Planning Commission - Regular Meeting

Chad's coming with me. Yeah.

Welcome to the town of Abington, Virginia uh planning commission regular meeting. We appreciate your interest and encourage public participation in our meeting. Comments are important are important to our decision-making process. Please note that there will be two opportunities to address the commission. The first will come when the uh chair asked for public comment for items not on the agenda. The second will come um at the time the chairman opens a public hearing. Uh anyone dish wishing to address the planning commission should come forward. Uh approach the podium, give your first and last name and your complete physical address. Comments must be limited to three minutes. Uh roll call.

Mr. Austin, present. Mr. Johnson present. Mr. Thompson, Mr. Pennington, Mr. Sprouls present. Mr. Wilson present. And Mr. Schuman present. Uh, next order of business is approval of the minutes. The first is the September 22nd, 2025 regular meeting which we tabled. Uh, since we need Mr. Penton here, we'll just table that one till further down in the agenda or further on in the meeting till Chad's here and then we'll come.

Yeah. Yeah, let's just do that. Um, and the second is October 27, 2025 regular meeting. Are there any additions or corrections to the minutes? If not, is there a motion that they be approved as submitted? So moved. Is there a second? Second. All right. Any additional discussion? If not, if you would call the role. Mr. Austin. I. Mr. Johnson. I. Mr. Thompson. Mr. Pennington, Mr. Sprouls. Hi, Mr. Wilson. Abstain. I was absent from that meeting.

And Mr. Schuman. Hi.

Next order of business is public comment for items not on the agenda. I don't see anybody signed up. Is there anybody that wishes to address the commission for items not on the agenda? All right. If not, we'll move forward. The next order of business is certificate of appropriate number one. The the Hib H group applicant, the Clifton Partnership owner, Jerry SS representative certificate of appropriateness for non-elilluminated wall signage located at 263 West Main Street, Abington, Virginia 24210. es parcel 011-1-85A in parenthesis staff report

the Hill Group applicant the Clifton Partnership owner and Jerry Sign representative have requested approval of a certificate of appropriateness for the installation of a 5'1 11 and 3/4 in x 4T 7/8 in total 24.35 square ft non-illuminated single-sided painted white, green, and blue wooden wall sign attached to the central portion of the brick veneer buildings west elevation located at 263 West Main Street. Tax map number 011-1-85A. The property is within the B3 and entrance corridor. The subject property contains approximately.22 22 acres and is legally described as Cummings Lot W Main Acre.22. Generally, the subject property is located at 263 West Main Street. The existing building was constructed circa 1955 according to the Washington County Land Card. The building is occupied by Abington Interiors, the Hill Group, and Edward Jones. Access to the site will continue to be West Main Street. Adjoining properties to the north are zoned old and historic subdist 2. Adjoining properties to the east, south, and west are zoned central business district B3. The applicant proposes to install a 5' 11 and 3/4 in x 4t 7 and eigh inch non-illuminated single-sided painted white, green, and blue wooden wall sign attached to the central portion of the brick veneers building's west elevation as shown and illustrated in the photos below. The Hill Group prior to September 2025 occupied in the occupied the front portion of the brick veneer building but has since occupied the central portion with Abington interiors occupying the front portion. The primary entrance for

the Hill Group consists of an unpainted stale and glass door directly accessed by the striped asphalt parking lot located immediately to the west of the brick veneer building. The Hill Group has an existing non-illuminated double-sided painted white, green, and blue wooden freestanding sign near the entrance into the striped asphalt parking lot. the proposed 5' 11 and 3/4 in x 4' 7 and 8 in non-illuminated single-sided painted white green and blue wooden wall sign prior to September 2025 was attached to the south elevation near the primary entrance of the front front portion of the brick veneer building now occupied by a black framed aluminum with applied white vinyl graphics wall sign for admin interiors businesses in the B3 are allowed one freestanding sign and one wall sign per street frontage. The Washington County Lounge Card shows the west elevation has a total of 142 linear feet of building face. Approximately 47 linear feet are provided for each of the three businesses. Each business would be allowed 47 square ft of wall signage. The proposed 24.35 square ft wall sign meets the requirements of the sign ordinance. Any questions for me?

So, basically the sign that's sitting there on the ground would then be just attached to the building. Is that correct? Correct. Yeah. I believe there um applicant is present if you have questions for them. Okay. Does the applicant want to make any kind of a presentation? I You're welcome to do that if you would like. Daniel with Jerry Signs at 15775 Porterfield Highway. As I apologize, I have forgotten your name. As Amber has said, we are literally just going to move it down one space and reattach it to the wall. There's nothing fancy about it. Okay. Any questions?

Thank you. Um, what is the pleasure of the commission? I'll make a motion we approve as presented. Okay. Is there a second? I'll second. I think it look a lot better on the wall than it would sitting on the sidewalk. Yeah. Any additional discussion? If not, if you would call the role. Mr. Austin. I. Mr. Johnson. I. Mr. Thompson. Mr. Pennington. I. Mr. Sprouls. Hi. Mr. Wilson. Hi. And Mr. Schuman. Hi.

Um, now that Mr. Pennington's here. Let's go back and look at that uh the the minutes from the um September um 20 sec September 22nd, 2025 regular meeting. Are there any additions or corrections to those minutes? If not, is there a motion that they be approved as submitted? And just for reminders, uh since I know it's been a little bit, so Mr. Austin, Mr. Pennington, Mr. Wilson and Mr. Schuman were present at that meeting. So, okay. I move we approve those minutes as presented. Is there a second? Second. All right. Go ahead and call the role. Mr. Austin, I.

