Planning Commission - Regular Meeting

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e e e [Music] [Applause] [Music] thank you we'll call to 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 crer here Mr Smith here Mr wasmer here Mr chairman you have a quorum thank you would join me in the Pledge of Allegiance please Al to the FL the United States of America to stands Nation thank you um we have a little bit of an agenda tonight the first action will be approval of the minutes I think

the commissioner's got uh not only the 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 not Mr chairman I'll make a motion to approve the February 12th uh regular meeting and the February 12 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 2020 Mr Chamberlain yes Mr Brooks yes Mr King yes Mr crer yes Mr Smith abstain absent Mr wasmer 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 have one more one we only did one minutes I I know Mr King he motioned for both but um we have to do them separate yeah we have to do them separate so we would assume that's for the first would you like to make another one Mr King we got you we got you just let her call the rooll for the second vote yeah the motion by Mr King is to adopt the minutes of the work session on February 12 2025 Mr Brooks yes Mr King yes Mr kryer yes Mr Smith obain Mr Chamberlin yes Mr wasmer still Yes motion passes all right thank you and with that we'll now move to Citizens comment 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 then 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 before we get going uh would you mind reading the statement for the Planning Commission thank you just so we're off trying to move too fast here so 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 okay 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 111 Shirley Road so the 16th the 1600th of an acre subject property is Zone 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 111 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 and 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 on Shirley Road which average approximately 8/10 of an acre in size furthermore an approximately 900s 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 ft 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 ches Bay board by virtue of the property's location within the RPA buffer any development of the property would encroach more than 50 ft in to 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 Zone 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 our residential rezoning the subject property to RR would align with the predominant zoning pattern of the surrounding area so the subject property phys 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 resoning would be consistent with the established neighborhood pattern therefore staff recommends approval of this application through the adoption of proposed resolution number PC 25-8 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 I I do have one question if you could bring up the the plot itself it I'm very familiar with that piece of property actually I developed the house it's across the street from that years ago for 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 u proposed Beach Sandy Beach area is that is the outfalls or are they part of the property or is that part of the EAS or how does that work into the the site plan 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 it's up 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 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 beachfront away

right so yes I I believe those address specifically on here that's what I wanted to that questions okay thank you very much any other questions for staff all right thank you with that we'll open the public hearing and I think first we have Wayne Harbin to speak if you'll State your uh name address please and uh you have oh you have 10 minutes is the applicant if you want to I won't take 10 minutes Wayne Harbin uh 125 Shirley road I'll address what you were asking where that cver is is actually in that piece of property the living Shoreline will take and come in on it on that uh Eastern side and that c would be to the outside of it and that's probably why a lot of that uh property and on the commercial side has been taken away is because of of that cver and 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 the uh high tide it won't be that much once we get that done so uh 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 a homeowner to the left-and side and he's got the same problem this that I have is it's not big enough anything commercially uh if if he bought that or I bought his it still either th 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' appreciate uh 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 certainly with the runoff as he noted um I think it's a good use of uh good use of that I'm just concerned about the whole construction process and what's going to happen and how we're going to 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 that's my thank you Mr CR 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 of residual property here I think uh harbin's correct majority of surely uh is residential uh I also believe the county is going to benefit from a living Shoreline it's going to improve the people around them so you're actually investing in the community not just your house it's good design uh I'm going to support it thank you Mr Brooks anything I I agree Mike I don't know what else you could use this for and it's it's it's a good use and I hope it's a successful use thank you I have nothing to add a

