROACH MORE THAN 50 FEET INTO THE RPA BUFFER REQUIRES APPROVAL THROUGH THE YORK COUNTY, UH, THROUGH YORK COUNTY'S CHESAPEAKE BAY BOARD.

BY VIRTUE OF THE PROPERTY'S LOCATION WITHIN THE RPA BUFFER, ANY DEVELOPMENT OF THE PROPERTY WOULD ENCROACH MORE THAN 50 FEET INTO THE RPA.

FURTHERMORE, A DETACHED SINGLE FAMILY HOUSE IS LESS INTENSE THAN A COMMERCIAL OR INDUSTRIAL USE, AND WOULD HAVE LESS ENVIRONMENTAL IMPACT WITHIN THE RPA.

NOW, FINALLY, I'LL DISCUSS THE SURROUNDING ZONING.

THE COMPREHENSIVE PLAN DESIGNATES THE SUBJECT PROPERTY AS LIMITED BUSINESS, ALLOWING LOW TO MODERATE INTENSITY COMMERCIAL ACTIVITIES, INCLUDING WATER ORIENTED COMMERCIAL AND INDUSTRIAL USES.

THE SURROUNDING CONTEXT IS PREDOMINANTLY RESIDENTIAL WITH MOST PROPERTIES ALONG SHIRLEY ROADS ZONED RR OR USED FOR RESIDENTIAL PURPOSES.

WHILE THE ADJACENT PROPERTY, UH, PROPERTIES TO THE WEST ARE ZONED WCI, THE PARCEL IMMEDIATELY ADJACENT REMAINS VACANT WITH A SINGLE FAMILY DWELLING.

AND THEN MILLS MARINA LOCATED FURTHER BEYOND ALL PROPERTIES SOUTH ACROSS SHIRLEY ROAD AND TO THE EAST BEYOND THE NEIGHBORING TRUST AND TECHNOLOGIES WAREHOUSE ARE ZONED RR AND ARE RESIDENTIAL REZONING.

THE SUBJECT PROPERTY TO RR WOULD ALIGN WITH THE PREDOMINANT ZONING PATTERN OF THE SURROUNDING AREA.

SO THE SUBJECT PROPERTY'S PHYSICAL AND ENVIRONMENTAL CONSTRAINTS MAKE IT UNLIKELY TO EVER BE DEVELOPED AS A WATER ORIENTED COMMERCIAL OR INDUSTRIAL USE.

WITH MOST OF THE SURROUNDING PROPERTIES BEING ZONED RR OR USED AS RESIDENTIAL, THE PROPOSED REZONING WOULD BE CONSISTENT WITH THE ESTABLISHED NEIGHBORHOOD PATTERN.

THEREFORE, STAFF RECOMMENDS APPROVAL OF THIS APPLICATION THROUGH THE ADOPTION OF PROPOSED RESOLUTION NUMBER PC 25 DASH OH EIGHT.

THANK YOU.

I'M HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANTS ARE HERE TO ANSWER YOUR QUESTIONS AS WELL.

THANK YOU.

ANY QUESTIONS FOR STAFF AHEAD? I I DO HAVE ONE QUESTION.

UH, IF YOU COULD BRING UP THE, THE PLOT ITSELF, IT, I'M VERY FAMILIAR WITH THAT PIECE OF PROPERTY.

ACTUALLY.

I DEVELOPED A HOUSE THAT'S ACROSS THE STREET FROM THAT YEARS AGO FROM MY DAUGHTER, UM, THAT THERE, THERE'S MULTIPLE OUTFALLS, IF I REMEMBER CORRECTLY, TO THE RIGHT OF WHERE THAT PLOT IS.

AND I THINK ON THEIR DIAGRAM THEY SHOW THAT AS A, UM, PROPOSED BEACH, SANDY BEACH AREA.

IS THAT, IS THE OUTFALLS OR ARE THEY PART OF THE PROPERTY OR IS THAT PART OF THE EASEMENT OR HOW DOES THAT WORK INTO THE, THE SITE PLAN? SO IS THE OUTFALL, YOU'RE TALKING ABOUT THE, UM, THE AREA WHERE THE LAND CUTS IN DOWN AT THE BOTTOM, IS THAT RIGHT? CORRECT.

YES.

YOU SAID IS THAT, THAT PART OF IT IS PART OF THE PROPERTY.

SO YOU CAN SEE THE PROPERTY LINES ON THIS SCREEN HERE.

UM, AND YOU CAN SEE WHERE IT CUTS BASICALLY DOWN THE MIDDLE OF THAT WHEN HE GOES FORWARD TO GET HIS CHEST BAY PERMITS.

THAT WAS MY CHOICE.

HE WILL HAVE TO TAKE INTO CONSIDERATION.

AND THAT I THINK THE, THE PLAN THAT THEY HE'S PROVIDED DOES TAKE INTO THAT TO CREATE THE LIVING SHORE THAT'S THERE.

OTHERWISE IT WOULD JUST WASH THAT BEACH FRONT AWAY.

RIGHT, RIGHT, RIGHT.

SO YES, I I BELIEVE THOSE LOT HERE, IT WASN'T ADDRESSED SPECIFICALLY ON HERE.

THAT'S, I WANTED TO MM-HMM .

ASK THAT QUESTION.

SO YES.

OKAY.

THANK YOU VERY MUCH.

ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, THANK YOU.

WITH THAT WE'LL OPEN THE PUBLIC HEARING AND I THINK FIRST WE HAVE, UH, WAYNE HARBIN TO SPEAK.

IF YOU'LL STATE YOUR, UH, NAME, ADDRESS, PLEASE.

AND, UH, YOU HAVE, OH, YOU HAVE 10 MINUTES IS THE, UH, APPLICANT.

IF YOU WANT TAKE, I WON'T TAKE 10 MINUTES.

WAYNE HARBIN, UH, 1 25 SHIRLEY ROAD.

I'LL ADDRESS WHAT YOU WERE ASKING.

WHERE THAT CULVERT IS, IS ACTUALLY IN THAT PIECE OF PROPERTY.

THE LIVING SHORELINE WILL TAKE AND COME IN ON THAT, ON THAT, UH, EASTERN SIDE.

AND THAT CULVERT WILL BE TO THE OUTSIDE OF IT.

AND THAT'S PROBABLY WHY A LOT OF THAT, UH, PROPERTY IN, ON THE COMMERCIAL SIDE HAS BEEN TAKEN AWAY IS BECAUSE OF, OF THAT CULVERT.

IN A WAY, IT ALLEVIATES THE WATER IN THE WOODS, WHICH IS ACROSS FROM SHIRLEY ROAD.

SO, UH, THE LIVING SHORELINE IS A GREAT APPLICATION FOR THE COUNTY.

IT'S GREAT APPLICATION FOR THAT PIECE OF PROPERTY.

IT'S PRESERVING IT.

IT'LL BRING IT BACK WITH A BEACH, WITH SOIL INSIDE OF IT.

AND ACTUALLY WHERE IT LOOKS SO CLOSE TO

[00:10:01]

SO, UH, IT, IT'S, IT'S A PRESERVATIVE AND DOING THE LIVING SHORELINE, OF COURSE WE HAD TO GO TO, TO VIMS AND SOME OF THE OTHER, UM, APPLICATIONS IN ORDER FOR THAT TO BE APPROVED.

SO HOPEFULLY THAT'S WILL ENHANCE THAT PIECE OF PROPERTY.

TOTALLY.

I TALKED TO THE HOMEOWNER TO THE LEFT HAND SIDE, AND HE'S GOT THE SAME PROBLEM AS THAT I HAVE IS, IT'S NOT BIG ENOUGH FOR ANYTHING COMMERCIALLY.