Mr. Pennington, I. Mr. Wilson, I. Mr. Schuman. Hi. Okay. Next order of business. Certificate of appropriateness. Lacy Taylor, applicant. Virginia Refuel Enterprises owner certificate of appropriateness to install digital changeable signage and reface existing internally illuminated freestanding signage located at 543 West Main Street, Abington, Virginia 24210 parenthesis parcel 018-17-1 in parentheses staff report

Lacy Taylor, applicant and Virginia Refuel Enterprises, Inc. owner have requested approval of a COA for the following items. Removal of an existing red digital changeable sign from the existing painted white steel freestanding sign bottom cabinet and all existing painted marathon blue and marathon red and white acrylic with applied vinyl graphics panels within the existing three painted white steel freestanding sign structure. Install two 4 foot six 516 inches by 3 feet 8 in total of 16.90 square foot Marathon endurance logo flat embossed face painted marathon blue marathon red marathon light blue and white acrylic panels within the existing painted white steel top cabinet install a 9-in CCD red toggle display surrounded by painted marathon blue acrylic panels within the existing 4ft foot 6 and 516 in by 1 ft 9/16 in painted white steel middle cabinet. Install a 18-in red stacked Lumi Digit 4 with painted marathon blue acrylic panels within the existing 4T 6 and 516 in x 4'8 in painted white steel bottom cabinet located at 543 West Main Street in the B2 district. The subject property contains approximately 36060 acres and is legally described as Palmer Land Padden acre.36 generally located at 543 West Main Street. The existing building was constructed circa 1945 according to the Washington County Land Card and is occupied by Marathon Gas Station. Access to the site will continue to be West Main Street and Patent Street. Adjoining properties are zoned B2 on all sides.

The applicant proposes the following ECCOA eligible items. Removal of the existing red digital changeable sign from the existing painted white steel freestanding sign bottom cabinet and all existing painted marathon blue marathon red and white acrylic with applied vinyl graphics panel within the existing three painted wide steel freestanding sign cabinets. Install two 4 foot 6516 in by 3 feet 8 in Marathon Endurance logo flat emboss face painted marathon blue, marathon red, marathon light blue, and white acrylic panels within the existing painted white steel top cabinet. Install a 9-in CCD red toggle display with painted marathon blue acrylic panels within the existing 4T 6 and 516 in by 1 ft 9 and 16 in painted white steel middle cabinet. Install a 18in red stack Lumiadigit 4 with painted marathon blue acrylic panels within the existing 4T 6 and 516 in by 4'8 in painted wide steel bottom. Tax map is zone general business. The businesses are B2. Businesses located in the B2 are al allowed one freestanding sign per street frontage with a maximum allowed area of 60 square ft. The proposed 43.24 square ft freestanding sign meets the requirements of the sign ordinance. Any questions for me?

Any questions? But does the Thank you. Does the applicant want to make a presentation? You don't have to.

Do you guys have any question? If you would give your name and address, please. um like Virginia Refules Industries and uh address is like 543 main uh 543 West Main Street. Okay. 24210. Any questions? You have any Do you want to make a presentation or just answer questions or uh any questions for the applicant? If not, what is the pleasure of the commission? I move we approve the COA as submitted.

All right. Is there a second? Second. Okay. Any additional discussion? If not, if you would call the role, Mr. Austin, I Mr. Johnson, I Mr. Pennington. Hi, Mr. Sprouls. Hi, Mr. Wilson. Hi. And Mr. Schuman. Hi.

All right. Next Order Business Certificate of Appropriateness, Southern Appalachin Dance Center applicant, T Y L Properties LLC. Owner Certificate of Appropriateness for allowance of unapproved non-illuminated window signage located at 301 West Main Street, Abington, Virginia 24210. Parenthesis parcel 011-1-80 in parentheses staff report Yes. Southern Appalach and Dance Center and TYL Properties owner have requested approval of a COA for allowance of unimproved window signs on the glass panes of the south elevation first floor commercial display windows located at 301 Main Street. The subject property contains approximately.170 acres and is legally described as West Main Street Citizens Bank building acre.1. Generally the subject property is located at 301 me main street. The existing building was constructed circa 1934 according to the lo Washington county land card. The building is occupied by southern appalach and dance center and the vault. Access to the site will continue to be west main street or plum alley. Adjoining properties to the north are zoned old and historic subdistrict 2. adjoining properties to the east, south, and western zone business district three B, sorry, general business district B2. The applicant requests allowance of the unapproved window signs on the glass panes of the south elevation first floor commercial display windows as seen in the rendering. Tax map number 011-1-80 is zone B3. Businesses in the B3 are allowed window signage which is 10% of the total area of all windows on the each building facade. The existing doors and windows of the south elevation floor

first floor total 106.70 square ft. The businesses would be allowed 10.67 square ft of window signage. The definition of window signs includes the glass portions as well of doors as well as windows. So all of that is factored in. The portion of the murals directly related to the business used as a dance studio are the two ballerinas. The left ballerina is 2t and 4 in by 3' 7 in for a total of 8.36 square ft. And the right ballerina is 2'8 in x 3t 11 in for a total of 10.44 square ft. The total window signage directly related to the business use as a dance studio is 18.80 square feet. Everything else on the mural is seasonal and is not representative of the business. That's why we're looking at just the window signage of the ballerinas. Um those window signage requirements are not met. The remainder of the mural seasonal, temporary, and has no relationship to the use as a dance studio. Any questions for me?

Do we have any type of seasonal exception for persons that want to do this type of window signage? To my knowledge, and Gabe can correct me if I'm wrong, there is not anything in the ordinance that allows just seasonal. We just allow it.

So, we've always allowed seasonal. And again, I'll just reiterate what's what what what Amber said in the staff report. We're not looking at the Nutcracker, the candy canes, or anything with that. We're just looking at the ballerinas because they are representative of it being a dance studio for that. But all the other things we're not looking at in terms of signage because it's all seasonal like you see when we have people do scenes of like Frosty Snowman or or anything like that's related to Christmas or Halloween or anything like that. We're not seeing that signage as long as it doesn't have anything related to that business. So, are they going to remove the ballerinas at the at the end of the season? That would everything it would be removed. Yeah, it it'll be removed at the end of the season. I see.