motion thank you make a uh motion that we adopt proposed resolution PC 2508 board thank you motion made roll call please the motion my Mr Smith is toop PC 25-8 to recommend approval of an application to rezone 111 Shirley Road Mr Brooks yes Mr King yes Mr ker yes Mr Smith yes Mr Chamberlain no Mr wasman yes motion passes thank you appreciate that with that we'll move on to the next public heing and turn it over to staff all right all right good evening so this is going to be a slightly a bridg presentation concerning two special use permit applications for a Mini Storage warehouse and then RV storage at 2100 12044 George Washington Memorial Highway little bit of background in 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 2044 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 part property line that's the stormw water Pond and the common area and then we do have two single family houses down here within TBL Lakes to the South we have M&J Motors and then this is that offleash K9 training when their property extends all the way back here that's wooded and then across 17 we have the emergency vet clinic and then Auto Bell up there this is a view of the sketch plan so you

can see the majority of the property is going to 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 property was CG commercial General commercial what happened in 1993 was the then property owner had a conditional rezoning of the rear four acres of 2044 to conditional CG and it's conditional because they included some proffers these propers were largely centered around you know preventing it because this is where duties was so it's 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 on the front part of the property this changes to GB and then GB conditional because again proffers they run with 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 4 acre portion where the proposed RV storage is one of the propers has a specific language that states that Vehicles stored on the property must be titled in the name 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 resoning application to amend the propers now I want to point out that it's a resoning application in the sense that we're proposing to amend the propers to remove that we're not changing the zoning designation so it's not going to change from it's going to

remain that um and so with that submitt and these are the propers again the proposal is just to remove this language up here but we're going to propose to keep the rest of those propers because 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 resoning request for the propers 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 scps and the profer amendment request at the same time because 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 going to talk about the Mini Storage we're going to talk about the RV storage about the profer 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 right thank you so my understanding is because of the proffers we want to continue it a month uh and so but since we advertised and a 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 we 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 and okay seeing none anyone else would like to address that seeing none we'll bang the G again and close it uh and any discussion amongst Commissioners with yes go ahead you're not closing it you're keeping it sor without that so we will continue it instead of do I have to B that's the motion you're 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'd make a motion to continue this uh public hearing for the mini warehouse STS to the April 9th meeting all right a motion's been made roll call please the motion by Mr King is to continue the public hearing of application up 10422 to the April 9th 2025 Planning Commission meeting Mr King yes Mr kryer yes Mr Smith yes Mr Chamberlin yes Mr Brooks yes Mr wman yes motion passes and then your next motion would be to continue the RV Storage Public hearing until April 9th okay so we need to open the public hearing for that correct so we'll open the public hearing for that any body wish to speak to this hearing none we'll continue it to April 9th a motion please I'll make a motion go ahead I'm sorry I'll make a motion to continue this public hearing until April 9th roll call please the motion by Mr Chamberlin is to continue the public hearing of application up

1043-c Mr ker yes Mr Smith yes Mr Chamberlain yes Mr Brooks yes Mr King yes Mr watar yes motion passes thank you appreciate sorry to make it so confusing it's common sense I guess so are with that we'll move to the next uh public hearing so hey so this application is a request for a special use permit to authorize a reduced setback for a chicken enclosure located at 2011 Fair Field Drive the 7/10 of an acre subject property is zoned RR for Rural residential and designated low density residential and 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 Creek and two single family residences on Cove Crescent and to the West is one single family residents on Lake View Drive and one next door on Fairfield Drive the applicants seek authorization for reduced setbacks for their chicken enclosure located in the backyard of 2011 Fairfield Drive in Piney Point Estates section 24.1 oh excuse me technical difficulties so section 24.1 d414 point1 F of the zoning ordinance states that all pens coups 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 0 to 1 foot from the western side property line section 24.1 4141 K stipulates that proposals for chicken enclosures of less than 10 fet may be approved by special use permit the applicant's chicken enclosure has three components a chicken Coupe an attached sheltered Chicken Run and an unsheltered chicken run along the fence