UH, IF, IF HE BOUGHT THAT OR I BOUGHT HIS, IT'S STILL EITHER THO THOSE TWO PIECES OF PROPERTY WOULD NOT BE VERY GOOD FOR A COMMERCIAL APPLICATION THERE.

SO AS, AS, AS THE BOARD CAN SEE, MOST OF SHIRLEY ROAD IS RESIDENTIAL.

AND THAT'S WHAT WE'D LIKE TO KEEP IT.

SO, UH, WE'D APPRECIATE THE YOU LOOKING AT IT AND APPROVING IT.

THANK YOU.

THANK YOU, MR. HARBIN.

UH, WE HAVE NOBODY ELSE SIGNED UP TO SPEAK TO THIS.

ANYBODY WISH TO ADDRESS THE COMMISSION WITH THAT, WE'LL CLOSE THE PUBLIC HEARING.

UH, ANY DISCUSSION AMONGST COMMISSIONERS? UH, I, I SEE THIS AS NOTHING MORE THAN AN IMPROVEMENT, UM, DRASTIC IMPROVEMENT.

I APOLOGIZE FOR MY VOICE BEING ABSENT TODAY.

UM, I MEAN THAT, THAT THE IMPROVEMENTS THAT THIS WILL MAKE IN THAT AREA, AND CERTAINLY WITH THE RUNOFF AS HE NOTED, UM, I THINK IT'S A GOOD USE OF, UH, GOOD USE OF THAT PROPERTY.

I'M JUST CONCERNED ABOUT THE WHOLE CONSTRUCTION PROCESS AND WHAT'S GONNA HAPPEN AND HOW WE'RE GONNA PREVENT ADDITIONAL RUNOFF INTO THE RIVER DURING, DURING THAT PROCESS, WHICH I KNOW THERE'S PLANS IN PLACE TO, TO DO THAT, BUT IT SEEMS LIKE A VERY, VERY TINY HOUSE ON A VERY, VERY TINY LOT.

AND THAT JUST, THAT JUST CONCERNS ME.

SO THAT'S MY THANK YOU MR. CRANE.

I HAVE NO ISSUE WITH THE REZONING AND MY HATS OFF TO ANY BUILDER WHO COULD PULL THIS OFF AND, UH, DO IT EFFECTIVELY.

MR. CHAIRMAN, I THINK THIS IS A GREAT USE OF THE, OF RESIDUAL PROPERTY HERE.

I THINK, UH, MS. HARBIN IS CORRECT.

MAJORITY IS SURELY, UH, IS RESIDENTIAL.

UH, I ALSO BELIEVE THE COUNTY'S GONNA BENEFIT FROM A LIVING SHORELINE.

IT'S GONNA IMPROVE THE PEOPLE AROUND THEM.

SO YOU'RE ACTUALLY INVESTING IN THE COMMUNITY, NOT JUST YOUR HOUSE.

IT'S GOOD DESIGN.

UH, I'M GONNA SUPPORT IT.

THANK YOU, MR. BROOKS.

ANYTHING? UH, I AGREE WITH MIKE.

I DON'T KNOW WHAT ELSE YOU COULD USE THIS FOR.

AND IT'S A, IT'S, IT'S A GOOD USE AND I HOPE IT'S A SUCCESSFUL USE.

THANK YOU.

I HAVE NOTHING TO ADD.

UH, A MOTION.

THANK YOU.

MAKE A, UH, UH, MOTION THAT WE A ADOPT PROPOSED RESOLUTION PC 25 0 8 TO THE BOARD.

THANK YOU.

MOTION MADE.

ROLL CALL PLEASE.

MOTION.

MY MR. SMITH IS PC 25 DASH OH EIGHT TO RECOMMEND APPROVAL OF AN APPLICATION TO REZONE 1 1 1 SHIRLEY ROAD.

MR. BROOKS? YES.

MR. KING? YES.

MR. KRINER? YES.

MR. SMITH? YES.

MR. CHAMBERLAIN? NO.

MR. WASSER? YES.

MOTION PASSES.

THANK YOU.

APPRECIATE

[Application No. UP-1042-25, S3 Storage Solutions: Request for a Special Use Permit, pursuant to Section 24.1-306 (category 14, no. 6a) of the York County Zoning Ordinance, to authorize the establishment of a single-story mini-storage warehouse facility on property consisting of a 0.4-acre parcel of land (GPIN S03d-3944-1427) located at 2100 George Washington Memorial Hwy (Route 17) and a 6.96 parcel of land (GPIN S03d-4491-1019) located at 2044 George Washington Memorial Highway (Route 17). The subject property is zoned GB (General Business) and designated General Business in the Comprehensive Plan. Staff Planner: Caitlin Aubut, ACIP, Acting Principal Planner]

WITH THAT, WE'LL MOVE ON TO THE NEXT PUBLIC HEARING AND TURN IT OVER TO STAFF.

ALRIGHT, GOOD EVENING.

SO THIS IS GONNA BE A SLIGHTLY ABRIDGED PRESENTATION CONCERNING TWO SPECIAL EAST PERMIT APPLICATIONS FOR A MINI STORAGE WAREHOUSE.

AND THEN RV STORAGE AT TWENTY ONE HUNDRED AND TWO ZERO FOUR FOUR GEORGE WASHINGTON MEMORIAL HIGHWAY.

LITTLE BIT OF BACKGROUND AND CONTEXT FOR THE PROPERTY.

SO IT'S HIGHLIGHTED IN CYAN THERE AND IT'S TWO PARCELS.

THE SMALLER ONE IS 2100, AND THEN WE HAVE THE LARGER ONE IN THE BACK THAT'S 2 0 4 4.

THAT MAKES UP THE BULK OF IT.

JUST A LITTLE BIT OF CONTEXT FOR WHAT'S AROUND THIS SITE.

WE HAVE SIMS METAL UP THERE TO THE NORTH TAB LAKES TO THE EAST, IMMEDIATELY ADJACENT TO THE EASTERN PROPERTY LINE.

THAT'S THE STORMWATER POND AND THE COMMON AREA.

AND THEN WE DO HAVE TWO SINGLE FAMILY HOUSES DOWN HERE.

WITHIN TAB LAKES TO THE SOUTH WE HAVE M AND J MOTORS.

AND THEN THIS IS THAT OFF-LEASH CANINE TRAINING, BUT THEIR PROPERTY EXTENDS ALL THE WAY BACK HERE.

THAT'S WOODED.

AND THEN ACROSS 17 WE HAVE THE EMERGENCY VET CLINIC AND THAT AUTOBELL UP THERE.

THIS IS A VIEW OF THE SKETCH PLAN.

SO YOU CAN SEE THE MAJORITY OF THE PROPERTY IS GONNA BE THAT MINI STORAGE USE WITH THE RV STORAGE PROPOSED HERE.

AND I'M GOING TO PAUSE THIS THERE.

UM, SO DURING STAFF'S REVIEW OF THE ZONING BACKGROUND OF THESE PROPERTIES, WE CAME ACROSS THE REZONING THAT OCCURRED IN 1993.

AND AT THE TIME, DIFFERENT ZONING ORDINANCE.

SO THE COMMERCIAL DESIGNATION AT THE TIME FOR THIS FRONT PART OF THE

[00:15:01]

AND WHAT HAPPENED IN 1993 WAS THE THEN PROPERTY OWNER HAD A CONDITIONAL REZONING OF THE REAR FOUR ACRES OF 2 0 4, 4 2 CONDITIONAL CG.

AND IT'S CONDITIONAL BECAUSE THEY INCLUDED SOME PROFFERS.

THESE PROFFERS WERE LARGELY CENTERED AROUND, YOU KNOW, PREVENTING IT.

'CAUSE THIS IS WHERE DUTIES WAS.

SO IT WAS PREVENTING IT FROM BEING A JUNKYARD AGAIN.

