The York County Planning Commission voted unanimously Wednesday to recommend the Board of Supervisors maintain the current zoning designation for Seaford’s York Point, with several commissioners citing concerns with the amount of time the supervisors gave them to consider the issue.
York Point is currently zoned resource conservation, a designation geared toward parklands, watersheds, government-owned land and other similar uses. The supervisors asked the planners to consider shifting the neighborhood to a proposed low-density residential designation in an effort to curb farming activities in the neighborhood, where oyster farmer Anthony Bavuso has been trying to win permission to use his property as part of his farm.
The proposal to rezone York Point is part of a larger package of farming reform proposed by county staff in the wake of new laws signed into effect by Gov. Terry McAuliffe. One of the laws removes the ability of the county to require special-use permits for conducting farming activities on lands zoned for farming. Though the General Assembly has never written a law defining what constitutes land zoned for farming, resource conservation could fit the bill. The county maintains it does not.
The law barring special-use permits on farming land goes into effect Jan. 1. Another bill, which goes into effect July 1, prohibits municipalities from regulating the carrying out of certain activities at farms. Because of the July 1 deadline, the planners were required to issue their recommendation on whether to rezone York Point by Wednesday. The supervisors will consider the matter at their meeting Tuesday.
Several of the commissioners expressed support for an alternative plan that would establish performance standards for land to be used for farming. Performance standards include setbacks from neighboring properties, minimum lot sizes and more.
“We seem to be going a little too fast,” Planning Commission Chairman Mark Suiter said. “We’re under pressure to vote on this now. This affects people’s lives. These are people’s homes. I’d rather do nothing than do something wrong. This is all being driven by one piece of property.”
That one piece of property is Bavuso’s. During three public hearings connected to the farming reforms, his property was the subject of much of the discussion by those who turned up to speak. Those who supported the change cited the residential character of York Point, saying it was no place for a commercial oyster farm. Numerous other speakers supported Bavuso’s farm, including a few direct neighbors who said his farm has never caused them any trouble.
“Their aquaculture is conducted right off of our patio and pool area,” said Bill Smith, a neighbor of Bavuso. “We’ve witnessed exactly what they’ve done, and there’s no impact. We don’t need to fix what is not really broken in York Point.”
At a public hearing in May, the planners listened to dozens of people share their thoughts on rezoning York Point and on some of the other potential farming reforms. Read more about that here.
Also on Wednesday, the Planning Commission voted 4-3 to recommend the supervisors create the new low-density residential district, which would require a minimum lot size of 33,000 square feet, despite their reluctance to support shifting York Point to it. The new district would not allow farming activities, though home gardens and other private uses would be permitted. Several of the commissioners said the new district was a useful zoning tool to have in the future.
While the county is trying to curb Bavuso’s farming activities via zoning changes, Bavuso is trying to win permission to use his property as part of his farm through the court system. A York-Poquoson Circuit Court judge already sided with Bavuso once in 2012, saying he did not need a special-use permit to use his property.
The county appealed the decision to the Supreme Court of Virginia, which ruled against Bavuso. Now Bavuso is trying to have the issued reconsidered on different grounds. A judge accepted Bavuso’s request for a new case in May. The next hearing date for that case has not yet been set.
The supervisors will consider the rezoning of York Point as well as the creation of the new low-density residential district at their meeting at 6 p.m. Tuesday at York Hall.
They will also consider an amendment to the county’s comprehensive plan — a document that guides land use in the county — that would alter the portion of the plan about conservation land to allow for the protection of the character of residential developments built on conservation land. The planners voted 5-2 Monday to recommend the supervisors make the change to the comprehensive plan.
The planning commission will host a work session at 7 p.m. June 23 at York Hall to continue discussing potential performance standards for farming.
Related Coverage
- York Residents, Farming Activists Spar Over Property Rights
- Greg Garrett Seeks to Clear Dandy Oyster Farm with York County
- York Supervisors to Consider Plan to Bar Farming, Accessory Apartments from York Point
- Land-Use Debate Pits York Point Residents Against Each Other
- York Planners to Study Proposed Zoning Changes That Could Erase Farming on Thousands of Properties
- Ag Bill Lessens Local Control of Aquaculture; Regulatory Options Remain for York County