that runs along the property line the applicants installed a new pre-fabricated shed approximately 1T from the Western property line that AB buts 107 Fairfield drive to serve as the their chicken coupe the applicants also built a sheltered Chicken Run extending off the shed's north side it's also set back approximately 1 foot from the property line finally the applicants 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 d414 point1 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 applicants did not have a chicken keeping permit on for um for their 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 applicants 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 coup and runs including the resource protection area or RPA buffer topography soil type and risk of cont 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-ft setback and is outside of the RPA buffer 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 the applicants state 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 applicants state 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 erodable land potentially highly erodable land and not highly erodable land according to the County's records the majority of the property is comprised of two types of Sandy LOM both of which are categorized as not highly erodable land only the South wedge the Southwest edge of the property at the water's edge has highly erodable land the area where the chicken enclosure is currently situated has the same so 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 applicants 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 contamination especially because the land is highest at the pool and just slightly slopes towards the property line however ever it should be noted that under the applicant's own reasoning the current location of the chicken enclosure suggests that chicken weights 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 Coupe might not be able to observe the 10-ft 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 Coupe 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 feal matter flies rodents and other pests so the applicants requested uh zero to one foot chicken enclosure uh setback is likely to be detrimental to the adjacent property furthermore the applicants suggest that given the topography soil type and the RPA buffer the chicken enclosure 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-ft 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 conventions set forth in proposed resolution number PC 25-06 so before I conclude I want to let you know that the applicant submitted 17 letters of support originating from 11 homes in the community I outline 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 one question the notice of violation was issued in 20 23 202 for okay when when was the structure built installed I I think you probably need to ask the applicant for that I'm not sure so it hasn't been there for a while this is fairly new 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 let me ask uh what drives the 10-ft buffer is that like a standard kind of uh zoning ordinance or is that one that York County adap 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 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 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 offense than 10 ft 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 SCP and this was kind of brought forward because of somebody complaining that it was too close or or something like that so okay all right uh all right 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 want to take the whole 10 minutes if you'll state your name address uh and

addressing the commission thank you good evening okay uh Daniel and brigard Carver 2011 Fairfield Drive hello so let's learn how 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 Coupe they had outgrown the starter Coupe um they needed more you know security [Music] measures 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 coupe 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 screened and run and an additional fence additional um uncovered 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's really not half and half it's probably three or four feet of the shed that's

part of the coupe um it may be hard to tell but yeah and so and the rest of the shed is storage um but um did you want to say 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 Coupee 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 FAL 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 the RPA buffer zone um that insures compliance with environmental regulations the existing location you know it preserves the ecosystem I don't know about yall in York 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 yeah um I think avoiding you know unnecessary disruption you 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 well you get there's a slide for that 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 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 principles of home home ownership okay we're going to 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 coupe uh so proximity of the pool and risk management during the pool season the chickens free range activities are restricted to prioritize safety and minimize the risk of contamination uh so why they free range when the pool's open okay yeah while relocating the enclosure to the pool May reduce its proximity to our property line the existing fence acts as an effective barrier for Waste for Effective barrier 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 neg negligible impact for adjacent properties while introducing more significant concerns for us let me just 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 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

yeah uh another challenge of relocation is all the sand that's down for Dra 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 crtical critical it's easily maintained to clean you just rake it and without replacing the entire you know bed of the the Run dismantling and rebuilding enclosure reassembling this enclosure in a new location complement 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 drainage and care I'm going to keep moving because we don't have a lot of time let's talk about a 10- foot setb this is 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 a touch on that when she was moving the red box around where relocate so from the fence line to the pool deck is 43 ft the structure itself is 10t so 10 feet off this property line plus the 10 feet of the chicken coue that's at 20 feet of a 43t 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 going to you know use 90% of it but the other just goes to