SO A LOT OF THAT WAS AROUND LIKE, YOU KNOW, NOT HAVING JUNK AND TRASH THERE, NOT HAVING AN OPERABLE VEHICLES, THINGS LIKE THAT.

1995 CURRENT ZONING ORDINANCE WAS ADOPTED.

SO AGAIN, THE FRONT PART OF THE PROPERTY, THIS CHANGES TO GB AND THEN GB CONDITIONAL.

'CAUSE AGAIN, PROFFERS, THEY RUN OFF THE LAND IN PERPETUITY UNTIL THERE'S AN ACTION TO AMEND OR REMOVE THEM.

WHERE THIS IMPACTS THESE PROPOSED APPLICATIONS IS FOR THE RV STORAGE.

SO ONE OF THE PROFFERS ON THAT REAR FOUR ACRE PORTION WHERE THE PROPOSED RV STORAGE IS ONE OF THE PROFFERS HAS A SPECIFIC LANGUAGE THAT STATES THAT VEHICLES STORED ON THE PROPERTY MUST BE TITLED IN THE NAME OF THE CURRENT PROPERTY OWNER.

THAT CONFLICTS WITH THE PREMISE OF RV STORAGE.

AS YOU KNOW, WE HAVE CUSTOMERS BRINGING THOSE VEHICLES IN.

SO WE HAD A DISCUSSION WITH THE APPLICANT AND THE PROPERTY OWNER AND THE CONCURRENCE WAS TO SUBMIT A REZONING APPLICATION TO AMEND TO THE PROFFERS.

NOW I WANNA POINT OUT THAT IT'S A REZONING APPLICATION IN THE SENSE THAT WE'RE PROPOSING TO AMEND THE PROFFERS TO REMOVE THAT.

WE'RE NOT CHANGING THE ZONING DESIGNATION.

SO IT'S NOT GONNA CHANGE FROM GB, IT'S GONNA REMAIN THAT.

UM, AND SO WITH THAT SUBMITTAL, AND THESE ARE THE PROFFERS, AGAIN, THE PROPOSAL IS JUST TO REMOVE THIS LANGUAGE UP HERE.

BUT WE'RE GOING TO PROPOSE TO KEEP THE REST OF THOSE PROFFERS.

'CAUSE AGAIN, THE, THE PURPOSE OF THEM IS TO AGAIN, PREVENT A JUNKYARD.

THAT'S GOOD.

WE LIKE THAT.

UM, WE'RE JUST REMOVING THIS PROBLEMATIC LANGUAGE THAT WOULD PRECLUDE THAT RV STORAGE USE.

SO TO THAT END, THE REQUEST TONIGHT IS TO CONTINUE THESE TWO SPECIAL USE PERMIT APPLICATIONS TO THE APRIL 9TH HEARING.

UM, WHEN THIS REZONING REQUEST FOR THE PROFFERS KIND OF CAME UP, UM, THE PUBLIC HEARINGS TONIGHT HAVE ALREADY BEEN ADVERTISED, SO WE HELD THEM.

BUT AGAIN, WE KIND OF, WHAT WOULD BE WOULD LIKE ASK THE COMMISSION TO DO IS TO CONTINUE THESE HEARINGS SO WE CAN CONSIDER FOR YOU THE TWO S AND THE PROFFER AMENDMENT REQUEST AT THE SAME TIME.

'CAUSE THEY'RE ALL INTERRELATED.

SO TO THAT END AGAIN, WE WOULD CONTINUE THIS MEETING TO THE APRIL 9TH, 2025 PLANNING, COMMISSION MEETING.

AND WE WOULD CONSIDER ALL THREE AT THE SAME TIME CONCURRENTLY.

AND AT THAT TIME WE'LL ALSO HAVE THAT FULL STAFF REPORT AND A PRESENTATION.

AGAIN, WE'RE GONNA TALK ABOUT THE MINI STORAGE, WE'RE GONNA TALK ABOUT THE RV STORAGE, ABOUT THE PROFFER AMENDMENT, HOW THOSE ALL RELATE AND KIND OF DIG INTO THE FULL PRESENTATION AT THAT TIME.

SO IF THAT, THAT'S THE END OF MY BRIDGE PRESENTATION.

APPLICANT DID ATTEND TONIGHT.

IF YOU HAVE ANY SPECIFIC QUESTIONS FOR HIM.

UM, AGAIN, WE'RE KIND OF REQUESTING THAT THIS JUST BE CONTINUED AND WE BRING IT BACK IN FULL NEXT MONTH.

SO.

ALRIGHT.

THANK YOU.

SO MY UNDERSTANDING IS BECAUSE OF THE PROFFERS, WE WANT TO CONTINUE IT A MONTH.

MM-HMM .

UH, AND SO, BUT SINCE WE ADVERTISED AND I LAST COUNCIL THIS SINCE WE ADVERTISED, UM, THE PUBLIC HEARING, WE HAVE TO OPEN THAT.

CAN WE DO THAT SIMULTANEOUSLY BOTH TOGETHER OR DO WE NEED TO DO THEM SEPARATELY? I THINK YOU WOULD NEED TO DO THEM BOTH SEPARATELY.

OKAY.

SO, WE'LL SINCE THEY'RE TWO SEPARATE APPLICATIONS, WE'LL OPEN ONE AND THE OTHER.

SO ANY QUESTIONS FOR STAFF? OKAY.

NO QUESTIONS FOR STAFF.

WITH THAT, WE'LL OPEN THE PUBLIC HEARING.

UH, I GUESS I HAVE TO BANG THIS, UH, AND, UH, ASK IF, UH, THERE'S ANYBODY THAT WOULD LIKE TO SPEAK.

THE APPLICANT IS WELCOME TO COME UP AND SPEAK.

THIS IS FOR THE FIRST ONE.

UM, OKAY.

SEEING NONE.

ANYONE ELSE WOULD LIKE TO ADDRESS THAT? SEEING NONE WILL BANG THE GOL AGAIN AND CLOSE IT.

UH, AND ANY DISCUSSION AMONGST COMMISSIONERS WITH YES, GO AHEAD.

YOU'RE NOT CLOSING IT, YOU'RE KEEPING IT OPEN.

OH, I'M SORRY.

WITHOUT THAT.

YEAH.

SO WE WILL CONTINUE IT INSTEAD OF, DO I HAVE TO? THAT'S THE MOTION.

YOU ARE LOOKING FOR A MOTION TO CONTINUE THE PUBLIC HEARING TILL THE APRIL 9TH PLANNING COMMISSION MEETING.

AND THEN WE'LL JUST REPEAT THAT AGAIN.

I'LL TRY.

CHAIRMAN, I MAKE A MOTION TO CONTINUE THIS, UH, PUBLIC HEARING FOR THE MANY WAREHOUSE STORAGE TO THE APRIL 9TH MEETING.

ALRIGHT, A MOTION'S BEEN MADE.

ROLL CALL PLEASE.

THE MOTION BY MR. KING IS TO CONTINUE THE PUBLIC HEARING OF APPLICATION UP 10 42 DASH 25 TO THE APRIL 9TH, 2025.

PLANNING COMMISSION.

MEETING.

MR. KING? YES.

MR. KRINER? YES.

MR. SMITH? YES.

MR. CHAMBERLAIN? YES.

MR. BROS? YES.

MR. WMAN? YES.

MOTION PASSES.

AND THEN YOUR NEXT MOTION WOULD BE

[Application No. UP-1043-25, S3 Storage Solutions: Request for a Special Use Permit, pursuant to Section 24.1-306 (Category 12, No. 18a) of the York County Zoning Ordinance, to authorize the establishment of a recreational vehicle storage facility on property consisting of a 0.4-acre parcel of land (GPIN S03d-3944-1427) located at 2100 George Washington Memorial Hwy (Route 17) and a 6.96-acre parcel (GPIN S03d-4491-1019) located at 2044 George Washington Memorial Highway (Route 17). The subject property is zoned GB (General Business) and designated General Business in the Comprehensive Plan. Staff Planner: Caitlin Aubut, AICP, Acting Principal Planner]

OKAY.

