Planning Commission - Regular Meeting

Welcome to the Town of Abington, Virginia Planning Commission regular meeting. We appreciate your interest and we encourage public participation in our meeting. Your comments are important to our decision-making process. There will be two opportunities during the meeting for you to address the commission members. The first will come when we ask for public comment not on the agenda. The second will come when there is a public hearing and the chairman opens the public hearing for comment. Anybody wishing to address the commission can do so at either one of those two times. Anyone addressing the commission will approach the podium, give your first and last name and your complete physical address. Comments must be limited to three minutes. Um, roll call. Mr. Austin, Mr. Johnson, present. Mr. Thompson, present. Mr. Pennington, present. Mr. Sprouls, Mr. Wilson, present. Mr. Schuman, present. Um the next order of business is approval of minutes. U there are two separate minutes. The first one is from April 28th regular meeting. Are there any additions or corrections to the minutes of April 28th? If I may interject, uh it seems based on some of the members that were absent and then some that are here tonight, we would not be able to approve these because we don't have a quorum to vote for both minute sets. Okay. So, so I would just So, the 28th we can't. Yeah, the 28th and the May ones we can't based on who Oh, either one of them. Just because of based on who uh from what we received today about uh who who was going to be missing the meeting. So, I would just say if you could make a motion to table both those minutes. Okay. For the July meeting to be approved. I'll make a motion we table the minutes until the July meeting. Is there a second? I'll second. All right. Any additional discussion? Um if you'd call the role.

Mr. Johnson, I Mr. Thompson, hi. Mr. Pennington, I Mr. Wilson, hi. And Mr. Schuman, hi. Uh, next order business is public comments for items not on the agenda. Um, we have one person signed up to make comments. Um, Heather Howard, if Heather's here, How is everybody tonight? Good. I'm Heather Howard. I'm uh actually the chairman of the board of zoning appeals. Sit with Mr. Schuman, but I'm not here in that capacity tonight. I'm We need Could you give us your full address, please? I am a resident at 416 Fairway Drive here in Abington, uh backside of Country Club Estates. So, I'm here today because I have some real concerns about the pro the townhouse project going on behind my house. Um, known as commonly known, I think, as the village at Green Springs. Are you all aware of that? I didn't think you were. You are. Okay. Well, I've been going back and trying to look at your minutes and trying to look at your agenda to figure out what, if anything, about this project has ever been brought before this commission. Some of the minutes I can't even find online. Some of the agendas, um, I'm trying to parse together what your level of involvement in the project has been. Um, we became concerned about three weeks ago on June the 3 when trucks rolled up in our neighborhood unmarked and men jumped out and started beating on doors.

Thankfully, I was not home that day, but many of my elderly neighbors were. Uh, one of my neighbors ran to the door, answered it in his box or shorts. He thought somebody's house was on fire. Come to find out who it was, we found out that that's how the construction project is going to be doing blasting with explosives in our right next to our backyards. That's how we all found out. We didn't find out anything from the town. Um, the folks that came to Fairway Drive and the unmarked trucks were from a company called VCE Technical. They are out of Nashville, Tennessee. As I did more research on VCE Technical, I learned that VCE Technical has four different sides to their business. One side of their business VCE Technical, the other side VCE Investigative, the other side VCE production, and the other side VCE Incorporated. Now, VCE Technical is who came to our homes. VCE Technical came to our homes telling us, "Hey, guess what? We're going to be doing construction blasting, and we're here to give you a free structural survey of your home to make sure that everything is copathetic before we start blasting." Come to find out, VCE Technical was hired by the blasting contractor. Now, we were told by VCE Technical that the blasting contractor is a company called East Carolina Drilling and Blasting out of North Carolina. That's who he said he worked for.

A lot of my neighbors let him in. A lot of my neighbors let him do an inspection of their home. We have now found out that VCE technical um part of that business, VC Investigative, they're expert witnesses that they send to court if the blasting company gets sued. So, we found out that there was going to be blasting in our backyards from these unmarked trucks that show up with people beating on our doors telling us, "Oh, yeah, we're going to blast." All these homes are in country club estates. They all have basements. Two of them have pools. We were told by this guy from VCE Technical, "Oh, well, there's at least 15 structures in the danger zone of this blast." He told another neighbor 22 structures. He told me 15. I asked this man, "How is it that you determined that 500 ft is the danger zone around this plast area?" Nobody can tell me that. I I'm I've been asking this question for three weeks. I have been the biggest menace to the town that has ever walked. And I think Gabe can probably attest to that. I want answers. Okay. I sent a foyer request to the town. This is printed front and back. Okay. There is no information because everything important has been redacted out. even the name of the contractors. Um, we're very concerned. We're very concerned that the project is underinsured. Um, we have no idea how many structures are really in the danger zone, 15, 22,

maybe more. We have no idea how they came up with this arbitrary 500 ft danger zone rule. But what really concerns us the most is that only the neighbors on my side of the street on Fairway Drive got the door beating from VCE. My neighbor across the street who was closer to the build site than my neighbor two doors down was never notified. Now, it defies common sense that he wouldn't be in the blast zone, but my neighbor further away would be. We want to know what's going on here. We want to know how they determine 500 ft is the danger zone. People need to be able to take action to protect their homes before people start blasting with dynamite. Um, I don't know. I'm sure you all are probably familiar with construction blast damages, but they can be very, very significant to homes and foundations and pools. There's a business, a very large business, turf pros, right across the street. Um, there's a whole lot going on here that we are very concerned that you all don't know about and and we want answers. Well, I think part of the issue would be this is not something that would come before us. Gabe, if you could explain that because has to do with subdivisions and and by right and so forth because I don't think we would we would take any action as a planning commission on this particular situation. Not that I don't have share your concerns. I just don't think we're the appropriate body to to do anything. And I think if you Gabby, if you could give Heather some guidance as to where she because I mean she clearly has some concerns that need to