So, this is where you could, you know, if everybody's in agreement, you know, you could say we review this as temporary signage to where it's related to the scene and everything. We on this specific case, we're allowing it, but in general, you wouldn't allow it. This is a special case. Should we put a a time limit? other words. So, you could say, you know, first week in January or whatever. Yeah. And that's if the applicant's here too to speak to, you know, whether it's related to something like that or or the time frame that you want to set that they're agreeable to, you guys could work it out like that. Um 30 days, for example, would that

30 days or 35 or whatever you guys feel is right for that. Uh and the applicants here if they would like to speak uh to any of this, but yeah. So you if everybody's in agreement you guys can make that kind of exception to be like we view this as temporary signage. It's really for seasonal and even though it's a ballerina related to it. So let me ask you another question. Um the way the ordinance is written it's 10% of the total area of all windows on each building facade. So so technically you're talking the whole south facade. So we only view it as the bottom because that's where the building is. on top is um office space. It's a separate business. So that's why

but I mean in theory could those could that square footage not be incorporated into the calculation or we have not done it like that before because it's been to what spaces within that what windows or doors or whatever relate to that business. So a business on the first floor can't have a window sign on the second floor if they're not even on the second floor. So that's why we haven't um done it that way. That's why we went with the the bottom windows and doors on here because they're directly correct. They're related to the business. But never mind. I was just going to say it looks really good in person when you're you're sending it to that traffic light looking at it.

It's I noticed the other day I was like, "Oh, that looks nice." So from that standpoint, I'm all for it. Great. You sure? Hi, I'm Olivia Ratliff. I'm the owner and artistic director of this building. Or not the building, but the dance company. And we need your address. Um 301 West Main Street, Abington, Virginia. Thank you.

Um so yes, this is definitely temporary. We would love to have more um design on the windows as we progress, but this is definitely temporary. Our Nutcracker performance is what this is mostly promoting, and that will wrap on December 7th. So, it will definitely be out um by December 10th at the at the latest or we can keep it through the Christmas season, but it's definitely not going to be there all the time. But, we would love to have continued window um art there. Spot of Color is fantastic. They do lots of work downtown. So, that's our main um purpose for having this window art is for the Nutcracker that will again be wrapped by December 7th.

Any questions for the applicant? You just got to promise that you're not going to take it down on December 10th. I think it looks so nice. Well, in that case, that sounds great. I do. I like it. I think it looks awesome. I agree. Perfect. Thank you all so much.

What's the pleasure of the committee? Uh I I'll make a motion to approve it. um as long as it's down like mid January. So, second week of January. January 15th. January 15th. Okay. Is there a second to that motion? I'll second that. All right. Any additional discussion? If not, if you would call the role. Mr. Austin, I. Mr. Johnson? I. Mr. Pennington. Hi. Mr. Scrolls. Hi. Mr. Wilson. Hi. And Mr. Schuman. Hi.

Next order of business. Certificate of appropriateness Genesis Back and Neck Abington applicant CNM Brown Properties LLC owner certificate of appropriateness for allowance of unapproved internally illuminated freestanding signage located at 432 East Main Street B Abington Virginia 24210 parcel 018-17-1 in parentheses staff report.

Genesis back and neck Abbington the applicant um has requested approval of certificate of appropriateness for allowance of two unapproved 5' 10 10 in by 1t 3 in which is 7.29 square ft. internally illuminated single-sided aluminum sign panel set within the existing freestanding sign structure located near the entrance into the striped asphalt parking lot located at 432 East Main Street. The subject property contains approximately 330 acres and is legally described as East Main Street acreage 331 dwelling in facto map number 014-1-15. The subject property is located at 432 East Main Street. The existing building was constructed circa 1934. According to the Washington County Land Card, the property contains a multi-use building known as Kumbbo Square holding multiple businesses. The existing freestanding sign structure was approved at the planning commission on February 24th, 2025. Access to the site will continue to be East Main Street. Adjoinian properties or zone business general business district B2 on all sides. Applicant request allowance of two unapproved 5' 10 in by 1t 3 in 7.29 square ft internally illuminated single-sided aluminum sign panels set within the existing freestanding stein structure located near the entrance into the striped asphalt parking lot. You can see the images there um both of the southwest and northwest elevation and that is what is existing. The tax map number 014-1-15 is zone B2. Businesses located in the B2 are allowed one freestanding sign per street frontage with a maximum area allowed of 60 square ft. The proposed 7.29 square ft freestanding sign meets

the requirements of the sign ordinance. and um the questions. All right. Thank you. Thank you. Um does the applicant is the applicant here? That would be me again. Daniel Ror 15775 Porterfield Highway representing Jerry Signs. Originally when the sign was proposed, Miracle Ear was going to be in Genesis spot. They didn't have a logo or any drawings or anything at that time. Then once Chris finally got his stuff together, we ended up putting Genesis there, moving Miracle Ear down. That's why it wasn't on the original proposal, the application. All right, questions.

But but it now exists as it's shown. Is that correct? Yes. Yes, sir. Okay. Yeah. It was just coming before you and Daniel said, you know, the it just wasn't in the when the structure got renovated. So that's why they had to come because it wasn't technically approved for that one. So It's not because the the miracle ear no ascended. No, no, no. It's because we didn't even that wasn't on the plans for it to be in there. So like chiropractor first, all these other ones were on that. This one was a new one. So that's why because this what we encouraged so we don't have to sit here and approve all signs every time. So this didn't have a comprehensive sign plan with it. Okay.