SO WE NEED TO OPEN THE PUBLIC HEARING FOR THAT.

CORRECT.

[00:20:01]

ANYBODY WISH TO SPEAK TO THIS HEARING? NONE WILL CONTINUE IT TO APRIL 9TH.

UH, MOTION PLEASE.

I MAKE A MOTION TO GO AHEAD, TOM.

I'M SORRY.

GO AHEAD.

I MAKE A MOTION TO CONTINUE THIS PUBLIC HEARING UNTIL APRIL 9TH.

ROLL CALL PLEASE.

THE MOTION BY MR. CHAMBERLAIN IS TO CONTINUE THE PUBLIC HEARING OF APPLICATION UP 10 43 DASH 25 TO THE APRIL 9TH, 2025 PLANNING COMMISSION.

MEETING.

MR. KLEINER? YES.

MR. SMITH? YES.

MR. CHAMBERLAIN? YES.

MR. BROOKS? YES.

MR. KING? YES.

MR. WATMORE? YES.

MOTION PASSES.

THANK YOU.

APPRECIATE IT.

SORRY TO MAKE IT SO CONFUSING.

.

IT'S COMMON SENSE.

I GUESS SO.

ALRIGHT, WITH

[Application No. UP-1045-25, Daniel & Bridget Carver: Request for a Special Use Permit, pursuant to Section 24.1-414.1(k) of the York County Zoning Ordinance, to authorize a reduced setback for a chicken coop on a 0.7-acre parcel (GPIN U05a1070-4696) located at 201 Fairfield Drive (Route 783). Residential chicken enclosures are required to be setback at least ten feet from any property line and the applicant is requesting a one-foot setback. The property is zoned RR (Rural Residential) and designated Low-Density Residential in the Comprehensive Plan. Staff Planner: Jeanne Sgroi, Senior Planner]

SO, OKAY.

SO THIS APPLICATION IS A REQUEST FOR A SPECIAL USE PERMIT TO AUTHORIZE A REDUCED SETBACK FOR A CHICKEN ENCLOSURE LOCATED AT 2 0 1 FAIRFIELD DRIVE.

SO THE SEVEN TENTHS OF AN ACRE SUBJECT PROPERTY IS ZONED RR FOR RURAL RESIDENTIAL AND DESIGNATED LOW DENSITY RESIDENTIAL.

IN THE COMPREHENSIVE PLAN TO THE NORTH IS FAIRFIELD DRIVE AND THREE SINGLE FAMILY RESIDENCES.

BEYOND TO THE EAST IS ONE SINGLE FAMILY RESIDENCE.

TO THE SOUTH IS HUNTER'S CREEK AND TWO SINGLE FAMILY RESIDENCES ON COVE CRESCENT.

AND TO THE WEST IS ONE SINGLE FAMILY RESIDENCE ON LAKEVIEW DRIVE AND ONE NEXT DOOR ON FAIRFIELD DRIVE.

THE APPLICANT SEEK AUTHORIZATION FOR REDUCED SETBACKS FOR THEIR CHICKEN ENCLOSURE LOCATED IN THE BACKYARD OF 2 0 1 FAIRFIELD DRIVE.

IN PINEY POINT ESTATES SECTION 24.10, EXCUSE ME, TECHNICAL DIFFICULTIES .

SO SECTION 24.1 DASH 4 4 1 F OF THE ZONING ORDINANCE STATES THAT ALL PENS, COOPS, OR CAGES SHALL BE SITUATED AT LEAST 10 FEET FROM THE ADJOINING PROPERTY.

UH, FROM ADJOINING PROPERTY LINES.

THE APPLICANTS ARE REQUESTING REDUCED SETBACKS RANGING FROM ZERO TO ONE FOOT FROM THE WESTERN SIDE PROPERTY LINE SECTION 24.1 DASH 4 4 1 K STIPULATES THAT PROPOSALS FOR CHICKEN ENCLOSURES OF LESS THAN 10 FEET MAY BE APPROVED BY SPECIAL USE PERMIT.

THE APPLICANT'S CHICKEN ENCLOSURE HAS THREE COMPONENTS.

A CHICKEN COOP, AN ATTACHED SHELTERED CHICKEN RUN, AND AN UNSHELTERED CHICKEN RUN ALONG THE FENCE THAT RUNS ALONG THE PROPERTY LINE.

THE APPLICANTS INSTALLED A NEW PREFABRICATED SHED APPROXIMATELY ONE FOOT FROM THE WESTERN PROPERTY LINE THAT ABUTS 1 0 7 FAIRFIELD DRIVE TO SERVE AS THE THEIR CHICKEN COOP.

THE APPLICANTS ALSO BUILT A SHELTERED CHICKEN RUN EXTENDING OFF THE SHEDS NORTH SIDE.

IT'S ALSO SET BACK APPROXIMATELY ONE FOOT FROM THE PROPERTY LINE.

FINALLY, THE APPLICANT'S ADDED AN UNSHELTERED CHICKEN RUN ALONG THE FENCE.

THIS RUN IS, UH, COMPOSED OF CHICKEN WIRE THAT'S ATTACHED TO THE FENCE AND IT CONNECTS TO THE SHELTERED CHICKEN RUN.

THE UNSHELTERED CHICKEN RUN ALONG THE FENCE IS NOT SET BACK FROM THE PROPERTY LINE.

THE SERIAL PHOTO OF THE PROPERTY WAS TAKEN BEFORE THE NEW SHED AND ACCESSORY CHICKEN ENCLOSURES WERE ADDED, BUT THE PRE-FABRICATED SHED WAS PLACED IN THE SAME LOCATION AS THE ONE IN THIS PHOTO.

SO SECTION 24.1 DASH 4 1 4 1 J REQUIRES PROPERTY OWNERS TO FILE FOR ADMINISTRATIVE CHICKEN KEEPING PERMITS SO STAFF CAN REVIEW AND VERIFY THAT PROPOSALS MEET THE STANDARDS OF THE ZONING ORDINANCE BEFORE THEY ESTABLISH A BACKYARD CHICKEN KEEPING OPERATION.

ON OCTOBER 7TH, 2024, THE COUNTY'S ZONING AND CODE ENFORCEMENT OFFICE RECEIVED A COMPLAINT FROM A CITIZEN REGARDING THE APPLICANT'S CHICKEN KEEPING OPERATION.

STAFF VERIFIED THAT THE APPLICANT'S DID NOT HAVE A CHICKEN, A CHICKEN KEEPING PERMIT ON FOR UM, FURTHER ACTIVE CHICKEN KEEPING, UH, OPERATION.

DURING A SITE VISIT ON OCTOBER 25TH, 2024, IT WAS VERIFIED THAT THE CHICKEN ENCLOSURE DID NOT ADHERE TO THE REQUIRED 10 FOOT SETBACK ON NOVEMBER 8TH, 2024.

UH, THE COUNTY ISSUED A NOTICE OF VIOLATION GIVING THE APPLICANT'S 15 DAYS TO OBTAIN AN ADMINISTRATIVE CHICKEN KEEPING PERMIT.

HOWEVER, UH, THE PERMIT CANNOT BE ISSUED UNLESS THE CHICKEN KEEPING OPERATION COMPLIES WITH THE STANDARDS, UH, SET FORTH IN THE CODE.

THEREFORE, THE APPLICANTS MUST EITHER RELOCATE THEIR CHICKEN ENCLOSURE TO BE 10 FEET FROM THE PROPERTY LINE AND RECEIVE AN ADMINISTRATIVE CHICKEN KEEPING PERMIT TO COMPLY WITH THE CODE OR OBTAIN A SPECIAL USE PERMIT FOR REDUCED SETBACKS IN THEIR NARRATIVE.