waste there's really no added benefits of relocation the coupe meets the relocating the coupe 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 DET 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's duck friendly as well as allowing poultry keeping within plan developments and a procedural change that removes sus for setbacks these changes highlight the County's willingness to adapt and update its policies to accommodate evolving Community needs and growing interests 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 hands are very quiet in nature they once they lay an egg they have an Egg song um it's about as loud as a lawn mower in the distance and lasts about two minutes pests we treat the shed coup and run weekly with agricultural lime prevents fleas TI smites and flies not one fly did we have this summer not one okay sorry I'm excited it is effective and safe for people Pest and the planet odor we we use premium products for moisture odor and Pest Control the coupe 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 um where there we've received no objections or concerns from our neighbor 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 presentation so uh with that uh we'll continue on public hearing we have several people signed up to speak uh the first Robert oconnell again uh you have three minutes uh when the yellow light comes on you have 30 seconds if you'll state your name and address please thank you Mr good evening I'm Robert oconnell I'm a property owner of 107 Fairfield Drive the adjacent property um I agree with the county in the denial of this we are the only ones that are truly directly affected by this chicken Coupe I know 17 other people signed off on this but we were never approached on this we just showed up one day and there all of a sudden there's a Shedd in a coupe there um we see the run is attached to our fence um physically it's just horrible to look at and it's going to affect us in our future resale of our property now we talk about the 10 foot and there are numerous places to put this shed on the property as was presented now if I decided to go build a two-story garage I can't put it right on the property line I have to give up some of that I have a 10 to 15 foot setback we all have these issues but there are several places on the property that it can be put to but as they said that they're worried about runoff into the pool but also they stated that there's no runoff so there's kind of contradicting statements there that they

could move it closer we are worried about runoff from the shed are basically our property along the shed has become soggy muddy basically the water dropping off of the roof onto our property so I know the chickens free rain it's okay but if they can free rain that means the shed can move closer to their pool it can move beside the house there's several locations it's not like it's a small property it's not a hardship this is self-induced so we with that enclosure we would like to see it moved uh as I said we were never approached we go over there once or twice a week my mother-in-law lives in the property and you can't miss my truck and you can also look up my information online you can find me you can find my phone numbers so with that said I will finish up thank you thank you appreciate that next Tanya oconnell good evening thank you Commissioners I'm Tanya oconnell 107 Fairfield I am again the property owner that is adjacent to that again there is no hardship the original shed was smaller in dimension this is a longer shed the fence in which they're referencing if you have looked at their property that fence is actually our fence that they've attached to illegally their fence has latticed across it across their side and their other adjacent um property but that is our fence that they've attached to the shed itself it hangs over our property so therefore the storm water issue as far as the rain going from the roof to our land has made our land soggy as staff indicated we have one of the our whole area of soil is impacted on our

land so you know any additional runoff on land impacts it severely um if a permit had been obtained this would have been addressed at that time um again the impact to us is it right on the property line when they bought the property it was a Red Shed we had the property before them we bought it from the original owners it was an old Sears house so the original owners we bought it from for our property it was a Red Shed next to it um so her being a real estate agent could have looked our information up like we did finding out she was a real estate agent could have contacted us we could have had a conversation before it was set so my request is that you deny this because again we are the only one truly impacted the 17 neighbors that put in information they can't see it I talked to another neighbor that lives up the street he's a retired firefighter from newer news and he says I can't see that I won't have any justice for it but he understands that it impacts us tremendously so I just request to uphold what staff has recommended and allow us um to have our property back so our property is not being drained off from the roof thank you thank you appreciate that next Jose Edwin Nees good evening thank you for uh this opportunity to speak up uh my name is OES I am the immediate neighbor um I've been there for about 35 years I cannot speak uh about the dimensions of the shed but I can tell you that there was a shed where this new shed is located um I am not disturbed by odor noise um I don't see them but I have a fence in between them I think that the uh Carvers have consistently improved the property since they've been there I've been there for 35 years see the property has turned over maybe four or five times since I've been there uh so I