They just redid the freestanding sign structure. Now, if they went for a comprehensive sign plan, then it would just go then once you guys approve that plan, it just goes before staff to approve that. So, that's one of the benefits of having a comprehensive sign plan. Exactly. And that's why when we have meetings with other property owners that own buildings like this, we try we try to say, you know, comprehensive sign plan might be the best because you go once and then as long as you fit the space and everything, you just have to turn a sign permit. Uh this property just they didn't do that at that time. The jury sign just came to what was asked of them to do at that time. So if we fill the two bottom cabinets, same same process. Yep. So can we do that now or can they do that now? Comprehensive.

So they could apply for a special use per special use permit to get that comprehensive sign plan once and then they don't have to do this again for the other one after. Or if they want more signage if they come to you for the walls or whatever would be right, that's when they would come to you and have that full plan set out. So that might be a way to move forward. So as long as the I mean the only reason that would have to come back before us would be any deviation in color or anything of that nature. Otherwise, you know, really don't need to see it.

Yeah. And if you guys don't want to see it again, then we can say, you know, we can view it as a minor thing. It's up to you guys in a sense to make that determination. It's just our job to bring it before you when we don't have uh direction. We need direction from the plan commission to see which way we want to go. So, and we did something similar at the Johnson Center a couple meetings ago. Yeah. When it was white. Yeah. Yeah. So, if you say, you know, if the if the other one is white with whatever color is used for their business, whatever business goes in there, then we can just say, okay, staff can just look at that part of it then.

Yeah. I think it's cumbersome for the planning commission also for the applicant to have to come in as various businesses change just to slide one one uh signage in and the other one out. We can avoid that in the future. That's great. Yeah. And that's why we always try to propose the comprehensive sign when we're meeting with people first. So this way you guys just see it once and then they can go on their way with fully developing it. So, um, that's something too, you know, when somebody comes, if you feel free to always say, you know, would you think about doing this instead of just having one sign after the other, that's well within the right of the plan commission to ask an applicant as well in that case.

So, I mean, do we need to do we want to do that now is your question. It's really up to you. If you feel that you if you want to make a motion in there and then saying you know for the you approve this sign but you also say with the other two signs if that's you know agreeable to the applicant and you guys say as long as the sign you know that faces still are white background with whatever color the business uses for their logo and letters. You can do that as well. It's kind of up to commission. I'm I'm in favor of that and then putting it putting the authority back in staff's hands.

You want to make that a form of motion? Uh approve the well twofold I guess. One first is approve the COA as submitted. uh coupled with um provided future signage does not deviate in uh colors um staff have the authority to approve the remaining two two areas. Okay. Okay. Is there a second to that motion? I'll second. All right. Any additional discussion? If not, if you would call the role. Mr. Austin. I. Mr. Johnson. I. Mr. Pennington. Hi, Mr. Sprouls. Hi, Mr. Wilson. Hi,

Mr. Schuman. Hi. Can I ask one thing if you can type that up in an email and send it to me about the sign and everything just so I can tell Chris about it? He's the property owner. Yeah, that'll be in that'll be in your uh letter that we sent to you and uh if Chris's email's on there. If not, just feel free to forward that to him. And if you want to CC me on there, I will. Okay, perfect. Thank you. Thank you.

Uh, next order business is certificate of appropriateness CNM Brown Properties LLC owner Dunford Roofing Representative Certificate of Appropriateness for roof vents in rear left porch roof located at 432 East Main Street, Abington, Virginia 24210. Parenthesis parcel 014-1-15 in parenthesis staff report Dunford Roofing, Inc. applicant and CNM Brown Properties LLC owner have requested approval of a COA for the following items. Remove the existing asphalt shingle cladding from the rear left porch roof. Clean and dispose of debris from roof gutters, driveways, flower beds, and general ground areas. Remove the loose nails from the ground using magnetic sweepers. Install new metal flashing where needed. Install 1,000 square ft of synthetic underllayment. Install 36 inch course of icewater shield underllayment at eaves. Install 96 feet of aluminum roof edging painted white. Install 13.33 squares of Landmark roofing shingles manufactured by Certainted LLC. Color of new shingles shall be driftwood. Furnish and install three new 12in x 12in black aluminum slant back roof vents that protrude approximately 4 in from the roof surface. located at 432 East Main Street, Sweet B, tax map number 014-1-15. Property is within the B2. The subject property contains approximately.33 acres and is legally described as East Main Street acreage 331 dwelling in facto. The existing building was constructed in 1934 according to the Washington County Land Card and contains multiple businesses known as Combo Square. Access to the site will continue to be East Main Street. The joining properties are zone general business district B2 on all

sides. The applicant proposes the following ACC COA eligible items. Remove the existing asphalt shingle cladding from the rear left porch roof. Install new metal flashing where needed. Install 1,00 square ft of synthetic underllayment. Install 36 in course of icewater shield underllayment at eaves. Install 96 ft of aluminum roof edging painted white. Install 13.33 squares of landmark roofing shingles manufactured by Certainted LLC. Color of new shingles shall be driftwood. Furnish and install three new 12in x 12 in black aluminum slant back roof vents that protrude approximately 4 in from the roof surface. You see the attached pictures there as well. They provided a a sample that was in your staff report and the images of the vents as well as the color and there should be someone present if you have further questions for them.

Question for Miss Howard.

And again, this is something just to clarify. The whole project was in there, but really you're just looking at the vents because the vents are not there at the moment. Now, this is something if you deem that this is a minor action that can be approved through a COA waiver with the whole roofing for future projects. That's up to the board to determine. Uh we just felt based how the ordinance is right now. We didn't see this as a minor action because you're changing the roof kind of shape and everything with adding those vents, the profile of the roof. So, totally up to the board to decide if you feel that it's a minor action that we can move forward with that as well. or if you want to see these sort of things move forward, but really you're just looking at the vents that they're adding.

