Planning Commission - Regular Meeting

Welcome to the Town of Abington, Virginia Planning Commission regular meeting. We appreciate your interest. We encourage public participation in our meeting. Your comments are important to our decision-making process. There'll be two opportunities during our meeting for those in the audience to address the commission members. The first will come early in the meeting when we ask for public comment for items not on the agenda. The second will come is if the chairman declares a public hearing open for comment. In each case, anyone wishes to address the members of the commission should give their full name last first and last name and complete physical address. Comments must be limited to three minutes. Uh roll call.

Mr. Austin, present. Mr. Mr. Johnson present. Mr. Thompson present. Mr. Pennington present. Mr. Sprouls present. Mr. Wilson. Mr. Schuman present. All right. The next order of business is approval of the minutes from the September 22, 2025 regular meeting. Um, are there any additions or corrections to the minutes? If not, is there a motion that the minutes be approved as submitted? So moved. All right. Is there a second? A second. All right. If you would call the role. Mr. Austin. I. Mr. Johnson? Abstain.

Mr. Thompson. Abstain. Let's see here. We might have to table these just to see. Mr. Pennington. I. Mr. Sprouls. I have to abstain. Mr. Wilson's not here. If you could make a motion since we're since Scott's missing tonight, we need him to Scott to be here to approve them. Right. We have to we would have to table it, right? Yep. Yeah. Okay. I think uh do we need to have a motion to table that? Yeah.

Okay. I'll move that we table the approval of the minutes until the next regular meeting. Second. Is there a second? I'll second. Uh I'm not so sure that's necessary. We've got a quorum present. We don't have a quorum that can vote on the matter, but we've got a quorum present to conduct business. And I believe that uh let's see, Mr. Shiman can vote. So we'd have one, two, three. Yeah, we need five.

We We would have a majority of the people who attended the last meeting, but not a majority of the board or [cough] it's fine next. I don't think it's necessary, but we can um I would just say all those in favor signify by saying I

I ju just you know for the information the people here the reason that uh certain members of the commission abstain from the minutes is that they weren't present at the meeting and that's why they did that just so just so there's no confusion about why that was done. Um, all right. Then the next order of business is a certificate of appropriateness. [snorts] Pennington Law Firm PLC applicant owner certificate of appropriateness for replacing two windows and two doors on the south elevation. Installation of one non-elilluminated freestanding signage and installation of one non-elilluminous wall signage located at 329 West Main Street, Abington, Virginia 24210 parentheses parcel 011-12-1 in parenthesis staff report.

As Mr. stated the Pennington law firm P LLC is the owner applicant and they have requested approval of the COA to do the following. Replace two primary south elevation painted white fiberglass insulated doors with half light and associated painted white hardware and wooden trim with two painted bronze fiberglass doors with privacy glass halflight and associated painted bronze hardware and wooden trim matching the existing in material. Install one painted brown platinum glass storm door with bronze handle. replace two primary south elevation white vinyl simulated divided light casement windows and with associated painted white wooden trim with two painted bronze fiberglass casement windows with associated painted bronze fiberglass trim. It will also install a 4 foot by 6 and 1/2 in by 4 feet and 5 and 3/4 in for a total of 31.452 were 52 square ft non-illuminated singlesided 1/4 inch thick aluminum freestanding sign attached to the existing wooden freestanding sign structure at the corner of West Main Russell Road as shown in the rendering submitted. They will also install a 9 foot 10 inch by 2 foot 8 inch, which is a total of 25.56 square feet non-illuminated singlesided either 1 in or 1/4 inch thick aluminum wall sign attached to the primary south elevation as shown in the rendering submitted. It is generally located at 3229 West Main Street, parcel 011-12-1 in the B3 central business district. Uh the building was constructed circa

1992. It's accessible through Main Street or Plum Alley. And again, uh, they propose to replace primary elevated doors, install a painted brown platinum glass storm door, and replace two primary elevation white vinyl simulated divided light windows uh, with associated painted white wooden trim with two painted bronze fiberglass casement windows with associated painted bronze fiberglass trim. Additional signs 4 foot total 31.52 square feet again 1/4 inch thick aluminum composite freestanding sign attached to the existing structure and then the wall sign 25.56 square feet um on the primary south elevation. They also provided sample colors for the windows and doors as well as the signage and the applicant um is here if you have any questions as well.