I I look favorably on this application thank you questions no anybody else wish to speak please again state your name and address my name is Jacob Fischer my name is Jacob Fischer I live at 209 Fairfield um I'm in support of of Mr and Mrs Carver getting their special permit um we have there's a lot of birds that live in our neighborhood very close and uh we've never smelt anything if anything I think they're great for the environment they they kill the fleas they kill the ticks they get the mosquitoes they're good um I I don't understand what the big issue is I I I do now it's the water runoff and I think that's a very easy solution without making Mr and Mrs Carver move their entire thing maybe get a gutter run off with a a spout to go somewhere you know it doesn't have to be the move this entire thing because they did have a shed there before you know um 10 ft within I I get it it's ugly as the homeowner had said before it's visual it's going to be just as visual if you move it 10 foot in or 20 foot in the second you look out your window you're going to see the shed you saw the old one I I I don't know exactly what happened but I'm in full support as all of our neighbors uh we live in a smaller Circle we pretty much all know each other um I don't think anybody would actually say that that's a bad idea maybe again come up with a resolution of hey maybe we could get a gutter system you know if it is becoming soggy which I do not believe uh we can make this right if it's your fence that's whatever well I will take it off your fence and I'll have a a run here or I won't even have the free chicken run right there um as far as the smells and the odors they're free running and like they said they got so much sand over there sand just takes everything down

and there's no smells um so I'm in full support and I hope that they get their permit thank you appreciate that anybody else wish to speak you've had your time so can't uh no we we moved past the applicant so it's not a rebuttal time or discussion so we appreciate that though so anybody else wish to speak that hasn't okay with that we'll wherever this is close the public hearing and any discussion amongst Commissioners Mr kryer you start with you as a remodeling contractor I have to follow setbacks and building laws and issues every day and that it seems to me that uh had they simply gotten the permit on time it would have alleviated all this all those concerns but uh I'm I'm inclined to uh follow the regulations thank you Mr I just want to clear to everyone is not this is not an application I want to be clear that this is uh an application for the setback they already have the right to have chickens okay so they're not being tonight uh uh having chickens this just a matter of following the zoning ordinance um I appreciate all the letters of support I actually live in ponti point and know some of the neighbors around uh and and appreciate everyone trying to support raising chickens I wish I had some too I think you I think the applicants have a lot going on in your backyard you got a pool you've got a garden you've got chickens and I think you got to make a decision on on what you feel is important back to the letters a lot of great letters supporting this appreciate that however there's one missing and that's the adjacent property owner that's most imp impacted by this and it's an easy fix you got 9 ft to move over the chicken Coupe you'll meet the zoning order you'll get your administrative permit you get to keep your chickens the

neighbors are happy I think it's a win for everyone and the remediation to me is simple like my fellow commissioner Mr kryer said he's got to beat all these regulations I have to meet him everybody does so um I'm going to be uh voting for uh support of staff's recommendation of denial for the uh uh well it's not a variance use permit for the um one foot setback thank you Mr Brooks I compliment everybody for the community involvement that's that's impressive to do that but at the same time this is an ordinance throughout the whole County and if you subject this ordinance to certain waivers to do this then what are you going to do somewhere else that's important to me is consistency and I also look at the opportunity for like my f commissioner said there's ways of working this out uh and I hope you pursue those kind of things um but at the same time an or this ordinance is very important um and we have to fulfill what you know these ordin are given to us and and that's required so I will also vote uh in support of staff's recommendation Mr chamber so this comes down to a land use thing to me and and the the ordinances have setbacks for very specific reasons and and uh in fact we have a barn on our property and it has a 100 foot set bag um so you try and figure out how to position a barn to get 100 foot set back from each uh uh from your property lines took a lot of work for us to get that in the right position when we built the barn and built the property with the right permit so I'm going to go with staff Mr Smith everything has been covered I was going to address all right uh you know I for me it's a little bit of a grandfather thing it seems like the