I make a motion we approve those uh roof vents and deem that this is minor action going forward and allow staff to make those decisions without it coming before planning commission. Is there a second to that motion? I'll second. All right. Any additional discussion? If not, if you would call the role. Mr. Austin, I. Mr. Johnson, I. Mr. Pennington, I. Mr. Sprouls. I. Mr. Wilson. Hi. And Mr. Schuman. I.

Next order of business. Certificate of appropriateness. Maria Martinez. Applicant. Apex Holding LLC. Owner. Certificate of appropriateness for allowance of unapproved window signage. located at 560 West Main Street, Unit 104, Abington, Virginia 24210. Parentheses 018-1-33 in parentheses. Staff report.

The applicant has requested approval of a COA for the allowance of unapproved EC eligible items. Install one five foot by three five foot by three feet 15 square foot non-illuminated single side vinyl window sign installed on the far right of the right interior windows of the north primary facade. Install one twoft 3 in x 3t 2 in 7.11 ft non-eluminated single side corrugated plastic window sign on the middle of the right interior window of the north primary facade. Install one 4 foot x two foot eight square foot non-illuminated single-sided corrugated plastic at the bottom of the left interior window of the north primary facade. Stall one internally illuminated single-sided 1T6 in x 1t 6 in in the far left interior window of the north primary facade. Subject property contains approximately 0.580 acres and is legally described as Palmer land acreage 0.58 tax map 018-1-33. Subject property is located at 560 West Main Street, unit 104. The existing building was constructed circa 1964. According to the Washington County Land Card, the building is occupied by Per Pure Peace Spa La Miko Kana and an apartment. Access to the site will continue to be West Main Street. Joining properties to the northeast and west are zoned general business district B2. Adjoining properties to the south are zone high density residential district. The applicant proposes the following items. To install one 5 foot by three foot 15 square foot non-illuminated single side vinyl window sign installed on the far right of the right interior window of the primary north elevation

image shown. Um that one is still there. Install one twoft 3 in x 3'2 inch non-illuminated single side corrugated plastic window side on the middle of the right interior window of the primary elevation. Install one 4tx twoft 8 square ft non-illuminated single side corrugated plastic at the bottom of the left interior window. Install one internally illuminated single side 22in diameter window sign in the far left window of the north primary facade. Businesses in the B2 may utilize 10% of total window door coverage per facade for window signage. The business has overall total window and door coverage of 213.67 ft. A maximum of 21.367 ft can be utilized. All signs combined are equal to 32.75 square feet. One or more signs must be removed to meet the requirements. The vinyl banner is 15 square feet which would allow 6.367 square feet remaining for the other signage. Um at after sending this report to the applicant um she did remove some of those signs already. So that would be the the vinyl 15 square foot banner will remain. There are also four business hour signs posted on the windows doors and two open signs. one which is internally internally illuminated. Plane and commission conclude in their motion that all but one business hour sign is removed. The internally illuminated sign is permitted if it does not flash. Under the awning, there is a yard sign in a Lowe's bucket with a business name listed. This should be removed. The freestanding signage of the previous business location, 604 West Main Street, must also be removed. The existing canopy sign should be removed or replaced with a new business name. I mean again some of those signs first

mentioned have been removed. So the the main sign the the Tianda Mexicana that one is still there.

So the the that canopy sign that doesn't count towards anything right now. It's just the old sign, right? It's just old and existing. just noted that it should be removed or replaced. But I guess the question might be there is that would that be the responsibility of the applicant who's renting the space or would that be the responsibility of the building owner? Building owner it should be

usually it's either the previous business that's there that just takes their signs when they leave or uh sometimes the property owner takes them down. Well, I I guess the reason I'm asking that question is the applicant has a business and the applicant's renting the space for their business and the awning that's there

is not part of their business. So, in in doing what we need to do tonight, it seems to me that one of the things we need to do is to deal with the window signage, which is the responsibility of the applicant. But should we deal with the awning in a in a different way because it does not appear to me that the applicant who is a renter has the responsibility to remove the awning sign.

Yeah. You could also say you could just give staff, you know, say staff can move forward with contacting who they see, you know, the property owner in this case would be to remove the existing business's signage that was there. Obviously keep the canopy. We're not asking you to take down the canopy just to take off. Yeah, that um if I can go back to this. Well, the sign was the applicants before we can tell the property owner take it down, but usually the business the existing business takes their signs from their area. Well, again, you've got the awning that has the Mountain Patriots

that needs to be removed as well. So this is on the neighboring parcel. So the one next door, the freestanding sign. Yeah, the freestanding sign that's next door. Yeah, this is their that was their previous location. They essentially move from one building to the next. So uh can the uh Tianda Mexicana sign just be put on the white wall right next to the window and not count as window signage? No, it's window signage, but it' be a freestanding sign 60. Did you say the

this one? You mean the awning was not factored in the awning as a canopy sign is not included in any of the square footage that I've listed before for the window sign. It's only says that it is the previous business owner and should be dealt with. It's just noted. A canopy sign is different in our ordinance to separate from window sign. So that's why it's a separate type of sign. Okay.

Yep. So they like need the main sign whether it's in a window or but then the the services of sending money is also probably an important part of an important service they offer. So they need those signs. I don't know about all the open signs. So when I we we drove by there um recently, so after the staff report was written and sent to you all, we did a followup. The uh RIA sign on the far right was removed and the the green sign on the left was also removed.