Questions? Um one question is will will both doors be the same color? Yes, they'll both be replaced. And does the signage [clears throat] meet this? How does that how does it uh relate to the ordinance?

So, they are allowed wall sign and since the wall you can get one linear square feet per wall. So they're wall sign is in the ordinance they meet they meet the ordinance sign standards for both their existing freestanding sign and their wall sign. Other questions from the commission? What's the what's the pleasure of commission? You have any questions for the applicant or [snorts]

I'd like to make a motion we approve the request for the certificate of appropriateness as set forth in the report that we have. I'll second it. Okay. Any additional questions or comments? If not, if you would call the role. Mr. Austin. I. Mr. Johnson. I. Mr. Thompson. Hi, Mr. Pennington. Hi, Mr. Sprouls. Hi, Mr. Schuman. Hi.

All right. Thank you. Um, next order business um is a certificate of appropriateness legacy bank owner applicant certificate of appropriateness for revision to approved um EC certificate of appropriateness to paint ao exposed brick gray located at 498 Street Avenue in Virginia 24210 parenthesis parcels 105 5A-2-16B in parentheses staff report.

Legacy Bank the applicant owner uh they were previously approved back in February 25th, 2025 uh for these really large renovations if you remember them. Uh so at that time they were not going to paint the brick veneer. Uh but now they want to request a revision to the certificate of appropriateness to paint that brick veneer. Um so it it'll be in the B2. So again, Legacy Bank existing current business on the property is in the B2 district. The exist existing structure was previously [snorts] approved February 25th. The renovations have been underway for about eight months now. So they're in keeping with the approved renderings. The applicant simply proposes to paint the exo exposed brick Sherwin Williams 7073 network gray to align with the uh color scheme. Um they stated that the brick was kind of a mix match of their branding colors. They just want to paint the brick gray. Um as you can see in our images there, we are showing you the uh pre-rennovation, the rendering that they submitted in February, the what it looks like now, and then the rendering that they submitted after it is painted gray, how it'll look. Um, and the applicant owner representatives are available if you have any questions for them.

Does anybody have any questions for Miss Howard? Did the color on the siding change or is it just the the rendering? No, it did not. Okay. So, some of the renderings are a little different. They could probably speak to it more specifically about what happened in construction, but anything that did change or deviate was the existing building. So, like maybe they just didn't replace the window that they wanted to replace. They're just keeping the existing. Does the applicant want to make a statement? I mean, you're welcome to as discussed. Oh, sir, can you say your name and mailing address for me, please? PW Campbell,

architective record. Okay, I need your legacy. Physical address. I'm sorry. Physical address, 109 Zeta Drive, Pittsburgh, PA5215238. All right. Thank you. Again, uh, as you look at the renderings, uh, well, to answer your first question, the gray at the Hardy Plank siding did not change. That was always the uh [snorts] uh software gray. Um I'm sorry. That was the

Yeah,

I think that's what it indicates. Is that what it was? Yes, correct. So, the siding, the fiber cement was always the uh softer gray. The problem that we're having is the orange blend of the brick. As you look at north, south, east, or west elevation, even with the PMS or the guideline colors, the orange brick is superseding our PMS colors. Um, so in order to alleviate that, again, we're seeking approval to paint that the network network gray. Any any questions for the applicant? All right. Thank you.