be addressed. And so the as I've talked with you, Miss Howard, that the project has gone through the staff review and everything's gotten all the permits that it needed. The area where it's at now, it's zoned R3. So the town houses are by right use that they can do there. They're not subdividing any land. So if they did, it would have been a major subdivision that would have came to you, but they're not subdividing any land. There is a subdivision request in the FOYA documents that I have. That's a boundary line adjustment. No, it's a subdivision request. The subdivision application. Yeah. One of the options is a boundary line adjustment. That's what they chose. And then in an email from you, you stated this plat is not intended to be a boundary line adjustment. That's probably for a condo plat. They needed for to sell the units. In any event, what I would like for all of you to know is that we on Fairway Drive are extremely concerned. We are being completely stonewalled for information when we ask for it from the town. This is not transparency at all. And I want all of you all because you hold very important offices here in the town to represent us as citizens, please ask questions and find out what is going on here because everything that I'm getting is not passing the smell test at all. At all. I would very much appreciate if all of you all would do due diligence and ask some questions because we're not getting any answers as citizens. So, if you want to wait through this entire meeting when it's done, I've done tons of blasting on projects. I can tell you generally about blasting and what

happens and what they're doing. I don't know specifically what these guys are doing, but I can tell you how it usually goes. if that would be help and he would be the the the expert that we would look for on the commission and it doesn't have anything the whole thing doesn't really have anything to do with the planning commission itself since we did not approve the thing but as an as a civil engineer I can probably address some of your questions so that you understand what they're trying to do. Yeah, that would be great. Um cuz there's definitely crickets when I ask questions from staff and you know this is an issue where we all need to have adequate notice to be able to protect our property. I had to hire a structural engineer at my own expense to come and perform a structural evaluation of my home simply because I researched the man from BC and I know who he works for. So, he's not the person that I want doing my structural inspection. I'm out of pocket for that, but I'm trying to protect what I have worked very, very hard for my whole life. Um, I feel like there have been multiple OSHA violations, multiple DEQ violations. I'm very disappointed in the oversight that's happened from the town. Um, how how in the world is it that there's not as of June 11th, there wasn't even a proper settlement for this site? Miss Howard, we appreciate your concerns, but we we have a very busy agenda. And I know you do. This this particular issue we we can't address as the planning commission. If we could, we would, but but we but we but we can't. Again, I'm just here bringing it to your attention, calling it out, bringing it to light, bringing it out of the dark of town hall and asking each and every one of you to perk your ears up because something is

not right here. Well, just like Mr. Thompson stated, um, if Wilson, Mr. Thompson, it's been a long day. Um Scott can go over all of the technical aspects of how blasting normally occurs. It is normal process before blasting that you are going to have a survey done by an independent third party of any structure that is going to be in the area. Typically you have seismic graphs things of this nature that will measure all of the flows and all of this I'm sure you know the town has taken in. But just like Mr. Schuman, Chairman Schuman said, um, if you want to stick around afterwards, I'm sure. Thank you very much. And thank you for bringing up the word seismograph because that reminded me the facade of VCE, they have their own seismograph company and they calibrate their own. I asked them, "How do you calibrate your seismograph?" Well, come to find out, they calibrate them inhouse and I do not find that to be trustworthy. Thank you very much, Miss Howard. We We really need to move on. Thank you. All right. Then uh next order. Is there any other person that has a comment not on the agenda? If not, we'll move on to the first certificate of appropriateness. Dennis Morfield, 2124 Battle Hill Drive, Bristol, Virginia 24202. Applicant, Hotter Girls Properties LLC, 3072 Waters Edge Drive, Norristown, Tennessee. owner certificate of appropriateness for external I'm sorry exterior painting non-illuminated door signage and non-elilluminated projecting sign signage located at 274 West Main Street Abington Virginia 24210 parentheses parcel011-8-1

in parenthesis staff report good evening Kale Conklin planner one with the town um Dennis Morfield the applicant and Potter Girls Properties LLC owner have requested approval of your certificate appropriateness for the painting of the primary north elevation of the building. Uh installing of a non-elilluminated door sign and replacement of the existing non-elilluminated projecting sign. Uh currently bronze and bling beauty bar and boutique uh occupy 274 West Main Street. At the October 28th, 2024 planning commission regular meeting. Uh the planning commission approved um the color Sherwin Williams uh berries galore and a nine square foot projecting sign for Mitsy's on Main. Uh the business Mitsy on Main did not remove the existing projecting sign or install their approved uh projecting sign but the exterior of the primary north elevation was painted as approved. Um so the applicant is proposing to paint the existing brick base, wooden clabards and wooden trim of the primary north elevation uh with the paint color ultra pure white um over the previously approved uh paint color berries galore. And then according to Google maps street view the structure was painted a white color uh from approximately 2008 to 2013 as shown in that image below. Um, additionally, the applicant proposed to install the non-illuminated circular vinyl window sign on the front entrance door to the business. The window sign will have a white background with pink and black lettering as shown in the rendering provided. And the proposed window signage does meet the requirements of the B3 district. Then lastly, the applicant proposes to replace the existing pre-finished black metal non-illuminated projecting sign above the business uh with a pre-finished pink metal non-illuminated metal projecting sign with applied vinyl lettering. uh to that same black metal bracket. And then that will measure 3T by 3T for a total area of 9 square ft. And then that also does meet uh the requirements of the B3 district. And

then I also have um renderings as well to pass around a lot better. Any questions? Questions from Mr. Copelan. Does the applicant want to say anything? Certainly welcome to if you're here if you want to say anything. Are there questions, concerns? What's the pleasure of the commission? I would make a motion that we approve the certificate of appropriateness as presented. Is there a second to that motion? I'll second. I'm sorry. I'll second. All right, Gabe, if you call the RO. Mr. Johnson, I. Mr. Thompson, I. Mr. Pennington, I. Mr. Wilson, I. And Mr. Schuman. Hi. All right. Next order business, certificate of appropriateness, Tim Web, 339 West Main Street, Abington, Virginia, 24210. Applicant, Historical Society of Washington, P. PO Box 484 Abington, Virginia 24212. Owner Jerry Signs, Inc. 15775 Porterfield Highway, Abington, Virginia 24210. Representative Certificate of Appropriate for non-illuminated free sign standing signage located at 339 West Main Street, Abington, Virginia 24210. Parentheses parcel 011-1-75 in parenthesis Um Tim Webb, the applicant, Historical Society of Washington County owner and Jerry Science Incorporated representative have requested approval of a certificate appropriateness uh for the replacement of the existing non-illuminated freestanding sign. And