THE APPLICANTS OFFER SEVERAL REASONS WHY THEY CAN'T MOVE THEIR CHICKEN COOP AND RUNS, INCLUDING THE RESOURCE PROTECTION AREA OR RPA BUFFER, TOPOGRAPHY, SOIL TYPE AND RISK OF OF CONTAMINATION.

SO I'LL DISCUSS THE RPA BUFFER FIRST.

A PORTION OF THE SUBJECT PROPERTY IS WITHIN THE 100 FOOT RPA BUFFER, WHICH LIMITS THEIR CHICKEN ENCLOSURE.

LOCATION OPTIONS.

THE RPA BUFFER IS SHOWN HERE IN PINK.

UH, TWO METHODS WERE USED TO VERIFY THAT THE CHICKEN ENCLOSURE CAN BE MOVED TO A LOCATION THAT RESPECTS THE 10 FOOT SETBACK AND IS OUTSIDE OF

[00:25:01]

FIRST STAFF OVERLAID THE RPA BUFFER INFORMATION ONTO AN AERIAL IMAGE OF THE PROPERTY.

THEN STAFF CONDUCTED A SITE VISIT AND VISUAL ASSESSMENT OF THE PROPERTY.

ACCORDING TO THESE ASSESSMENTS, THE CHICKEN ENCLOSURE CAN BE MOVED TO SEVERAL LOCATIONS ON THE PROPERTY.

THESE NEW LOCATIONS WOULD NOT CONFLICT WITH THE RPA BUFFER.

UH, TO ILLUSTRATE THAT FOR YOU, I'VE OUTLINED THE OLD SHED, UH, SHOWN IN THIS AERIAL PHOTO AND ADDED SOME LENGTH TO REPRESENT THE SHELTERED CHICKEN RUN ADDITION.

YOU CAN SEE THAT THERE ARE SEVERAL LOCATIONS THAT THE CHICKEN ENCLOSURE COULD BE MOVED TO.

SO NEXT I'LL DISCUSS TOPOGRAPHY AND SOIL.

SO THE APPLICANT STAYED IN THEIR NARRATIVE THAT THE YARD IS CHARACTERIZED BY SLOPING UNEVEN TERRAIN.

ACCORDING TO THE COUNTY'S RECORDS, UH, THE TOPOGRAPHY OF THE, OF THE PROPERTY IS MOSTLY FLAT WITH SLOPING AT THE WATER'S EDGE ON THE SOUTHWEST SIDE OF THE PROPERTY.

THE PURPLE AND WHITE AREAS ON THIS IMAGE REPRESENT THE HIGH LAND WHILE THE BROWN, YELLOW AND GREENS INDICATE THE LOW AREAS.

THE APPLICANT STATED IN THEIR NARRATIVE THAT THE CHICKEN ENCLOSURE SITS ON THE FLATTEST AREA OF THEIR PROPERTY, AND THAT THE REST OF THE BACKYARD IS COMPOSED OF SOFT AND UNSTABLE SOIL, WHICH COULD LEAD THE ENCLOSURE TO SINK OR DROOP.

THE COUNTY KEEPS SOIL SURVEY RECORDS IN WHICH THE SOIL TYPES ARE DIVIDED INTO THREE CATEGORIES.

HIGHLY ERODIBLE LAND, POTENTIALLY HIGHLY ERODIBLE LAND, AND NOT HIGHLY ERODIBLE LAND.

ACCORDING TO THE COUNTY'S RECORDS, THE MAJORITY OF THE PROPERTY IS COMPRISED OF TWO TYPES OF SANDY LOAM, BOTH OF WHICH ARE CATEGORIZED AS NOT HIGHLY ERODIBLE LAND ONLY.

THE SOUTH WEDGE AT THE SOUTHWEST EDGE OF THE PROPERTY AT AT THE WATER'S EDGE HAS HIGHLY ERODIBLE LAND.

THE AREA WHERE THE CHICKEN ENCLOSURE IS CURRENTLY SITUATED HAS THE SAME SOIL STABILITY AS THE ALTERNATIVE LOCATION OPTIONS.

I'VE ALSO INCLUDED A PHOTO OF THE BACKYARD, SO, UH, SO YOU CAN GET A BETTER FEEL FOR THE TOPOGRAPHY.

THIS IS A PHOTO OF THE HOUSE AND THE CHICKEN ENCLOSURE TAKEN FROM THE BACK OF THE PROPERTY CLOSEST TO THE WATER.

NOW FINALLY, I'LL DISCUSS CONTAMINATION IN THEIR NARRATIVE.

THE APPLICANT STATE THAT RELOCATING THE CHICKEN ENCLOSURE CLOSER TO THE INGROUND POOL WOULD INCREASE THE RISK OF CONTAMINATING THE POOL WATER.

SHOULD CHICKEN WASTE BE INTRODUCED INTO THE AREA WHICH WOULD POSE HEALTH RISKS TO SWIMMERS.

MOVING THE ENCLOSURE CLOSER TO THE POOL WITH PROPER MITIGATION MEASURES SHOULD NOT INCREASE THE RISK OF A CONTAMINATION, ESPECIALLY BECAUSE THE LAND IS HIGHEST AT THE POOL AND JUST SLIGHTLY SLOPES TOWARDS THE PROPERTY LINE.

HOWEVER, IT SHOULD BE NOTED THAT UNDER THE APPLICANT'S OWN REASONING, THE CURRENT LOCATION OF THE CHICKEN ENCLOSURE SUGGESTS THAT CHICKEN WASTE COULD BE INTRODUCED INTO THE NEIGHBORING NEIGHBORING YARD AT THE PRESENT TIME.

FURTHERMORE, THE CHICKENS ARE ALLOWED TO ROAM FREE WITHIN THE BACKYARD.

THEREFORE, THE APPLICANTS ARE NOT CONCERNED WITH CONTAMINATION FROM THEIR ROAMING.

REQUESTS FOR DEVIATIONS FROM THE, UH, FROM THE SETBACKS REQUIRED IN THE ZONING ORDINANCE ARE USUALLY PROCESSED AS VARIANCES AND ADJUDICATED BY THE BOARD OF ZONING AND SUBDIVISION APPEALS.

HOWEVER, FOR BACKYARD CHICKEN KEEPING THE ZONING ORDINANCE REQUIRES REQUESTS FOR REDUCED SETBACKS FOR CHICKEN ENCLOSURES TO BE DETERMINED THROUGH THE SPECIAL USE PERMIT PROCESS.

THE ORDINANCE RECOGNIZES THAT A CHICKEN COOP MIGHT NOT BE ABLE TO OBSERVE THE 10 FOOT MINIMUM SETBACK IN SOME INSTANCES DUE TO THE UNIQUE PHYSICAL LIMITATIONS OF A PROPERTY.

HOWEVER, A DEVIATION FROM THE STANDARD MINIMUM SETBACK SHOULD NOT CREATE A DETRIMENTAL EFFECT ON ADJACENT PROPERTIES.

ALLOWING A CHICKEN COOP TO OBSERVE A LESSER SETBACK THAN REQUIRED BY THE ZONING ORDINANCE SHOULD BE BASED ON, UH, UNIQUE PHYSICAL OR ENVIRONMENTAL LIMITATIONS ON A PROPERTY AND NOT MERELY, UH, DUE TO AN INCONVENIENT SITUATION FOR THE PROPERTY OWNER.

THE 10 FOOT SETBACK FOR CHICKEN ENCLOSURES WAS DESIGNED TO PROTECT ADJACENT PROPERTIES FROM THE SPILLOVER EFFECTS.

CHICKEN KEEPING OPERATIONS CAN PRODUCE OR ATTRACT LIKE NOISE, ODORS, RUNOFF, FECAL MATTER FLIES, RODENTS AND OTHER PESTS.