Any additional discussion? If not, is there what's the pleasure of the commission? I'll make a motion that we approve the request to submit it. All right. Is there a second? I'll second. All right. Any additional discussion? If not, if you would call the role. Mr. Austin. Hi, Mr. Johnson. Hi, Mr. Thompson. Hi, Mr. Pennington. Hi, Mr. Sprouls. Hi, and Mr. Schuman. Hi.

The next order of business [clears throat and cough] is a public hearing. Um, special use permit smoker's choice applicant Jim and Jim LLC owner special use permit for allow allowance of a recreational substance retail in B2 district located at 763 Street Abington, Virginia 24211 parenthesis parcel 105-6-23B in parenthesis staff report. So yes, David Richards applicant and Jimmy Stewart owner have requested approval of a special use permit to allow a recreational substance retail business in the general business district B2 located at 763 Street. The property is within the B2 district. Background uh Smoker's Choice has operated over six years within the Kroger Shopping Center uh further up here on Street. Uh, Smoker's Choice was informed their lease would not be renewed. Uh, they would be relocating their existing business from their former location at 442 Street uh, located in the Kroger Shopping Center there to the proposed new location of 763 Street. Adjoining properties to the north, south, and east are zone general business district B2. And adjoining properties to the west are located outside the Town of Avenue limits.

All right. Uh oh. I got some more here. Does the Does the applicant want to make a presentation? Hold on, Kenny. I got some more. Do what? I got I got some more. I still got some more to do.

Oh, okay. Uh the applicant proposed to allow an adult rec substance retail business within the general business district 2. On September on September 21st, 2023, the town council adopted a zoning ordinance for adult recreational substance businesses. Upon this adoption, standards were in set in place for these specific uses. U standards A must be located at least 2,000 linear feet from the property line of any public or private school preK through grade 12. No school is located within 2,000 linear feet of the 2,000 linear foot buffer. B must be located at least 5,000 linear feet from the property line of an existing recreational substance use both retail offsite and retail on-site. No existing recreational substance uses exist within the 2,000 linear foot buffer. C. hours. Our operation shall be limited to 8 am to 8:00 pm Monday through Sunday. If granted approval, the applicant must adhere to this requirement. Operation outside of this stated time frame will result in a violation. If found committing this violation repeatedly, the SUP may be re reviewed and revoked. D are not allowed in the old and stored district or entrance corridor. The property is not located in the O or EC. E may be permitted as a special special use and parcel zone B2 unless visible from the entrance corridor road segments of Main Street and Coming Street. The property is not explicitly seen from the edge of the entrance corridor on Coming Street looking south. This is the view you see here. Sign standards. The unit within the structure is 50 ft in length. The applicant is allowed a maximum area of 100 ft of wall signage. There is an existing freestanding signage on the property. The applicant may utilize window signage is allowed 10% square feet of total area of all windows on each building facade in a B2 district. Lighted window signage is prohibited. A signed permit application must be submitted and reviewed by staff prior to installation. No signage of any kind can

be installed until staff approval is received. Timber signs also require a permit. Parking standards. Uh the building has two businesses with with different uses that will utilize the parking lot. Smoker's Choice is a retail store that requires a minimum of one parking space for each 250 ft of usable area. The other business is a personal service that requires one parking space for each 500 ft of usable floor area. However, mixeduse structures may utilize one parking space per 400 ft of usable area. The Washington County land card shows approximately 2,700 ft of usable commercial space for 763 Street and 648 ft for 761 Street or 3,348 ft in total. Calculating the use separately would require 763 Street to have 11 parking spaces and 761 Coming Street to have two parking spaces uh with an overall parking lot of 13 parking spaces for both uses. They do meet that requirement. There are 13 spaces there with even possibly to have more if they were to be striped. That's the view of the parking lot. You can see here's the personal service uh business, the hair closet. They would be going into the Smoker's Choice is proposing to go into this space here. That's the view from the entrance. Again, view of 761 763. Again, another view for you. Uh, according to the town of M&GIS and FEMA's national flood hazard layer, a portion of the property, but no buildings or structures, is located within the flood hazard overlay district, floodway, and AE zone. Anything constructed within the floodway or AE zone must apply for and receive a special use permit and require an additional engineered flood study showing the base flood elevation or BFE change from proposed construction. The