then currently the travel shop occupies 339 West Main Street. Um with that uh replacement um it will be uh they will remove the white wooden non-aluminated four square foot freestanding sign for the business the travel shop and then replace with a prefinished blue non-illuminated framed aluminum freestanding sign with applied vinyl graphics hung hung from the existing pre-finished black freestanding sign structure um from the main West Main Street entrance. And then that will measure 24 inches by 27 inches for a total area of around uh just under five square feet. Um and then that will hang from the existing pre-finished black chain links. And then that proposed uh freestanding sign does meet the requirements of the B3 district. So basically he's just he's replacing a sign that's just a change of material and then the color change. Yeah. Okay. Any any questions for Mr. Conklin? I don't guess the applicant wants to say anything. Um, what's the pleasure of the commission? I make a motion we approve the COA as submitted. All right. Is there a second? I'll second. All right. You would call the role. Mr. Johnson? I. Mr. Thompson. I. Mr. Pennington. I. Mr. Wilson. Hi. Mr. Schuman. Hi. Next order business, certificate of appropriateness, Annette Reese, 3661 East Main Street, Abington, Virginia 24210. Applicant Linda I'm sorry, Neil Linda Gardner, trustee P Box 1745 Abington, Virginia 24212. Owner Vance Graphics 175 Green Mountain Road, Pounding Hill, Virginia 24637. representative certificate of appropriateness for

non-eluminated freestanding signage located at 661 East Main Street, Abington, Virginia 24210 parentheses parcel 0007-2-B-26 in parenthesis. So, currently ARC Autism Behavior Therapy uh occupies 661 East Main Street. Um, the applicant proposes to install a pre-finished white aluminum non-illuminated freestanding sign with applied vinyl graphics near the East Main Street entrance onto the property. Uh, the freestanding sign will measure 4T x 8 ft for a total area of 32 square ft. The sign will be attached to two 4 in x 4 in x 6 ft painted white wooden post. The freestanding sign will have a white background with blue and black lettering and a logo as seen in the rendering below. And then that uh sign does meet the requirements of the B2 districts. Questions for Mr. Conklin? What's the height of the sign? It's going to be six feet in height. Um it'll match with the top of that post. Okay. I don't know if the applicants here want us wants to say anything. They can or they don't have to. What does the commission wish to do? I'd make a motion that we approve the COA as presented. All right. Is there a second? I'll second. All right. Any additional discussion? If not, if you would call the role. Mr. Johnson. I. Mr. Thompson. I. Mr. Pennington. I. Mr. Wilson. Hi. And Mr. Schuman. Hi. Next order business. Certificate of appropriateness. Travis Penn 4408 Morning Star Court, Kingsport, Tennessee 37664. Applicant Medstream Properties LLC 76 Peach Street Road, Sweet 300 Asheville,

North Carolina 28803. owner certificate of appropriateness for a proposed screen smoker room located at 238 West Main Street Avenue, Virginia 24210 parenthesis parcel 012-1-127 in parenthesis. Um currently the uh Aben Commons, Tumbling Creek Cider Company, and Delta Blues Barbecue occupy the building address 238 West Main Street. Um, the applicant proposes to construct an attached screen smoker room onto the west elevation of the existing rear CMU edition for Delta Blues Barbecue. The new wood frame structure will measure 24 ft x 16 ft and be secured to the existing concrete slab. The wood frame will be constructed with 4 in x 4 in x 8 ft natural treated lumber post and 2 in x 6 in natural treated lumber joist. Two prefinished white 36 inx 80in screen doors will be used for ingress and egress purposes. Multiple window window-l like openings will outline the outside walls with a metal sash uh mesh covering to provide ventilation and a barrier between the interior and exterior of the structure. And then the structures roof will be clad in pre-finished gray Rtype metal and have a 1 ft overhang. Then two pre-finished black metal smoke stacks will extend through the roof. Any questions? I will add since Mr. Schuman, you asked me this when you picked up your packet. Yeah. Uh yeah. Um, so the construction's already started, right? Yes. Yes, it has. And it started before any approval. Yes, that is correct. Does is there a uh building permit? Has that been I believe a building permit um I know I spoke with the applicant to uh submit one so they know the next steps for that. Um so if they haven't already then they know that they will have to. So is there a stop work order? Um, we did not do a stop work order. We just let the applicant

know to um turn an uh application before any um project can continue on. Nate, these are the same guys that built the stage with out of permit too, right? Yes. That wasn't so if I may interrupt. Sure. That was not This was not the same contracting company that built the stage. This is a different This was not done by Wahberg. So, as Mr. Shimon picked up. yet my packet. This was not it. Actually, um Nathan Berg called and said, uh I told them to stop and so they stopped. So that's why we didn't issue a stop work order because we've been looking at and they did stop work. So there was no need for us to issue a stop work order because they did not continue work on this. Um so Mr. Schuan asked me that question when he picked up his pack and I notified him this is not Walberg construction that started this project. So thank you. Are any of the post going to be painted or is it just natural? From what we received, um it's just going to be natural, but the applicant um can tell you otherwise. Additional questions, comments? I am a little concerned that even though it was a different contractor, you know, the the the Delta Blues went through this with the stage and then started with no building permit again. And the applicant even though it's even though it's a different contractor and the applicant's here to answer any questions you may have. Yes. Uh, I'm Travis Penn 44408 Morning Star Court, Kingsport, Tennessee 37664. Uh, I am the applicant and one of the

owners and we did start with with ignorance. U, we don't want to step on anybody's toes at all. Uh, the stage was totally different. That was the Bergs, that was their deal. We didn't know anything about that. Um, we did start, we were just trying to build uh, a basic structure to cover. We've been, I will say, we've been very blessed. The town's been great. We had to purchase another smoker to put back there. So, we've been in the rain, the snow, the sun. It's been very hot and we were just trying to cover it. Uh we were unaware of the processes until somebody brought it to our attention. So, we stop ourselves stopped immediately. Like, we would not move forward until we went through the proper steps and the proper process to to make this happen. So, I just want you all to know that that we do everything by the book. We didn't realize we were in the wrong and when we did, we stopped. Um, also as far as uh the exterior, uh we have discussed painting the wood brown so that would match the front trellis that's out there so it would all be cohesive. Questions for the applicant. Thank you for coming forward. Yes. Thank Thank you. additional discussion. So, I mean, a building permit has not been obtained yet to the best of our Not that I know. Not that I know for this. It might be small enough to where a building permit is not required. Um, but we can we can touch base with Rick and everything on that. But that would be their next step with this is to get the building permit if they do need one. we could potentially approve based with the proviso of getting a building permit and also if you wanted it painted a certain color that could be part of the requirement as well. I think uh if that if that helps us,