Okay. Um and then the other signs, I think, and the other window were still there. That one in the back was gone, but the the circle one's still there. So, they still have access to see there's a money transfer sign. And just to let you know, Mr. Wilson, uh in total, uh if the vinyl sign is capped, which is 15 square feet, they would still have 6.367 square feet to work with of extra signage that they could have in the window within that 10%. So, so they're they can definitely keep the 15 square foot one and one one of the other or two depending on which one you pick where they pick. So,

when you went back by was the Lowe's sign and or the bucket the yard sign and the Lowe's bucket was it gone? I think that was still there when I drove by, but that was on Friday of last week. So, they might have been removed since then. I I assume staff pointed that out too. Right. It's it's like it counts as signage if the their names on it. So, and and were the multiple signs still on the window for the opening closing. Looks like here's what one, two, three, four. It seemed to me that would be an easy solution. The all those little ones go.

Yeah. And then you just have the one open. It's either I don't know have one with the hours and then the open sign. Yeah, it seems solvable. I just don't know if it's up to us to solve it or they just propose and say, "Hey, that's what we're going to do." I don't know. It's a good story. I like it been in there. So just have staff work with the applicant to reduce the signage until they meet the square footage requirements. And that I think Yeah. And that can be with well within your motion just to say, you know, planning commission makes the makes the

makes the recommendation to approve the signage with the condition that the applicant works with staff to ensure that they meet the 10%. So that should be sufficient enough for us to then we can work with the applicant to say which ones do you want within this 10% that we can work. I'll make that motion then what you just said which is we're authorizing staff to work with the applicant to uh come within the regulations as far as the square foot and which signs should stay or go. No. Okay. Do we do we want to include in that motion dealing with the awning or should that be a separate motion? That's not their That's why I'm asking they don't have control over it probably.

That that's why I'm asking the question. Should we have a or is that something staff can that's something we can handle where it's in our ordinance where signs that shouldn't be there aren't there. So that's something that we can we just want to bring more bring it to your attention. As long as you can handle that, that's fine. I just want to make sure. Yeah. Yep. Second. Okay. Any additional discussion? Does it go without saying the points that we made with the multiple opening closing signs and the yard sign? Those would certainly go. Yeah. Yeah. Yeah. Absolutely. Yeah. Yeah. Thank you. Uh should I do roll? Yep. Mr. Austin. I. Excuse me. Mr. Johnson. Hi. Mr. Pennington. Hi. Mr. Sprouls. Hi. Mr. Wilson.

Hi. And Mr. Schuman.

Hi. Next order business is a public hearing. Zoning map amendment. Three zone split zone parcel from low density residential district R1 and high density residential R3 to high density residential district R3 located at TBD Street Abington Virginia 24210 parcel parenthesis parcels 126-1-1 12A in parenthesis staff report I'm going to Give Amber a little break here since she's been getting up everything. So I'm up now. So the request Derek Lester, applicant in Bescom and Am an M Ray owner have requested approval of a zoning map amendment to reszone tax map number 126-1-12A from low density residential district R1 and highdensity residential district R3 to highdensity residential district R3 solely. Loia at to be determined Street, Abin, Virginia 24211. The request to reszone requires a zoning map amendment, therefore requiring a recommendation of approval from the planning commission and approval from the town council prior to completion. The subject property contains approximately 2.750 acres and is legally described as TR Henry D. Sullins's land acreage 2.75. Tax map number 126-1-12A. Generally subject properties located on Coming Street. There's no building there, so there's no address. Background. A zoning amendment application was submitted requesting a zoning map amendment for tax map number 126-1-12A. Currently, the undeveloped property consists of forest, nonforested, and forested areas. Tax map number 126-1-12A is split zoned.

uh lowdensity residential district R1 and highdensity residential district R3. The applicant wishes to reszone to solely highdensity residential district R3 to allow a uniform set of standards throughout. Access to the site will continue to be Street. Adjacent land uses/zoning adjoining properties to the northwest are zone highdensity residential district R3. Properties to the northeast, east, and south are zone low density residential district D R1. and joining properties to the west are zone general business district B2. Staff findings currently the undeveloped property consists of non-forested and forested areas. The parcel is split zone, lowdensity residential district and highdensity residential district. The applicant request to reszone the parcel to solely highdensity residential district. The zoning map amendment or ZMA findings are the following. Consider the proper relationship of such amendment to the entire zoning plan. A reszone of the parcel from low density and highdensity residential to solely highdensity residential would eliminate any existing split zone parcel within the town of would eliminate this split zone parcel within the town of Abdan and extend the already existing highdensity residential district further south towards the town limit running along Street. Consider the integrity and validity of the zoning districts described in this chapter. The parcel will be subject to the required highdensity residential district R3 minimum lot area, minimum frontage, minimum yard setbacks, open space requirements, and all other applicable requirements set forth by chapter 44 land use. Article 8, community design standards for any future development. Tax map number 126-1-12A has a square footage of approximately 119,790 square feet meeting the requirement for square footage for all dwelling types allowed in the highdensity residential district R3. Tax map number 126-1-12A has a frontage of approximately 368 ft meeting the requirement for frontage for

all dwelling types allowed in a highdensity residential district R3. Avoid isolated unplanned spot zoning changes in the zoning district map. Adjoining property to the northwest are zoned highdensity residential district R3. This request would not be considered spot zoning. Recognize that a certain element of stability is desirable in land use controls, but conditions and standards will change. If reszone, tax map number 126-1-12A would no longer be splitzed, creating a stable parcel governed by one set of standards instead of two. A reszone tax map number 126-1-12A may become developed depending on the type of dwelling or dwellings proposed upon official submission of plans. However, a large portion of the property is steep and considered undevelopable. The existing forested area will remain a natural buffer for any future development to properties adjacent found to be less intensive in use. So I don't let me go back here real quick. So pretty much from here up this way is like just a hill. It's pretty steep and everything. That's where all the natural forest is. And as you can see, forest comes pretty much to here, too. Consider the right of all citizens to be treated reasonably. A public notice was made for public consumption. Adjoining property owners were notified of the of the applicant's request via certified mailer. A notice was posted on tax map number 126-1-12A a week before the meeting date and all other requirements pursuing to Virginia code section 15.2-2204 were adhered to evaluate all changes based on the comprehensive plan and comprehensive analysis of community conditions. The request aligns with the abidident comprehensive plan for more housing. Um I did receive one uh public comment uh from an individual and I'll read it in into the record. uh says, "Dear Mr. Cochran, I am a