SB findings are the following. demonstrate that the proposed use when comp when complemented with additional measures, if any, will be in harmony with the purposes of the specific district in which it will be placed. The proposed recreational substance retail business must adhere to the hours of operating being 8 a.m. to 8:00 p.m. Currently, there is an existing dense tree line along the West property line, screening this location from undeveloped land outside of town corporate limits. The existing tree line should remain intact to preserve natural screening. Two, demonstrate that there will be no undue adverse impact on the surrounding neighborhood in terms of public health, safety, or general welfare, and show measures to be taken to achieve such goals. Directly across Street uh to the east is another parcel zone B2. Adjacent to the south of this area uh to this are a significant number of properties zoned low density residential or R1 and follow along the east side of Street uh south to the town corporate limits. So here's the location of what they're proposing right directly across that kind of business incubator space. And then as you go further down you hit those neighborhood of R1 three show that the proposal meets the applicable specific and general standards required by this article. No school or existing recreational substance retail business is located within 2,000 ft of the parcel zone B2 proposed to be a recreational substance retail business. The planning commission can discuss with the applicant and make conditions within the motion for the special use permit. If seen fit, the planning commission can incorporate the following conditions. Wall signage be limited to a maximum of 50 square ft. Wall signage faces must be a singular color as approved by the planning commission or white. Freestanding or other types of signage proposed at a later date. Color scheme is to match that of the wall sign. One freestanding sign shall be allowed using the existing freestanding sign structure on the property. Window signage is limited to to 10 square feet of total area of all windows unless the planning commission sees fit to limit the window signage

size. Window signage shall not be illuminated. No signage can advertise a marijuana leaf or other references to Gina's cannabis. No architectural lighting may be around the windows, door, or building facade. No music shall be played after 5:00 p.m. Monday through Sunday. These are the other staff recommendations that we put with all these other sorts of uses when they've come into the planning commission. If you have any questions for me, more than happy to answer. If not, the applicant is here. Also, I know just because this question is always asked, we we did as we always do with ones that have this special use permit. We did the required state uh noticing of Jason property owners, public noticing, and there was a posting of the sign on the property. So, just to make sure that's on the record. Did you get any feedback?

We did not. So, because this property is here, their adjacent ones are this one right here, the 105-6-23A, 105-6-23 C, 105-6-23, the [snorts] property that's outside of town limits, and then the one that's immediately across the street here. That was the adjacent parcels there as we as we had to follow the state regulations and they're all businesses, right? They're all businesses. Yeah, they're all in the B2. They're all businesses and some of those buildings are not occupied at present. Isn't that Isn't that correct?

I believe. Yeah, some Yeah, some are not occupied. I think they're the one that's to the south of this is filling up. The uh garage is in here. There's another salon here and I think they're trying to fill up a couple more spaces here. Um, but yeah, and then these these are just rotate. But as far as I know, no business has come out of here yet, but this is like a business kind of corporate incubator in a sense.

Other questions? Okay. Um, does the applicant want to make a statement? You can. You don't have to. [clears throat] My name's David R. Richards. Um, I'll be glad to answer any questions you may have, but I need your address. Uh, 129 East Main Street, Chowi, Virginia. Um, this really Do you have questions for the applicant?

Does the applicant know and have they agreed to operate under the standards of the special use permit as far as operating hours? As far as I know, they they're an existing business at the Kroger Anchored Shopping Center now, and they're just they've due to some redevelopment plans at that center. Their lease is not being removed. So, they they're just simply trying to stay in business and move down the street. I've helped them in Chowi and in Marian and other locations, and they seem to be an upstanding good corporate citizen. I think you we could include those in the in the motion. I just want to make sure. [clears throat] Yeah. Do you know what their hours are currently? I do not. I assume it's in compliance with that 8 to8.