I'll make a motion we approve the COA subject to securing a building permit from the town officials and painting as represented um the post the brown color to blend in and balance um the other side. Yeah. Basically to match the trim to match the trim on the other side. Okay. Is there a second to that motion? I'll second it. All right. Any additional discussion? If not, if you would call the role. Mr. Johnson. I. Mr. Thompson. I. Mr. Pennington. I. Mr. Wilson. I. And Mr. Schuman. Hi. Next order business is certificate of appropriateness Larry Jones 24308 Walden Road, Abington, Virginia. Applicant owner certificate of appropriateness review of improper roof uh replacement awning roof cladding located at 266 West Main Street, Abington, Virginia 24210 parenthesis parcel 011-8-4 in parenthesis. Now, this is we dealt with this at the last meeting and and then we um decided that would be wise to have the uh applicant come forward because the uh awning does not um it it does not match what the uh planning commission um approved in previous meetings. Is that correct? That's correct. And I'll go through the full staff report full kind of staff report since we didn't we since you just said you wanted the applicant here. So we really didn't go into much detail. So uh with with your permission uh Mr. Schum forward with that. So uh Larry Jones, applicant session owner had requested approval of a stickular proponence for the replacement of an awning of the awning roof cladding on both the primary

north and rear south elevations located at 266 West Main Street. Uh background. The property was uh purchased in 1937 by EW Rambo where a one-story brick structure was built. The Louis stretchy furniture company moved into the structure in 1937. Hu Suite and Charles E. Suite father and son owned and operated the business up until 1990. Currently, the structure operates as the Glass Peacock, the Candy Jar, and Emporium of Abington. Uh the applicant was previously approved at the October 23rd, 2023 planning commission regular meeting to paint the to paint the structure with the colors uh blue peacock really teal and copper penny and to replace the existing crimson painted crimp standing seam awning roof cladding with a prefinished copper steel standing seam roof cladding with the commission's condition that the roof cladding have no striations. The request was uh presented to the commission as a roof cladding with no striations. Uh access will continue West Main Street. Uh so like I said, the applicant's October 23, 2023 approved certificate approp of May 2025. Staff conducted a final inspection of the project in May 2025 and noticed the replaced crimson painted crimin standing seam awning roof cladding on the primary north elevation and the replace asphalt shingle roof awning roof cladding on the rear south elevation have been replaced with a pre-finished copper striated steel standing seam roof cladding differing from the presented and the commission's condition of the replaced roof to have striations. So this is what it looked like previously the primary one. This is what it looks like now. Uh staff provided findings to the planning commission at the May 19th. So our last meeting and that's when you wanted the applicant here. Uh so really the the back one that has asphalt shingles that

was not that was not a crimp standing seam metal roof, but the primary one on the front was and that's where that condition comes into play. Um and I did review the video recording. it was presented as such to be a standing seam with no striations. Uh and then and then the then the even the planning commission added a condition to it. So um if there's anything for me uh more than happy to answer if not the applicant is here to address any questions you may have. questions for Mr. Gabe. Now, one thing I want to make sure I understand is you got I think two two issues. One is that the um replacement has striations and that was not approved. But it looks to me like what was approved was a prefinished copper steel sanding seam. And this is a replaced it's crimson painted crimped tin standing seam. Uh no. So the roof was going to be a prefinished steel copper. It was just the the profile of the um metal had to be uh without striations. That was But what's there now has striations? Yes. And isn't it finished differently than what was approved? No. No. The roof is finished. the roof was supposed to be copper based on their um design that they had approved. Okay. Yeah. So, it's just really the striations in the between the seams is the is the issue that you're looking at that was uh went against the previous approval. Okay. Yep. The applicant would like to make a presentation.

I'm Larry Jones. I live at 24308 Walden Road here in Abington. Um I will agree uh the roof that we've put on does have striations. Uh when I was here back in October of 23, a year and a half ago, one I believe Mr. Johnson made the comments about that it should be without striations. Yes, sir. Um my only defense is poor memory. Uh no nothing nefarious intended. Uh part of it was due to the fact that uh I will say that when I received the certificate of appropriateness, it just simply said approved as presented with no modifications. So I pre you know I presented just a standing seam metal roof. There was no discussion on my part about striations or no striations, but during the meeting it was brought up and uh due to the various delays uh uh you know that was in October of 23. Had to wait till spring of 24 before I could get the building painted. Then when I got the building painted, uh I contacted the roofing contractor and uh they approached the town to get the permits to do the roof. And then we ran into difficulty with that because the requirements by the town were um ownorous enough that the uh roofing contractors said they couldn't meet those requirements without spending more than the cost of the job to meet the requirements.