other shed was there for quite some time so with that uh any motion from Commissioners anyone the order let me see PC 2506 yeah I move we uh move PC 2506 uh onto the um Board of Supervisors the motion by Mr ker is to adopt PC 25-06 to recommend approval of an application for an SGP to authorize a reduced setback for a chicken inclosure at 2011 Fairfield Drive Mr Smith no Mr Timberlin no Mr Brooks no Mr King no Mr kryer no Mr wman yes motion passes thank you appreciate that hey I'm sorry the other way around okay fails it fails the motion is denied exactly all right and with that you know we'll just uh state that next is the Board of Supervisors who have uh you know the final vote in all of these issues so we appreciate you being here and appreciate those that have spoken uh with that we'll move to the next uh public hearing so turn over to staff please thank you all right good evening so this is an application for a tourist home in a single family dwelling at

10:24 for penamon road again I've outlined your subject property there in cyan it as well as the surrounding property is zoned r13 for high density single family residential across the street in James City County um that single family R2 residential you have a little pocket of neighborhood business here it's a little out of frame but there's the um BP gas station right there in convenience store and then the Assembly Hall that's an aerial again there's our subject property right there mostly around this you're going to have single family residential homes directly to the east is a Calvary Baptist Church and then immediately adjacent to the north and to the West single family homes and then to the South there we have Grace Baptist Church in James City so that's just a view you can see calary Baptist Church I'm standing on the property kind of looking Northeast and this is looking directly south from the property and that's a view of Grace Baptist Church and then that is the subject home in question this would be a whole house rental um three bedrooms with maximum of six guests applicants proposing a minimum stay of two consecutive nights and then a maximum stay of 29 consecutive nights and then there would be a requirement for four parking spaces as well there's kind of this horseshoe u-shaped driveway so you have three kind cars kind of parked end to endend there and then a car that can pull into the carport this application does meet the regulations of the zoning ordinance so I'm going to discuss next how it relates to the board policy that was passed regarding short-term rentals and the guidelines in there one guideline in the board policy discusses distance between tourist homes in different zoning districts for r13 and RMF there's a minimum distance between an active operating tourist home

of 750 fet this does meet that guideline um 113 eale is the closest and that's that 750t buffer distance between that one and then this subject property is about 1500 feet additionally there's another policy guideline that discusses ownership of tourist home um and it suggests that again you should be limited to a single tourist on the applicant Mr Haywood um he does not operate any tourist homes in the county at this time there's another board policy guideline that talks about where the property owner resides and management in the zoning ordinance there's a requirement for either you know living on site and managing on site or or you can designate a managing responsible party in this case the applicants propose two people um one of the responsible party he's designated his neighbor here at 1018 Penman Road Ms Armstead as a responsible party as well as Mr Randall as part of that management team Mr Randall does operate another or manage another tourist home and just to kind of give you some visual distance so this is that subject property here and then M Armstead would reside over here at 1018 penamon this does not mean the board policy guideline though um the board policy guideline provides guidance that property owners who own tourist homes should either live on site or they should be immediately adjacent to the tourist home um Mr Haywood resides out of state two letters of support were received for this application one was um from M Armstead at 1018 penan who is the responsible party and another one is from the neighbor here at 623 Queens Creek Road for some proposed conditions again this would be a whole house rental um we're not renting individual rooms uh additionally this the kind of the standard Fire and Life safety requirements that you've seen with other ones um one that's a little unique to this property um and if you look at the front of the house there aren't address numbers that are visible So Fire and