THOUGH THE APPLICANT'S REQUESTED, UH, ZERO TO ONE FOOT CHICKEN ENCLOSURE, UH, SETBACK IS LIKELY TO BE DETRIMENTAL TO THE ADJACENT PROPERTY.

FURTHERMORE, THE APPLICANT SUGGEST THAT GIVEN THE TOPOGRAPHY SOIL TYPE AND THE RPA BUFFER, THE CHICKEN ENCLOSURE'S CURRENT POSITION IS THE ONLY SUITABLE LOCATION IN THEIR YARD.

BASED ON COUNTY RECORDS AND VISUAL OBSERVATIONS, THERE ARE SEVERAL LOCATIONS ON THE PROPERTY WHERE THE CHICKEN ENCLOSURE COULD BE RELOCATED THAT WOULD COMPLY WITH THE 10 FOOT SETBACK.

THESE ALTERNATIVE LOCATIONS WOULD BE INCONVENIENT FOR THE APPLICANTS BECAUSE THE CHICKEN ENCLOSURE COULD BE LOCATED IN THE MIDDLE OF THE AVAILABLE OPEN SPACE IN THEIR BACKYARD.

HOWEVER, INCONVENIENCES AND PREFERENCES FOR MORE LENIENT REGULATIONS ALONE ARE NOT LEGITIMATE REASONS FOR A CHICKEN ENCLOSURE TO OBSERVE A LESSER SETBACK.

THEREFORE, STAFF RECOMMENDS DENIAL OF THIS APPLICATION.

SHOULD THE COMMISSION WISH TO RECOMMEND APPROVAL STAFF RECOMMENDS THE APPLICANTS BE SUBJECT TO THE CONDITIONS SET FORTH IN PROPOSED RESOLUTION NUMBER PC 25 DASH OH SIX.

SO BEFORE I CONCLUDE, I WANNA LET YOU KNOW THAT THE APPLICANT SUBMITTED 17 LETTERS OF SUPPORT ORIGINATING FROM 11 HOMES

[00:30:01]

I OUTLINED THE SUBJECT PROPERTY IN RED AND THE THE HOMES THAT SUBMITTED LETTERS OF SUPPORT IN ORANGE.

THE NUMBERS THAT YOU SEE ON THE SCREEN, UH, SIGNIFY THE NUMBERS OF THE NUMBER OF LETTERS SUBMITTED FROM EACH HOME.

ALL THE OTHER ORANGE OUTLINED PROPERTIES SUBMITTED ONE LETTER.

SO I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE, UH, AND THE APPLICANTS ARE HERE TO SPEAK WITH YOU AS WELL.

THANK YOU.

ANY QUESTIONS FOR STAFF? UH, ONE QUESTION.

THE NOTICE OF VIOLATION WAS ISSUED IN 2023.

2024.

OKAY.

WHEN, WHEN WAS THE STRUCTURE BUILT, INSTALLED? I, I THINK YOU PROBABLY NEED TO ASK THE APPLICANT FOR THAT.

I'M NOT SURE.

OKAY.

SO HASN'T BEEN THERE FOR A WHILE.

THIS IS FAIRLY NEW.

I, I DON'T KNOW.

UM, I THINK THEY BOUGHT THE PROPERTY IN 2019, BUT I THINK THE APPLICANT COULD SHED MORE LIGHT ON THAT.

OKAY.

THANK YOU.

MR. CHAIRMAN.

LET ME ASK, UH, WHAT DRIVES THE 10 FOOT BUFFER? IS THAT LIKE A STANDARD KIND OF, UH, ZONING ORDINANCE OR IS THAT ONE THAT YORK COUNTY ADAPT ADOPTED OURSELVES OR IT'S A, A STANDARD THAT WE HAVE FOR A LOT OF OTHER USES.

UM, 10 FEET IS, IS SOMETHING THAT WE'LL PICK FOR SOMETHING OF THIS KIND OF INTENSITY.

OKAY.

AND I WOULD IMAGINE, I MEAN, OBVIOUSLY IF YOU OWN AN ACRE OR TWO, IT'S EASY TO COMPLY WITH THAT WHEN YOU'RE MORE IN A, A, A TIGHTER RESIDENTIAL THING.

THAT'S A LITTLE BIT TOUGH.

I I WOULD BE SURPRISED IF THERE WEREN'T A LOT OF CHICKEN OPERATIONS THAT ARE MORE UP AGAINST A FENCE THAN 10 FEET.

UH, DO WE HAVE ANY OTHER CIRCUMSTANCES THAT WE KNOW THAT WE'VE RUN AGAINST OR UPON, OR NO ONE HAS EVER APPLIED FOR THIS TYPE OF, UH, SEP AND THIS WAS KIND OF BROUGHT FORWARD BECAUSE OF SOMEBODY COMPLAINED THAT IT WAS TOO CLOSE OR, OR SOMETHING LIKE THAT? YES, SIR.

SO, OKAY.

ALRIGHT.

UH, ALRIGHT.

UH, WITH THAT, UH, THANK YOU STAFF.

WE'LL OPEN THE PUBLIC HEARING ON THIS.

I UNDERSTAND THE APPLICANTS ARE HERE.

THEY'VE NOT SIGNED UP, BUT IF THE APPLICANTS WOULD LIKE TO SPEAK, UH, YOU CAN.

OKAY.

, UH, AGAIN, UH, YOU'LL HAVE 10 MINUTES.

UH, WHEN THE YELLOW LIGHT COMES ON, THAT MEANS YOU HAVE 30 SECONDS LEFT.

IF YOU GO, WANT TO TAKE THE WHOLE 10 MINUTES, IF YOU'LL STATE YOUR NAME, UH, ADDRESS, UH, IN ADDRESSING THE COMMISSION.

THANK YOU.

GOOD EVENING.

I'M JUST HERE.

OKAY.

UH, DANIEL AND BRIDGET CARVER 2 0 1 FAIRFIELD DRIVE.

HELLO.

SO , LET'S LEARN HOW TO USE THIS THING.

SO, UM, WE, WE'VE BEEN KEEPING CHICKENS FOR TWO YEARS, SO IT'S FAIRLY NEW TO US.

WE'VE BECOME QUITE INVOLVED.

YES, YES.

.

UM, JUST A YEAR AGO WE REPLACED AN OLD SHED WITH A NEW PREFAB SHED THAT YOU CAN SEE.

UM, IT WAS IN THIS SAME LOCATION AS THE OLD SHED.

IT WAS JUST BY NATURE.

WE PUT IT IN THE SAME SPOT.

UM, THE OLD SHED WAS THERE FOR YEARS AND YEARS AND WAS NOT AN ISSUE.

SO AT THE TIME, OUR CHICKENS NEEDED A LARGER COOP.

THEY HAD OUTGROWN THE STARTER COOP.

UM, THEY NEEDED MORE, YOU KNOW, SECURITY MEASURES, IT, CHICKENS NEED THINGS, A LOT OF THINGS, OR MAYBE MINE ARE JUST SPOILED.

UM, SO WITH THE SHED, THE NEW SHED, WE SECTIONED OFF A SMALL PORTION OF IT FOR THE COOP.

THAT'S WHERE THE HENS NEST TO LAY EGGS AND ROOST AT NIGHT.

THAT'S WHERE THEY'RE SAFE AT NIGHT.

THEN WE ATTACHED A SCREEN AND RUN AND AN ADDITIONAL FENCE, UH, UH, ADDITIONAL, UM, UNCOVERED RUN, RUN ALONG THE FENCE LINE WHERE THEY SPEND A LOT OF TIME FORAGING, FINDING SHADE, DIRT BATHING.

THAT'S A FUN THING TO WATCH.