Um I contacted another roofing company in Bristol. They came back with the same response. I went back to the town. They gave me the name of someone in Kingsport who might be able to provide safety equipment. I contacted them. That went nowhere. So, time continued to go by up until this past May when I just went to my contra roofing contractor and said, "Let's just forget it. We'll just leave the roof that's there and just not replace it." And then um thanks to Isaiah Thomas who has come by our business several times and talked with us and so on. He said he contacted me and said, "Well, the town's going to be doing some work in front of your building. So if you could get the job done while that work is being done, then we should be okay." So I contacted uh JS. They ordered the roofing, came out, put it on, and until Gabe came by the evening after as they were putting it on, I was not aware there was an issue. It just totally there was never any discussion between me and the contractor about striations or not. I'm not sure I knew what striations were at the time. So, uh, I've since learned, but, um, my only point is there was no ill intent. We just, I ordered standing seam roof. That's what they brought. That's what they put on, and I thought we were fine. So, questions for Mr. Jones? No, I apologize that you've had uh I don't want to say difficulty in working with the town. I'm assuming that was traffic control and you know then with the sidewalk that just worked out

better. Um but well I think the uh if I'm not mistaken um when you were working with Isaiah Thomas that was also part of the um the town's um where you could get a grant for facade improvement. Is that correct? That's right. And and I shortly after I got that approval, I guess maybe in u February of 24, I submitted to Tanya Triplet uh that application for matching funds and then I have since provided the information, receipts, etc. to uh Isaiah and I and I understand or I think it was presented to the board whenever the town discovered the concern. Um you had just bare wood up there. So in order to protect what you did have contractor went ahead and installed what they had in hand. Is that correct, Gabe? Yep, that's correct. So when I got to the site, it was maybe it's probably like 4:55 or so. The contractor just had finished putting the underllayment and everything on there and then and storms were coming and storms were coming and that's when I that's when we saw the I saw the first metal panel they were going to put up there was the wrong one. And so instead of having the building and the owner incur any more damage to maybe the roof left exposed since the storms were coming, we had them continue installing this roof uh to avoid any further to avoid any damage that might be caused by water. So one one thing just to make sure that everybody understands how the facade improvement program works through the economic development authority. Um, if there's an application, the application would be for a matching grant, and it used to be

up to $2,500. I don't know if that's still the case. And then the uh the property owner would uh submit a plan of what they were going to do, it would either be approved or not approved. In this case, it was approved. And then uh once the facade improvement was completed, then as Mr. Jones said you would have to submit that you completed the project and then you would have to give receipts to the fact that you matched the 2500 and then the town would give you the money. Right. I I just want to make sure everybody on the commission knew what what that project project was because that's not something we normally deal with here. Additional questions or comments? Thank you. I'm sorry for the uh confusion. Um, I would I guess I would suggest it maybe there's some ways of being more clear or I I don't know it it I'll be the first to admit I went back and looked at videos of that meeting and I I'll agree I was wrong. I just totally I typically I typically am pretty clear like it but anyway. All right. Anyway, thank you additional discussion. What does the commission want to do? No, I mean the COA we considered this this issue and approved the COA according to a specific set of recommendations and plans and I understand you know there can be some confusion but there's a reason no striations whenever you're dealing with historically correct items. HPB has

adopted that that guideline, you know, for years now and u you know that's the reason it was brought up in the prior meeting. Um it was approved um and I'm certainly understand and appreciate there was just some miscommunication at some point but it wasn't on the part of the board. So, as far as the COA needs to be done, well, if it's understanding, if there's no action, then it's not approved. Yeah. So, other words, we don't we don't necessarily have to not approve it. you just don't well the I guess the whole thing is the striation thing and Jeff that was your recommendation and I know nothing about those things so I'm not sure that's important or it's relative to historic guidelines um the reason for the striations it's a way to use less material um and still accomplish um you And that's that's been an advancement in later years than it was back whenever buildings were originally constructed. I'm I'm one member. Um my opinion hasn't changed. Um but you know, I'll respect the board as well. Uh so yes, you can if you want to come up and just give your mail your full name and your mailing address. address is 255083 Wager Road Avenue, Virginia. And your name, sir? My name is William Cole. I uh I work with the contractor that that did the work. And

although I started working with them long after this was contracted and and all that, I do want to say that the the striations really isn't to use less material cuz it's it's more length. It's to make the material stronger so it doesn't oil can. Um, I do have the option to purchase a a flat panned standing seam roof that that requires uh signing waivers of both me and excuse me the end user. Uh, so we elect to not do those uh because if you have to sign a a waiver then um typically it's not good for the end user uh because of oil canning things like that. Um, and I've tried to help Mr. Jones and and did see that the plans were approved. Again, I wasn't part of the meeting. Didn't see any videos and didn't know anything about it then, but they were approved with with uh give me approved as presented with no modifications. I don't know how he presented it. Um if that was in writing, I asked for that. He didn't Philly had that. Um, and oh, the other thing I wanted to notice as I was coming through, at least nine out of the 10 standing seam roofs I saw on Main Street all have striations. I think there may have been one, possibly two exceptions to that. So, that's all I wanted to add to, you know, what's about to happen. Questions, Mr. Cole? Thank you, sir. Thank you. I guess I have a question going back to the issue of the uh approval of the facade improvement. Would that would this have been discussed as part of that application because we had I guess my concern is we

have an intervening action through the economic development authority on the same property that we're dealing with on the planning commission. I just want to make sure that we're not No. of those COAs have and we have other ones that have gone that have actually gone before you recently or as waivers. Uh that grant conforms to whatever the board or staff if it's a waiver approve. So so that would not have any No. Okay. That's just the the grant is just more to help facilitate projects that happen within the main street area or the designated areas to fund those projects. But they are subject to the approval either if it's a waiver staff approves it uh like one today of the waiver you have tonight. Uh that's part of a facade grant but it's just replacing like for like uh this one was more of a change so it came before you in terms of a COA review. The only thing I would say is if you do choose to uphold the COA as it was presented on October 20, 2023, I just need a motion saying we we're upholding the previous COA's approval. Uh just for the applicant's awareness, the next step if they wish to appeal it would be to go to town council and then that would be in your um letter from this meeting. uh the kind of steps to do that if you wish to do that if they decide to uphold the COA. What does the commission want to do? I'm trying to think of roofs in the historic district and like sinks got a roof like that just gray, right? Wouldn't it have standing seam like the striations on it? I it used to be slate and they took the slate off in like the 90s and put metal roof on. Yeah. I mean there I agree with