Life Safety has requested that if this is approved those address numbers be posted in a location that's visible so responders can see and identify oh that's the address I need to get to um and then which has been common with these other tourist homes the use permit if approved would terminate upon sale of the property by Mr so while this is in scale and size um similar to other tourist homes that have been approved really what's critical for this particular case is the fact that the property owner lives off site and as a matter of fact lives outstate and doesn't meet that board policy and really when the board adopted these guidelines one of their kind of their considerations was you know people purchasing homes and then only using them for terrorist homes and not really having a stake in that particular property and so for those reasons staff is recommending denial this application however if you would like to forward it on to the Board of Supervisors with a recommendation of prop of approval um we recommend that you do that via the conditions proposed in PC 2507 so that's the conclusion of that um I'm here if you have any questions for staff um Mr Randall is also here um he is going to be the one of the managing party and he's representative for the applicant so he can speak to you as well thank you we appreciate that uh any questions for staff Mr Brooks Caitlyn so you said it does not meet the requirements with the board set up I'm sorry can the it doesn't meet all of the guidelines now not all all of them but it meets some of them it meets some but not all and the the key one is that uh The Residency of the property owner specifically okay King just a quick question um you said that the individual managing the property is here right uh one of them yes one of them and how close do they live to the property so M um Miss Armstead excuse me um Miss Monique Armstead so she's next door and

then Mr Randall um I will let him speak to you about where he's okay thank you Mr grer I'm sorry I I noticed that in the written comments you recommended staff recommended this did I hear you so you didn't recommend it or just curious we recommend Den okay thank you so I guess one other point of clarity that we talking about this that again they've met all of the requirements including the zoning ordinance the only absent requirement that they have is meeting the new board policy with regard to that's the major one yes um and again with the concern of It kind of especially in this area of the county we're seeing a lot of torist homes and again with that like kind of absentee property owner if you will okay Mr chamber no all right uh with that thank you we'll open the public hearing and if the applicant is here and wishes to speak or the applicant's representative I guess uh if again state your name uh address and uh you have 10 minutes good evening Planet commission my name is Brian Randall uh 722 Helo Drive Newport News Virginia uh I stay about 10 minutes from the property I was uh designated as the management uh person for the property for my best friend Landon Haywood um for to try to get a short-term permit uh the home is newly renovated uh the home has been in the family for a very long time um and it was uh an idea for to actually you know hey maybe we can make this into a tourist home um something that is very lucrative I have a tourist home I'm actually in uh Williamsburg on 1445 Penman Road which I've had for 3 years and I have a lot of experience uh with that the distance as far as I am I'm

about 10 minutes away from the property where I stay but we've actually spoke to a longtime friend of ours which is Miss Monique Armstead who was in the adjacent house and she actually agreed to hey you know I I'll manage the property as well you know to help you guys out um with the property so as of right now I mean we are currently just waiting um to see if you know we can get approved to get a short-term permit like I said I've been doing this uh management over a short-term permit myself um a short-term property myself for three years uh now with a permit from the county so we're just looking to try to get approved right thank you anybody else I don't have any other uh app somebody signed up to speak any yes please a name and address please welcome Mr chairman commission members and State my name is Barbara Haywood I reside in the Bruen District of 118 Pebble Beach Lane Landon is our son uh we come to you requesting approval of this um Landon Mo'Nique and Brian have been together since high school so if you've ever had children in school their friends are your children so to speak so I can vouch for Mo'Nique and her ability to be next door to oversee the property as well as I can Brian um if you think about family property my husband will be 75 in November that house was built he came home to uh so when Landon the house set empty for about several years after my in-laws passed and Landon's desire was to keep it in the family so it was his desire to renovate it one day maybe coming back if the job allowed him to but this is the way that he can keep this property in the family and if you had seen it a few years ago and just to see it come alive again to the condition

that it's in we would love to be able to to keep that house and that property on Penman Road in the condition that it is in and and and to have people to use it and enjoy it my husband and I are just 2.3 miles away we're there if we need to be so between Mo'Nique Brian and my husband and I will be there to meet any needs that arise thank you thank you Miss Heywood and thank you for years of service on the school board we appreciate thank coming back right they could use you uh anybody else wish to speak with that we'll close the public hearing and any discussion amongst Commissioners we'll start with Mr Smith Chamberlain Mr crer the the largest concern is the offsite ownership and you know with the family and friends kind of merging into help I feel a little bit better about that um there wasn't any discussion about whether they just out and out rent it still keep it in the family doesn't have to be a tourist home in order to do that but um that's it Mr King anything um I too was concerned uh however you know I take a long time I like to hear everybody speak and I think there's three people family members friends uh that live close by typically we require one or the uh the owner live nearby we've got three people that known the family and the applicant for decades and um I applaud that and I I'm going to support it Mr Brooks yeah the concerning factor is is the new board policy about someone basically being in there but I also see see history here