THIS IS, UM, JUST SOME, SOME IMAGES THAT CAN SHOW YOU, YOU KNOW, THE PREFAB SHED CAME AS A SHELL.

DANIEL BUILT IT.

IT'S REALLY NOT HALF AND HALF.

IT'S PROBABLY THREE OR FOUR FEET OF THE SHED THAT'S PART OF THE, THE COOP.

UM, MAYBE HARD TO TELL, BUT YEAH.

AND SO, AND THE REST OF THE SHED IS STORAGE.

UM, BUT, UM, DID YOU WANNA SPEAK TO THAT? NO.

YEAH.

SO THE, IT WAS BUILT FOR THE SAFETY OF THE CHICKENS.

IT'S UP OFF THE GROUND.

UM, IT'S, UH, WATERTIGHT, AIRTIGHT.

UM, IT IS, IT'S GOT LAMINATE ON THE GROUND ON THE FLOOR OF THE, UM, OF THE COOP ITSELF.

SO NOTHING SEEPS THROUGH INTO THE WOOD BECAUSE IT WOULD ROT THE WOOD, IT WOULD LEAK OUT.

SO THAT'S, UH, TO HELP WITH MITIGATION OF FE MATTER.

IT'S ALSO, IT MAKES IT SUPER EASY TO CLEAN.

PRESSURE WASHING IS, YOU KNOW, EASILY DONE MULTIPLE TIMES THROUGHOUT, YOU KNOW, THE WEEK ANYWAY.

UM, SO LET'S TALK ABOUT THE CURRENT LOCATION AND WHY IT'S THERE .

UM, WE DO RESPECT

[00:35:01]

UM, THAT INSURANCE COMPLIANCE WITH ENVIRONMENTAL REGULATIONS, THE EXISTING LOCATION, YOU KNOW, IT PRESERVES THE ECOSYSTEM.

I DON'T KNOW ABOUT Y'ALL IN YOUR COUNTY, BUT I HAVE LOTS OF OTHER THINGS IN MY YARD.

WE HAVE DUCKS, NOT THAT I OWN OR, OR KEEP, BUT WE HAVE DUCKS THAT, UM, VISIT.

WE HAVE, YOU KNOW, GEESE, FLOCKS AND FLOCKS OF GEESE.

WE HAVE LOTS OF OTHER THINGS THAT EXIST IN OUR, I MEAN, IN OUR YARD COMMUNITY.

YEAH.

YEAH.

UM, I THINK AVOIDING, YOU KNOW, UNNECESSARY DISRUPTION, YOU KNOW, KNOW, MIGHT BE SOMETHING TO CONSIDER.

UM, THE LOCATION IS, IT PROVIDES SAFETY AND PROTECTION.

THE ADJACENT FENCE REALLY IS KIND OF CRUCIAL, UM, AS A NATURAL BARRIER AGAINST PREDATORS.

UM, THEY DO FREE RANGE, BUT THEY HAVE, UM, LEMME EXPAND ON THAT.

WELL, YOU CAN, THERE'S A SLIDE FOR THAT.

YOU GET TO IT.

OKAY.

UM, BUT, BUT THE FENCE IS KIND OF, IT'S, IT'S, IT'S SUPER IMPORTANT FOR THE WAY IT'S STRUCTURED TO, YOU KNOW, IT'S IN IT, IT PROVIDES A BARRIER AGAINST PREDATORS AND, UM, INCLEMENT WEATHER.

OUR ARRANGEMENT DOES FULFILL KEY REQUIREMENTS SET FORTH FROM THE COUNTY, ASIDE FROM THE SETBACKS, WHICH IS WHY WE'RE HERE TODAY.

ALONG WITH, WITH ALL DUE RESPECT, IT IS A LOGICAL AND PRACTICAL CHOICE.

THE LOCATION OPTIMIZES THE USE OF OUR PROPERTY WHILE ENSURING OUR NEIGHBORS CAN FULLY ENJOY AND UTILIZE THEIRS.

THIS PERSPECTIVE OF OURS SHOULD NOT BE CONSIDERED A MERE FACTOR OF CONVENIENCE OR PREFERENCE AS IT ALIGNS WITH THE FUNDAMENTAL PR PRINCIPLES OF HOME HOME OWNERSHIP.

SKIP THAT ONE.

OKAY.

WE'RE GONNA SKIP THIS ONE.

BUT MAPS WERE USED THAT MAYBE WE SHOULDN'T RELY SO HEAVILY ON.

YOU DID A GREAT JOB, JEAN.

THANK YOU.

.

WE HAVE SEVERAL CHALLENGES OF RELOCATING THE COOP.

UH, SO PROXIMITY OF THE POOL AND RISK MANAGEMENT DURING THE POOL SEASON.

THE CHICKEN'S FREE RANGE ACTIVITIES ARE RESTRICTED TO PRIORITIZE SAFETY AND MINIMIZE THE RISK OF CONTAMINATION.

UH, SO WILDLY FREE RANGE WHEN THE POOL'S OPEN.

OKAY.

UM, WE'RE LOSING TIME.

.

OH, YEAH.

WHILE RELOCATING THE ENCLOSURE TO THE POOL MAY REDUCE ITS PROXIMITY TO OUR PROPERTY LINE, THE EXISTING FENCE HAS ACTS AS AN EFFECTIVE BARRIER FOR WASTE FOR, UH, EFFECTIVE BARRIER, FOR, FOR WASTE FOR ADJACENT NEIGHBORS.

THIS ENSURES THAT ANY POTENTIAL CONCERNS FROM OUR NEIGHBORS THAT ARE CONTAINED ARE ENTIRELY WITHIN OUR PROPERTY.

AS A RESULT, MOVING THE ENCLOSURE WOULD ONLY PROVIDE A N NEGLIGIBLE IMPACT FOR ADJACENT PROPERTIES WHILE INTRODUCING MORE SIGNIFICANT CONCERNS FOR US.

UH, LET ME JUST, LET, LET ME JUST, UM, EXPAND ON THIS.

AND I'M SORRY THAT IT'S, YOU KNOW, WASTE, BUT IT'S, IT DOESN'T RUN OFF.

IT'S, IT'S JUST LIKE CHICKEN DOG PICKING UP AFTER A DOG.

IT DOESN'T RUN OFF.

UM, IT CAN BE SCOOPED, IT CAN BE MOVED.

IT DOESN'T SEEP THROUGH A FENCE.

OKAY.

SO IT'S, IT'S ENTIRELY CONTAINED IN OUR YARD.

UM, THE CHICKEN ENCLOSURE INCORPORATES THE SAND.

YEAH.

UH, ANOTHER CHALLENGE RELOCATION IS ALL THE SAND THAT'S DOWN FOR DRAIN PROPER DRAINAGE, UH, THAT'S IN THAT, UH, COVERED RUN.

IT'S, UH, 1.5 TONS OF CONSTRUCTION SAND.

UM, AND IT'S HELPS MAINTAIN A DRY AREA FOR THE CHICKENS.

IT'S, IT'S PROPER DRAINAGE.

IT'S PROPERLY DRAINED.

IT'S CRITICAL.

CRITICAL.

IT'S EASILY MAINTAINED A CLEAN, YOU JUST RAKE IT, IT WITHOUT REPLACING THE ENTIRE, YOU KNOW, BED OF THE, THE RUN.

DISMANTLING AND REBUILDING THE ENCLOSURE.

REASSEMBLING THIS ENCLOSURE IN A NEW LOCATION.

COMPLEMENT THAT COMPROMISES INTEGRITY AND DURABILITY.

PREPARING A WHOLE NEW SITE WOULD INVOLVE RECONSTRUCTING AN ALREADY ESTABLISHED AND FULLY FUNCTIONAL ECOSYSTEM THAT OPERATES EFFICIENTLY AND SEAMLESSLY.