and I forgot the second gentleman that spoke. There are existing roofs that have been over the years put up with striations, but the historic preservation re review board um several years ago um made the distinction that in most cases that is not historically correct. So, um, so I mean that's what that's what they followed to the best of my knowledge and that's uh, you know, I live in a historic home as well. Um, actually town of Abington was the first uh, the town council was the first to enact an O ordinance back in 1970s. Um, you know, it's the longest in the state of Virginia. um you know so protecting uh the o the oh district um is very important to the integrity of the town and you know if we're going to be correct then we're going to be correct and if not then you know again that's decision of the board how how come the HPV doesn't have a say because this is not in the O district this is in the entrance corridor and this building there's very few of them left that I would say that have kept some sort of historical integrity. This was one of them. Yeah. But on that side of West Maine, a lot of I guess I would call urban new urbanism happened where a lot of things were changed to the facades and everything that would make their integrity very compromised. This is one that wasn't compromised and that's why that's why the approval came from where it did for this building for this building. I understand how things get lost in translation. Um, but this was what was approved. So, I mean, I mean, I'm one member. These buildings

right here, I can see have And those were done not too long ago, right? I don't know when those were done. These three buildings in a row. Well, the the one I don't know about this one, historic district, I believe, right there. I hope. Yeah. Well, the the one on the other side of this building had a slate roof and the slate roof was removed and I don't know if the metal roof has striations or not, but it was that building the slate roof was replaced with a metal roof and that's not been that long ago. I think I think I have black metal with ribs. See my my house has a standing sea metal roof but it has striations and I think at the time that was done house wasn't in the historic district because the historic district has changed significantly over time. Am I in the district? No, you're in the No, you're in the entrance corridor. The reason why this building was viewed like that was because it has historical significance or integrity to it. It's a contributing structure. Yeah. is what the terminology. So that's why a lot of but most of the ones on West Main Street that are in the entrance corridor are have been affected or changed to a certain degree that they don't really have any integrity uh in terms of historical significance. But is there any greater I guess uh adverse consequences to letting this roof stand? I mean other than the obvious you know lack of historical integrity you know for that building alone I mean are there any larger consequences and I will add to this um in terms of and Mr. Johnson, you kind you you know about this, but the building changes over time and we kind we're not a the town's not a house museum. So, we kind of go with the

period of significance is from our earliest to, you know, the latest, which is 1970, something like that. Um, and doing research more for other properties, I have found that the roof for this building, original one, like the original one was just the flat awning. It didn't have a roof on it. Um, but again, we're not a the town's not a house museum. So, we honor kind of the progression to 1970, which in 1970 had that 10 standing seam. Um, so that's where that is. Um, so I don't in answer to your question, I don't think there really is other than the historic, you know, but one of the issues for me is this is what we approved. Yeah. you know, and I understand things sometimes with time, just like Mr. Jones alluded to, it gets spread out and, you know, things are not clear. Um, but, you know, I'm I'm one member. So, I mean, it's my opinion hasn't changed. Well, do you want to make a motion to that effect? Well, I mean, if the board is of a contrary opinion, then uh I'll just dissent. Well, um and and that's no No, my nothing personal. So, right. But my point is we need some sort of a motion one way or the other. if if whether move to accept it or not accept it. Um we need to at least have some sort of Well, the only motion that I could make is let the COA stand as previously presented and approved. Well, correct me if I'm wrong. If that has a second and we vote it down, then that allows him to proceed or do we need to have a motion actually to um approve the COA? You'd actually have need either

a motion to approve uphold the COA or there if they voted down you could have another motion that says just to let them continue as is. If it's the opinion of the board to let it stand and go ahead and make that motion and one thing I think is important is um Mr. Jones has the right to appeal to the town council. Um, and that appeal process, at least in my mind, matters. Um, because um I am uh I'm in agreement with you that um when we make when we have a finding and the COA is approved, I'm uncomfortable going back and just saying, "Well, gee, that's okay. I know it's tough, but I'm uncomfortable with that. And the appeal process is exists so that we're not the last word and I feel more comfortable with us upholding what we did even though we are not the last. We because we are not the last word. Well, and excuse me for interrupting previously. Um, but we've already dealt with one issue tonight. We've dealt with others in the past to where things are started, you know, before proper approvals are obtained. Uh we've dealt up the Summer's building up at, you know, the existing Avenue Commons to where things were changed, you know, from what was approved. Um, and it's just it's the precedence. Um, but you know, as long as the board is cognizant of that, we do have a lot of people all the time I've been on this, they come back and say, "Oh, sorry." Yeah. So, I understand both sides, you know,

appeal for both sides, but Well, and by no means, um, just want kind of a level playing field to where everybody knows what to expect whenever they come before the board. Everybody's treated equally, here are the guidelines. If the COA is approved, then that's what the town expects. Um, I will add, we're just helping get the word out for the entrance corridor. We've, as some of you own properties in the old store district. When I when I got here about three and a half years ago, we started doing a letter to the property owners to let them know the process and that's helped tremendously. I would say we started doing that this past year with the entrance corridor since we had a few more upticks. So, we are implementing that same process. Well, in order to move things along, I make a motion that we um let the prior approved COA stand as submitted and approved. Is there a second to that motion? I'll second the motion. Mr. Johnson, I. Mr. Thompson, I. Mr. Pennington, I Mr. Mr. Wilson. Hi, Mr. Schuman. Hi. Um, next order of business is COA Stone Mill Technology Park Project Review, Sean McMurray, 851, French Moore Jr. Boulevard, Abington, Virginia 24210. Applicant owner, Broadwater Engineering and Ge Geomatics. Um PLC 1353 Stone Grooves Road, Lebanon, Virginia 24210. Representative Stonemill Technology Park project review for exterior and site changes located at 848 French Boulevard,