I didn't know if they had maybe gotten grandfathered in or something. They've been they they've been at the Kroger shopping center before this went into place. Yeah. So, now that they're moving, they'd have to abide by this. Right now, this is closing. Okay. And they may have hours dictated by the shopping center. I don't know, but I'm I'm sure they will abide by whatever regulations you put in this approval. My experience has been they've been very compliant, very easy to get along with. Other questions? All right. Thank you. Thank you.

Um, and this is a public hearing, so I'm going to declare the public hearing open. Um, since there's no public here, I'm I'm now going to close the public hearing, but we needed to do that. You're not going to tap your G. Yeah, I got That's a rare. That's the most fun I've had all night. Yeah. There you go.

Anyway, so next question is, what's the pleasure of the commission? Well, I'm I'm generally hesitant to make a motion, but I would move that we uh approve the special use permit, but incorporate all the uh requirements on under number three on page 16 uh in the motion. um and make sure that the applicant understands that that's that those are the requirements. Okay. Is there a second to that motion?

I'll second. Any additional discussion? If not, if you would call the role. Mr. Austin, I. Mr. Johnson, I. Mr. Thompson. Hi, Mr. Pennington. Hi, Mr. Sprouls. Hi, Mr. Schuman. Hi. And just to let you know, so now that they've recommended approval, uh, that your next step will be to go before the town council on November 3rd. November 3rd. Yep. Yep. And we'll And you'll receive an email saying what the the time and everything, but same place.

Yep. All right. The next order of business is assigning a planning commission representative into the board of zoning fields. Uh, presently I am the um commission's representative on the board of zoning appeals, but my term is going to end uh at the end of November. Um, and uh, of course I I can't be reappointed because my term on the planning commission ends next year. Um, just as a matter of information, the board of zoning appeals does not do appeals from anything we do. that goes to the to the town council. [clears throat] But what the boarding zoning appeal does does generally is um to look and determine if there are variances um that are appropriate to the um ordinance as they stand and and and some of those things just as an example for is that uh and we discussed one time the the garage over I think it was on Campbell Street and the size of that most of the time it's those things are submitted before there is an application and for the most part they have been um small variances. Um but uh and the board of zoning appeals only meets if there is an application. So it does not meet regularly. Um with that being said, um I I would uh like to uh nominate Jeff to be on the board of zoning appeals. I think with his experience and background, he would he would be a good a good fit for that. Um, so I would uh make that motion.

There's a second. Second. All right. Now discussion [laughter] again. Any other applicants? Oh, you're going to love it. [laughter] There's a third probably in there. You also get paid for those meetings, too. Yeah, you get 10 bucks. $10. Oh, man. [laughter] Sign me up. Lifestyle issues here. Any additional discussion? If not, if you would call the role. Mr. Austin. I. [laughter] Mr. Johnson? Abstain. Mr. Thompson. I. Mr. Pennington. I.

Mr. Sprouls. Hi. Hey, Mr. Schman. Uh, see, I really I really like this committee. [laughter] So, I like this board before that. That was past tense. [laughter] At one point in time, I was on the library board of directors and I missed a meeting and got elected to be chair and was chair for seven years. So, congratulations. Um, next order of business is discussion of comprehensive plan planning commission member review. Um, anything? Sure. So, I'll I'll have that up there. Um, just to quickly backtrack. Uh, so I'll let Kim know that you've been appointed. She'll bring it before town council and everything and the circuit court. So, yes, sir.