contiguous land owner to tax map to tax map parcel 126-1-12A. I hereby submit the attached petition for the town's administrative review regarding the pending reszoning application notice for the plan commission meeting on November 24th, 2025. The petition outlined several procedural and legal concerns requiring attention by the town. I respectfully request that the town review the matters present in the in the petition and advise regarding the status of the upcoming plan commission hearing. Petition to the town of Abdin, Virginia. One introduction. My name is Judy Hoenacre. I am a land owner directly affected by a res by any reszoning of parcel 126-1-12A. I submit this petition challenging the town of Edmond's acceptance and processing of a reszoning application filed by Derek Lester who is not the owner contract purchaser or authorized agent of the owners of the parcel. Two, factual background. Washington County real estate records identify the legal owners of tax map parcel 126-1-12A as Ray Biscomm C and N M and NM with a mailing address of 2000 Plumwoods Circle Sber, Indiana. Uh 47172-92 C attached land card. This parcel is currently zoned R2 according to the land card. The town of Evans notice of public hearing identify as applicant Derek Lester. Uh Derek Lester is not the recorded owner of the parcel is not a contract purchaser and is not an authorized agent of the owners. applicable law town of Edmond zoning ordinance and any amendment to this ordinance or the zoning map may be initiated by the owner contract purchaser with the owner's re request or the owner's agent therefore of the property which is subject of the proposed zoning map amend amendment or reszoning Virginia code section 15.2-22686 2-22686

parenthesy 7 parenthesy. The governing body may amend the regulations or district boundaries from time to time but only upon one petition of the owner. Two, recommendation of the local planning commission or three motion of the governing body. For argument, the town's zoning ordinance in Virginia law require that a reszoning application to the planning commission can be initiated only by the owner, a contract purchaser with the owner's writ or or the owner's authorized agent. Because of the application for parcel 126-1-12A was submitted by Derek Lester. An individual is none of these, the application is void AB hit indu. The Washington County government website identifies the applicant Derek Lester as Washington County storm water and ESC administrator. Mr. Lester's county government position underscores the irregularity of initiating a resoning application for private property. He either owns nor represents. Nothing in town ordinance or Virginia law authorizes a county employee acting in any capacity to initiate a reszoning application for private property in the town belonging to land owners whom he has no agency. Five, misrepresentation of existing zoning and improper applicant status. The public notice falsely states the parcel lies in a mixed R1/3 zoning district. The attached land card confirms the entire parcel zone solely R2 single family suburb. The notice is therefore factually defective. The defect the defective notice deprivives the public of due process. Six relief requested. Uh I respectfully request that the town of Abinon one reject the resoning application filed by Derek Lester. to cancel the November 24, 2025 public hearing and confirm future applications comply with Virginia law and ordinance section 3-2-2 parenthesy A close parenthesy parenthesy

1 close parenthesis parenthesis C close parenthesis respectfully submitted Judy Hoenacre and we received this on November 14th 2025. Um, I'll let the applicant state what their relationship is with this whole thing. But, um, to touch on some of the, um, mentions here, let me just find it here real quick. and the own and the applicant will uh go over the first point here what the relationship is but uh again the recommendation is the recommendation would come from plan commission if you see this is right and then it go to town council

the letter indicates that it's all R2 but yes and that that's another point I was getting to so the land card reflects R2 which is Washington County zoning okay town of abin has its own zoning. We do not comply with Washington County zoning. Okay. So, that's that's the first thing that jumped out at me. I was like, well, this is in the town, so we go by town zoning. Yeah. Not what's on the land card. So, and the notice and everything said it's split zoned R1 and R3, which it is. And they're just looking to bring it into R3 solely to have a set form of standards. Okay. Um, the applicant is here to, you know, provide you information on the other points that I mentioned

and make a presentation. Derek Lester, uh 152 Main Street. So, uh me and Rob, we've got this property under contract. Um we're just doing our due diligence work right now with it. Uh got a closing in December, but getting it reszoned uh to R3. Uh just, you know, a couple things with municipalities having congruent zoning is a good thing. you know, split zone's not an ideal use. And also, we could probably do what we want to do with it the way that it is. Uh, but for a better layout, we want to have the the town homes up against the hillside. So, that just going off measuring on GIS, you know, it's not it's not surveyed, but that's like roughly 70 ft right there. Uh, like 7 acres total. Um, we could put we could flip the houses and put them on this side and then they would just face the hillside, but we don't think that would be aesthetically we think it would be a better project. It would be better for the community if if we set the houses against the hillside and faced out. Um, couple other things. Uh, know I'm the applicant, not the owner, but the owners did sign the application. income. I mean, they're aware obviously we have the property under under contract and I am no longer employed at Washington County as of I think like March. So, yeah. Any questions?

So, this would still he's a contracted purchaser. Yeah. Well, one thing I I I want to make sure everybody's clear on is that when as we discuss the zoning, we're discussing the zoning only. We're not talking about any kind of plan for the for the property and and I want to make sure that all we're doing because it once there's a plan that goes through a totally different regulatory requirement and that's not what we're here for tonight. All we're here for is to determine whether or not to approve um getting everything in R3 as opposed to having a split zone as it is now.

That's correct. Any any questions for the applicant? One question I have in staff report, you said that the majority of the property and I know from topographic standpoint, Mr. Lester, that it can't be developed and or it's going to be very expensive to develop, right? But there's no prohibition on developing that.