Abington, Virginia 24210 parenthesis parcel 104-10-9 again parenthesis staff report. So Shawn McMurray, applicant and owner and Broadwater Broadwater Engineering and Geomatics representative have requested approval of a project plan review for a new construction. Uh some background um this property is located within the Stoneville Business and Technology Park and must adhere to the design standards set forth by the town council on December 19th, 2001. Um so similar to kind of like uh the Meadows Covenant um that you've seen before. Um then the applicant proposes to construct a 9 ft uh 5 in x 5' 7 in addition on the east elevation of the building. Um the sides of the addition will be black aluminum storefront. The gable will be tongue and groove siding. Two 8tx 8t post uh will support um the roof and use a black powder coated post base. The bottom of the lower eve to the sidewalk will be 8 ft in height. A black uh single light out swings exterior door will be used for the ingress and egress. uh a new concrete sidewalk will be placed in front of the entrance and so the building materials used and dimensions uh specified within the plans meet the requirement of the Stonemill Business and Technology Park review guidelines. Um for the roof uh the gable roof will be extended to match the existing roof. The roof will use the same orange standing seam with striations. Uh the review guidelines encourage uh slate light shingles or metal roofing and the roofs to be gabled or hipped designed. The proposed roof meets the specifications of the guidelines um for parking and vegetation uh combined as one. The applicant proposes a new parking lot on the east side of the property to be identical to the existing parking lot on the west side of the property. Parking lot will create an additional 19 parking spaces. Each parking space will be 9 ft wide and 18 ft long um which meet also the requirement of the zoning ordinance. And then the parking lot will have two

landscape areas as a vegetative buff buffer to the public right away. Landscape area one will include one 2-in caliper deciduous tree and three 18-in shrubs with the ground cover being mulch. And landscape area two will include two 2-in caliber deciduous trees and six 18-in shrubs with the ground cover being mulched. And then lastly, the lighting. Um, one light pole near the northeast corner of the building will be relocated and two additional light poles installed to mirror the location, make, and model of the three existing light poles on the west side of the building. And so, in that diagram, the uh marked red is the existing and then the blue is the ones proposed. So, I'll just add too since this is a new area you guys have not looked at since at least since I've been here. Uh look, when this PTD was created, this whole area um in 2001, guidelines were made for, as Caleb says, the Stonewall Stonemill Business Technology Center. And uh looking at the minutes, uh the plan commission back then uh approved the guidelines as they were for this area, but then um on the and then put in there for town council to approve if they saw fit for the plan commission to be the review board for it. And then in 2001 and then at the subsequent town council meeting and the town council approved the planning commission's decision to be the review board for this area. So just in case if you guys were wondering because you haven't seen any projects for this area. One has never come before us since I've been here. And then it's also that this is a new project. So, um I think at one time the uh modification of what's now the government center came before us. Um and there was a at least one time when there was an approval of when Alpha owned the building, there was an approval of an addition to the side of it which was

never built. So, so the commission has had a couple of shots at different things. Yep. Now, I think this is the old Spiegler Blevens building. Is that correct? I believe so. Yes. Yes, it is. So, just to kind of notify any of the other board members that maybe weren't on when those came through. Uh, just kind of the background of why you're seeing it. Well, I'm sort of a historic district all to myself. Sean, do you have want to say anything? I mean, you don't have to, but or you can. Thank you folks. This is Sean McMurray. Uh 21523 Carol Jane Lane, Abington, Virginia. Uh this is going to be the new home of the Wellspring Foundation of Southwest Virginia. Uh it was formerly the Spiegler Blevens building and uh we are embarking on just a few minor modifications on the interior to better meet our purposes. Uh if you look at the building from the street on the left hand side, that wing used to be all offices and fairly dense office space. We're opening that up. So that's one larger multi-purpose meeting room. And then this parking lot will allow people who come from the community to attend any uh meetings because we often facilitate meetings to uh have the community talk about various issues and and challenges. That's that's the extent of our plan. questions for Mr. McMurray. I have a question that I don't know if it's if you could answer or maybe you may need the engineer. Um, in the uh PDF that we got the package, there was a set of civil plans that did not have pawn B. It just had a ditch going down. And then in and then there was a second set of plans that did have this pond B. And so I'm wondering if that was just a it might have been a revision in different

plans as they both had the same date. All the plans had the same it was like March of something. So I was just I mean I will defer to the engineer Greg Broadwater with Broadwater Engineering and Geomatics. It's 1353 Stone Bruise Road 11, Virginia 24266. Uh there was a late revision sent in last week that had both ponds A and B on it. Okay. So I don't know if the package that I pulled off the the website, it did look like there was two sets of of plans in in that package. The the revision block should have been updated for the one sent in last week. Okay. Okay. I just want to make sure I was seeing the right thing. So that's fine. Thank you. And the reason why would could be because some revisions had the stuff that you guys needed to review and the other ones had other ones they based on landscaping. But I will uh the applicants have gone through the land disturbance and everything with Hagen Gil. He's been looking at that and also the uh this has required this has gotten a building permit. They've started work on the interior. Uh and then demolition. Yep. And then they've just been holding off on the exterior because that comes under your purview. Sure. So they've gone all the other permits. This was kind of their last their last step for the whole process. Okay. What the pleasure of the commission? Well, I'll make a motion that we approve as presented. Um, all right. Is there a second? I'll second. All right. Call call the role. Mr. Johnson? I. Mr. Thompson. Hi. Mr. Pennington. Hi, Mr. Wilson. Hi. And Mr. Schuman. Hi. All right. Next order of business is a public hearing. Certificate of appropriateness and

parking waiver. Mark Kaiser, 619 West Main Street, Abington, Virginia 24210. Applicant owner. Certificate of appropriateness for the allowance of unapproved fencing and parking reduction waiver located at 619 West Main Street, Abington, Virginia. parcel 018-3-15 in parenthesis. Um, so if you guys remember, um, this was presented for the unapproved fencing and then you guys wanted the parking waiver to be advertised so you guys could put that all together. Um, so Mark Kaiser, owner applicant, have requested approval, a certificate appropriateness for the allowance of an unapproved fencing in front of the primary south elevation of the structure and a waiver for the reduction of parking spaces. Um, currently Kaiser Furniture Company occupies the structure. Stop work order was issued on May 6, 2025 when staff noticed fencing was being installed without an approved ECCOA permit. Um, so with that fencing, um, it they proposed it to be installed seasonally during the months of April through September, uh, to store outdoor furniture and allow for entrance/exit from one of the showrooms. The fencing will be pre-finished, black aluminum, 5 ft tall. um extending from the structure 22 ft and following parallel to the structure 83 feet. And then so according to the zoning ordinance uh chapter 44-8-2-9 uh-1-2- A walls and fences, no fence or wall between a street and a front building line shall be more than 4t in height. Uh staff recommends that the proposed fence meets the 4oot requirement of the zoning ordinance regardless of temporary seasonal installation. And then um according to that ordinance of walls and fences, chain link fencing shall only be allowed on lots within business or PD zoning districts where chain link fencing is not visible from any street rightway. Um