Happy to have you on board. Uh so for that one it was brought to just as a question of inquiry if we have a few members on the board and I think this has been voiced before when we've talked about the comprehensive plan that we have a few that are coming off the board that have a lot of institutional knowledge that could help with the development of the comprehensive plan. This is more just a gauging of a temperature and everything and then we'd bring it before town council. Uh Mr. Wilson and Mr. Schuman, they'll be coming off pretty much as we're getting into the thick of [clears throat] it of doing the comprehensive plan. I'm looking to see if it's agreeable to you guys before we bring it before town council to say, you know, could Kenny and Mr. Wilson stay on until the comprehensive plan is concluded, which would pretty much take 2026, would be another year, six months to a year. Um, so before taking before town council and then they would ask how did the other plan commission members feel about it? I wanted to gauge your guys's uh kind of feeling for it and then if you are agreeable to it, we would bring it before town council and state the reasoning why. We're going to be starting our comprehensive plan to members on the plan commission currently that have been on the boards before, have long institutional [snorts] knowledge could be very beneficial to make sure that that comprehensive plan is a very well thought out, successful and well informed and detailed plan for the next five years as we move forward here. Um, so just trying to gauge the temperature of how you guys feel about that before I bring them, you know, if we should bring them before them or not and open to thoughts, suggestions, comments.

Have you discussed this with both of them or I know Kenny's here. Have you? Yes. Okay. And I know it's been discussed with Scott. Um, and um, we both have been involved in previous um, comprehensive plans. Um, and at least one of us, that being Scott, has a uh professional uh interest and and I think experience that's very uh

useful in terms of his engineering background. Um, and I in the discussions that that I've had, um, and again talking to Scott, we we're both okay with serving an additional year, but but neither of us is looking to be appointed for another term. So, it would only be for the time that the comprehensive plan would be being considered because Now, personally, I think that as as terms end, it's good to have turnover in your boards and commissions. In this situation, I think it may actually make the work somewhat more difficult with people starting and having no experience on the commission. So, that [clears throat] like said, this would only be for the term of the comp plan to be updated. We're not even doing a full rewrite of it. We're just updating it. So, probably six months to a year or so. So, after that, after the plan's over and completed and adopted, uh, Mr. Schuman and Mr. Wilson would come off the board as they would have done in I think March is when their terms would be up.

Have you talked with uh Camp Bale as to whether or not that could be done? I'm confident. Let me say I'm confident that the town council would be very supportive of these two gentlemen remaining on the planning commission if it's allowable under the ordinance in the stack. And I talked to Kim I haven't brought Cam in yet. I wanted to gauge this one first because we wouldn't bring it before town council for another couple months.

Um but that would be my next stop from what talking with internal and everything. the town council will just have to make a resolution of sources say, you know, we [snorts] we are allowing, you know, Mr. Schuman, Mr. Wilson to be to be on the board [clears throat] for the term of the comprehensive plan. Once that's over, they come off as they usually would there. Um, that's how that's how we've envision it going there. I don't think you get any opposition from commission speaking out. Okay. I guess in terms of as a plan B,

you know, if there was, you know, something in the ordinance that specifically prohibited that, would there be anything prohibiting them from participating in that conference? an update on, you know, kind of a more informal fashion, if you will. You not specifically as a commission member, but you know, on behalf of the commission. No, there's nothing. No, there's nothing like that that would in terms of a plan B, there's nothing that would exclude them from doing that as well. Um, right now we're uh updating the design guidelines for the old historic district.

Um, some of you may know Byron Gizler. He he was on he's been on the HBRB for a while. He's not on the board currently now. Uh but we've invited him to those meetings because he's got institutional knowledge and he's been on the board for a while. Yeah. Um but yeah, so then either way they could participate in that process. It's just a matter of whether they're formally on the planning commission. Yep. Or informally providing their institutional knowledge. Yep. All right. Do you have what you need? Yeah, I just kind of wanted to Okay. gauge the temperature as to say and then uh we'll move forward from there and double check everything and uh

then we'll be in touch before town council. Is there anything else to come before the commission tonight? If not, is there a motion that we adjourn? So moved. Is there a second? I'll second. Okay. All those in favor signify by saying I. I. Any opposed? We're journed. Um