That could be a borrow area. That could be depending on what the demand was or anything of that nature. I'm assuming you could at some point, but where did staff's comment originate that the rest of the property would not be developed? I said it's undevelopable in the sense of that it is a big hill. It would cost a lot of money to take all that. Plus, you'd have to go through EM uh storm water management and everything because then you'd be distributing a lot more land. So, that's where we came up with that where it's in all honesty, it's pretty much undevelopable because you'd have to take out that whole hill. But again, anything's possible with money, but it kind of comes down to if they want to do it.

Yeah. You you literally could develop it if you wanted to. Yeah. But it's not conventionally attractive exactly to development. And we also stated that we don't have intentions part of the the site plan. Uh because of the different zoning, we'd have to provide a buffer anyway. So if we did do something, we would have to come back and provide a a landscaping buffer. So, it's best to just leave what's there. Any other questions for the applicant? All right. Thank you. Yeah, of course.

Okay. The next thing we need to do is to open the public hearing to comment. So, I'm going to open the public hearing now. And Miss Hoaker, if you want to make a comment. My name is Judy Hmaker. I live at 404 Fairway Drive, Avenue, Virginia. I've lived over there uh over 35 years. And in that time, there has been numerous um offerings to have that property sold. I just want to be on record, as you can see from the pictures or whatever, that land is underwater 90% of the time. And there's underground water that flows from the mountain the entire length of my property, 3 acres of my property, and dumps on that land. The land is filled full of swamp water, cattails, and I'm just I'm very concerned because I've had property developed on the other side of this property. I've had um I've had numerous violations against my own property. I've had a fence line taken down. I've had trees cut down. I've had uh a fire set in the middle of the day and I have sent videos. I with all the due respect you guys, I really respect what you do, but I want to make a point of showing my opposition to the lack of confidence I have in a town of protecting the property rights of those of us that are there. And um if you know, if Mr. Lester has a contract and I will I will abide by that. I will abide by the zoning. I will I'm a taxpayer. I'm also a Washington County employee and have been for 35 years. I just want to make it publicly known that that is a

swamp land and I have already been violated on the right side of my property numerous times. I've had my internet cut cut in two three times. I've had a fence taken out without my permission. this piece of property that he is um trying to get reszoned had a complete line of trees with cherry trees and locust trees and the owner on the right side of that property cut those trees down and moved them off without anybody's permission as he did my own fence. I just I really appreciate what you all try to do, but I would like for some protection of of the homeowners property that borders this.

Thank you. Any questions for Miss Honeaker? I I think that the key is that what we would do to um reszone this to R3 would not be giving any um approval to a plan without the plan being submitted, reviewed and approved by the town and potentially to be approved by the planning commission depending on how how the subdivision was constituted. Is that correct? So yeah, so if they submitted an application for a uh development, it would go through the proper check. So storm water management since it would be townhouse, it would be go through the condominium act. So that's what we would be looking at to make sure the designs and everything meets. If they do ask for something that's uh an exception to where it kicks to go to the planning commission, that's when it would come to you all for that exception for what they would ask for. But other than that, it would have to meet state and town ordinance requirements for all that. Just may I add one other thing, Mr. Schuman?

Sure. The it's a matter of public record that the property on the the that has been under development on the right side is is really what's causing me to be upset. The environmental quality has issued three cease to work orders because the water that's running across underground the underground springs is running into the creek and they have made I don't know how many trips out there and it seems to be a problem and I just want to make sure before this before this gentleman tries to develop this that everybody knows that that is swampy and it is continually fed by mountain strength.

Any questions from Miss Honeacre? We appreciate your comments. Any anybody else uh to speak at the public hearing? If not, I'm going to close the public hearing. Get to bang the gapple. That's um All right. Now I have a qu is is the property she's talking about on right is that in town or in the county. Which one where she was talking about the development talking about the property that's under development right now? That's in town. I wasn't I wasn't I wasn't sure about that.

Gabe, one question I do have relative to R3 zoning is access to public water and sewer. Um I know there's a provision saying they would connect and I understand the perview is just the zoning but with R3 it's public sewer and public water. Yep. And there is where is the proximity?

If you give me one sec. Hold on. Give me one sec here. I'll pull it up. using Anna's computer.

No, she was just saved in there for some reason. I don't know why that happened, but there we go. Sometimes you log on and whoever was on here last that logged into the applications on there. So see, so there's a line right there. So they're they' be connecting to the same same thing pretty much. So it' be public sewer and then I'll get you to the water here. Give me one sec. I wasn't aware that it actually extended out to Where's public works?

There's the water line. So, it would have to be public infrastructure and everything. Correct. And uh if they do any if they do have any streets in that one, which this is a tight fit, so it either be a driveway into a parking lot or if it's a street, it would have to be a public street since the ordinance requires all streets to be public. That's something we changed maybe a year ago where nobody can have a private street anymore going into a development. So thank you. Yep. What do we want to do?

Well, I'll make a motion approve the request. Okay. Is there a second? I'll second it. All right. Any additional discussion? Not if you call the role. Mr. Austin. Uh, I Mr. Johnson. Hi, Mr. Pennington. Hi, Mr. Sprouls. Hi, Mr. Wilson. Hi. And Mr. Schuman. Hi. All right. Next order of businesses, old business matters not on the agenda. Um, Mi Mr. Bell, are you back there because you would like to address us?

You want me to justify my existence? No, I'm just here to share your words of wisdom. I just thought since you were there, you might have some words of wisdom. I made it all go smoothly by me sitting here. All right. Anything else additional to come before the commission? No, I don't have anything. If not, is there a motion we adjourn? So move. All right. All those in favor signify by saying I. I. Any opposed? We're joured.