THE CURRENT LOCATION MEETS KEY, KEY CRITERIA FOR CHICKEN WELFARE, INCLUDING SECURITY DRAIN ENGINE CARE.

I'M GONNA KEEP MOVING BECAUSE WE DON'T HAVE A LOT OF TIME.

LET'S TALK ABOUT 10 FOOT SETBACK.

THIS IS AN A SUBSTANTIAL PORTION OF YARD SPACE.

THE SETBACK CREATES A HUGE BUFFER ZONE.

I KNOW HUGE IS SUBJECTIVE, BUT IT'S A LARGE AREA OF SPACE THAT CAN'T BE EFFECTIVELY UTILIZED.

THIS SPACE BECOMES NEITHER PRODUCTIVE NOR FUNCTIONAL.

IT CANNOT BE REPURPOSED FOR GARDENING, RECREATION, OR STORAGE.

THE VACANT SPACE OFFERS NO ADDED VALUE TO US, OUR NEIGHBORS OR THE COMMUNITY.

SO, JUST TO TOUCH ON THAT, WHEN SHE WAS MOVING THE RED BOX AROUND TO WHERE TO RELOCATE.

SO FROM THE FENCE LINE TO THE POOL DECK IS 43 FEET.

THE STRUCTURE ITSELF IS 10 FEET.

SO 10 FEET OFF THIS PROPERTY LINE, PLUS THE 10 FEET OF THE CHICKEN COOP.

THAT'S AT 20 FEET OF A 43 FOOT SPACE.

SO IT'S IN THE MIDDLE OF THE YARD, ESSENTIALLY, WHICH MAY TO SOME BE CONSIDERED INCONVENIENT.

BUT YOU BUY A PROPERTY FOR THE WHOLE PROPERTY, YOU KNOW, YOU DON'T BUY A PROPERTY AND MAYBE YOU'RE GONNA, YOU KNOW, USE 90% OF IT, BUT THE OTHER JUST GOES TO WASTE.

[00:40:01]

THE COOP MEETS THE RELOCATING THE COOP TO MEET THE SETBACK REQUIREMENTS.

THERE'S NO TANGIBLE BENEFITS.

THE CURRENT PLACEMENT DOES NOT CAUSE ANY ISSUES THAT THE SETBACK RULE DESIGNED TO ADDRESS ODOR, NOISE, WASTE MANAGEMENT.

THE FENCE IS AN INTEGRAL PART OF THE ENCLOSURE AND ENSURES THAT THE CONCERNS ARE EFFECTIVELY MANAGED AND CONTAINED WITHIN OUR PROPERTY.

WE OPPOSE THE CONCLUSION THAT THE CURRENT LOCATION IS DE DETRIMENTAL TO ADJACENT PROPERTIES IN ANY WAY.

YORK COUNTY HAS CHANGING NEEDS.

RECENTLY, YOU ALL PLANNING COMMISSION UNANIMOUSLY PASSED A MOTION TO PERMIT KEEPING OF DUCKS.

YORK COUNTY IS DUCK FRIENDLY AS WELL AS ALLOWING POULTRY KEEPING WITHIN PLANNED DEVELOPMENTS AND A PROCEDURAL CHANGE THAT REMOVES SUVS FOR SETBACKS.

THESE CHANGES HIGHLIGHT THE COUNTY'S WILLINGNESS TO ADAPT AND UPDATE HIS POLICIES TO ACCOMMODATE EVOLVING COMMUNITY NEEDS AND GROWING INTEREST IN BACKYARD POULTRY KEEPING.

IT'S WORTH MENTIONING THAT BY ALLOWING POULTRY KEEPING AND PLAN DEVELOPMENTS WHERE LOT SIZES ARE TYPICALLY SMALLER.

I THINK YOU MIGHT HAVE TOUCHED ON THAT, MR. CHAIRMAN.

THE COUNTY WILL MORE THAN LIKELY NEED TO ADDRESS THE CURRENT SETBACKS FOR PRACTICAL IMPLEMENTATION.

HERE YOU ARE APPROVED COMMUNITY CONSIDERATIONS.

NOISE HENS ARE VERY QUIET IN NATURE.

THEY, ONCE THEY LAY AN EGG, THEY HAVE AN EGG ON.

UM, IT'S ABOUT AS LOUD AS A LAWNMOWER IN THE DISTANCE AND LASTS ABOUT TWO MINUTES.

PEST.

WE TREAT THE SHED COOP AND RUN WEEKLY WITH AGRICULTURAL LIME.

PREVENTS F FLEES, TICKS, MITES AND FLIES.

NOT ONE FLY.

DID WE HAVE THIS SUMMER? NOT ONE.

OKAY, KEEP GOING.

OKAY.

SORRY.

I'M EXCITED.

.

IT IS EFFECTIVE AND SAFE FOR PEOPLE, PESTS AND, AND THE PLANET ODOR.

WE, WE USE PREMIUM PRODUCTS FOR MOISTURE, ODOR, AND PEST CONTROL.

THE COOP IS CLEANED DAILY WASTE MANAGEMENT.

IT'S SIMILAR TO PICKING UP AFTER A DOG.

IT IS REPURPOSED INTO NUTRIENT RICH COMPOST AND GREAT FOR MY GARDEN.

COMMUNITY ENGAGEMENT.

WE'VE KEPT AN OPEN, ENGAGING DIALOGUE WITH OUR NEIGHBORS.

WE HAVE CONSISTENTLY RECEIVED POSITIVE FEEDBACK.

SORRY, I'M TALKING WITH MY HANDS.

UM, WHERE THERE WE'VE RECEIVED NO OBJECTIONS OR CONCERNS FROM OUR NEIGHBORS EVEN WHEN WE REACHED OUT FOR FEEDBACK.

WE HAVE COLLECTED MULTIPLE SIGNATURES FROM OUR COMMUNITY IN FAVOR OF OUR SPECIAL USE PERMIT.

IN CONCLUSION, OUR RESPONSIBLE CHICKEN KEEPING PRACTICES AND COMMUNITY SUPPORT PROVIDE EVIDENCE THAT A REDUCED SETBACK WOULD NOT COMPROMISE THE INTENT OF THE REGULATIONS.

I HEAR YOU.

WHICH AIM TO ENSURE HARMONY AND MINIMIZE THE IMPACT TO OUR NEIGHBORS.

SHOULD THE COMMISSION RECOMMEND APPROVAL, WE WOULD GLADLY COMPLY WITH THE CONDITIONS SET FORTH.

THANK YOU.

WE APPRECIATE YOUR APPRECIATION.

THANK YOU.

SO, UH, WITH THAT, UH, WE'LL CONTINUE ON WITH THE PUBLIC HEARING.

WE HAVE SEVERAL PEOPLE SIGNED UP TO SPEAK.

UH, THE FIRST, UH, ROBERT O'CONNELL AGAIN.

UH, YOU HAVE THREE MINUTES.

UH, WHEN THE YELLOW LIGHT COMES ON, YOU HAVE 30 SECONDS.

IF YOU'LL STATE YOUR NAME, UH, AND ADDRESS PLEASE.

THANK YOU, MR. O'CONNELL.

GOOD EVENING.

I'M ROBERT O'CONNELL.

I'M THE PROPERTY OWNER OF 1 0 7 FAIRFIELD DRIVE, THE ADJACENT PROPERTY.

UM, I AGREE WITH THE COUNTY IN DENIAL OF THIS.

WE ARE THE ONLY ONES THAT ARE TRULY DIRECTLY AFFECTED BY THIS CHICKEN COOP.

I KNOW 17 OTHER PEOPLE SIGNED OFF ON THIS, BUT WE WERE NEVER APPROACHED ON THIS.

WE JUST SHOWED UP ONE DAY AND THERE'S ALL OF A SUDDEN THERE'S A SHED IN A COOP THERE.

UM, WE SEE THE RUN.