and and that's important as well and I I think we we need to consider that all these mechanisms part of making this kind of decision so um with that I I'm going to uh approve this as well all right and uh for me I I kind of agree it's uh you know the policy of the board is is policy but there's also a process for uh for variances a little bit so with that I'll take a motion well Mr chairman I'll try to take a stab at it okay okay um I propose we adopt resolution PC 25-7 all right motion made roll call please a motion by Mr King is tr. PC 2507 d07 to recommend approval of an application to authorize a s Str in an existing dwelling at 1024 penan Road Mr chamber no Mr Brooks yes Mr King yes Mr CER yes Mr Smith yes Mr watman yes motion passes all right thank you appreciate everybody being here and participating in this process it's important as you can uh you can imagine hearing voices and hearing concerned citizens makes all the difference so with that uh any old business that we need to cover no sir all right any new business no sir all right if that we'll go to staff reports Mr Anderson okay so uh you all have your development activity reports so I'm pleased to report that the Board of Supervisors on their Feb at their February public hearing they approved the large cruise ship ordinance that you all had uh reviewed and given your recommendation Of Denial on that um they had gotten a lot of um change in public feedback because they felt that they

needed to regulate it in some way and this was the way to do it at this point and so uh there's continued discussion on how best to um look at these kinds of uses but uh that the board felt that they needed to go ahead and put something on the books so that they could regulate it um additionally they uh looked at the Landscaping transitional buffer and green belt um ordinance that you all recommended approval for and they did approve that unanimously also um on your next agenda well there's quite a few things on there uh you'll have the three storage applications two special use permits one for Mini Storage one for RV um but before you do that you'll have the the rezoning application which basically as Caitlyn discussed removing that um proper language uh we'll also have a application from the American Battlefield trust um for the development of a new park uh they had obtained some properties there off Crawford Road many well not many years ago a couple years ago and now they want to put in a little interpretive Trail and some parking so uh that just requires a special use permit approval uh before the Planning Commission and the Board of Supervisors so you'll see that also on your agenda you'll also see some text amendments for fees will be coming forward to you um some um based off of the the Staffing study and some input from the Board of Supervisors we wanted to make sure that we adjusted some of the fees that will be coming for um in the zoning ordinance to to uh better adapt to things that are going on with inflation and and uh those kinds of things and then I think that was it there were no other things on there that were really pertinent to anything you all had looked at before um I didn't want to say uh thank you to Jeanie and Caitlyn and Kathy they have been working very hard with the loss of our staff

member both of them uh all of them have been working very hard to uh put forward you know the multiple applications you have on this agenda the multiple applications you have on the next agenda in addition to all the board things that are going to the board and and so on and I just wanted to thank them publicly for the hard work that they've been doing um and recognize that and uh as we move forward uh they're going to I know they'll continue to tow the line for us well all right we appreciate that uh with that any committee reports which I don't think we do any commission reports or requests uh with that I'll Echo Mr Anderson's comments uh we're blessed uh to have the staff that we do you make our job easy uh everything's always professional well pre presented and uh you know the information that you get to us the in uh the research that you do uh is beneficial not just to us as the commission but also to the county so we appreciate your service day in and day out and for all those that work in the Planning Commission we appreciate that and with that uh hearing no other business we uh stand adjourned until April 9th of which I will not be there but you'll be under the capable gavel of Mr Chamberlain so thank you [Music]