so the chain link fencing shall be coated with black or dark green vinyl where opaque fencing is required. The chain link fencing may include black or dark green opaque slats. staff recommend the proposed fence type meets the requirements of the zoning ordinance of not being chain linked due to the visibility of the proposed fencing from West Main Street and then uh the unimproved fencing um will remove nine of the parking spaces. So this is that parking waiver. So with the zoning ordinance of chapter 44 table 8- or 8.1 or 8.3.9 minimum off- streetet parking requirements, a retail store requires one parking space for each 250 ft of floor area. And so with that uh land card that we looked at, there was a floor area of 24,000 square ft. So we require around 97 um off- streetet parking spaces. And then that existing um parking already has 50. So that's grandfathered in. Um but now that they're changing it, um they are now looking to get a a waiver for that parking so that it requires public uh notice an advertisement and that would go before you and then if approved, it would go before town council for a final approval. Questions for Mr. Conklin? If not, does the applicant wish to make a presentation? Kaiser, 18173 Westminster Avenue, Abington. Uh, I have to mirror what some of the previous people had said. I do apologize. It was out of pure ignorance. uh actually until the day that I actually had scheduled for the fence to be up was the first piece of paperwork I've ever seen that had a certificate of appropriateness from the town. So, I have been in that position for 20 years.

I've had previous uncles that own the business. Not saying that it didn't go through their hands, but that was my first uh idea that that that this did exist. Uh uh we were doing the fence uh temporarily uh just to expand our floor space. Uh since co outdoor furniture sort of picked up a little bit uh it's sort of hard to take your floor space of what's your main selling product. So we were just hoping to expand on that. Something like this. Uh the reason we did the five foot was to help us possibly deter losing any of that merchandise in the evenings. Um we are totally open to suggestions from the board as far as uh we can lower the fence if if you all were to allow that. Um and then if the parking was an issue, we do have the capability of moving those nine spots to the back of the building. Uh then we also have the ability to lease more parking up on top of the hill where we do have a northern corporation that has available parking during the day. So um I'm willing to answer any questions, but any questions for Mr. Coser? What is the actual fence? I see pictures of fence post, but I don't Is it It's going to be your just your basic black aluminum fence. Uh it was designed to have finials. We were trying to do something nice even though it was temporary. Um I mean you're talking something you can see through it all. It is it it's a slatted just pick it style the small half inch if even if that um and it does have the bottom support bar and the top support bar. kind of think of something maybe that on a bigger scale that the Martha has in front of them like the the

set up top and the bottom bar and and the top bar kind of like that sort of thing with square picks if you're thinking about that. And then as pictured here we were going to have a a swing open gate to where we could load and unload. So are you talking about like literally storing stacks of furniture or you're displaying displaying it with Okay. So, so there'll be dining room suits out there with with the tables and then um you know, sort of lines of aderondac chairs, you know, stuff that's able to withstand the element. Cuz reading this, it seemed like you guys were going to have like hundreds of chairs and stuff. No, it's not a storage. It's it's for retail. Yeah. Okay, that makes a lot more sense. You keep or I keep hearing the term temporary. Um these are bolted into the asphalt, correct? Yes. So maybe I'm misunderstanding temporary. Is this put up in the spring and then taken down or is that it, you know, it's a seasonal uh so our plans were to start putting it up in April, get everything displayed as the season rolled down. You know, we'll put it back into our warehouse and put the fence up for the for the year. So the fence is actually going to be coming up and going down. Yes, sir. Okay. The reason why I had a came before you which temporary in our like with signs and everything it's 30 days. So because this is a seasonal thing even though it's temporary in the seasonal sense it's more than temporary than what we would view as temporary. So that's why it has to come before you ker you also said there's a gate for loading unloading. Does that further constrain parking spaces being able to get See what I'm saying in terms of it's to open on the inside. So So we're not take So we're not affecting Okay. So we're not other side. Okay. It would be opening. It was Do you have the previous picture? Yeah. So the second or third

one over, we were going to have the gate open to the inside. Okay. So it won't affect any more than you'll see this a drive up. This is you know no it's not for it's just for us to be able to okay get merchandise in and out. Additional questions relative to the parking lot waiver. That was going to be one of the questions that I wanted clarification from the town with your building up top. Um has the town ever done anything of that nature that you're as far as lease parking spaces? Uh the parking waiver is just to say like they can they can decrease their parking. That's up to the applicant if they want to lease some spaces. Now I will ask you this question, Mr. Kaiser. Have you seen if with the addition of this if you were to take away those nine, would you have any parking issues that you since you're there every in the 20 years I've been here, I've maybe seen three days that the parking lot was totally full. Yeah. So, uh but you know, we do have the capacity in the back where our loading docks are. We really only use one loading dock. So we went back and sort of measured out and we can get nine spots back there. The reason why I just asked that question is because even with these nine may be taken away, you know, the parking lot is substantial enough to still, you know, allow the the business to operate as usual. Um, so the waiver is just the thing just to have it on paper to say, you know, they can take away those nine and they and it would still be good. The waver had a problem. Yeah. I go in there. The waiver is just there just in case if they're, you know, if there wouldn't be an issue like in this case, uh, you know, most time with our parking lots or businesses, you know, they have suitable parking or on street parking uh, in the O or EC, so they don't need they don't need it, but just because it's a reduction, they need to go through the waiver process. That's why I asked that question just to make sure. Thank you for clarifying. Additional questions. All right. Thank you, Mr. Kaiser. Thank you for your time. Um, all right. I'm going to open the public hearing now for anybody from the public who wishes to

comment. Is there anybody here from the public wishes to comment about um hearing? None. I'm going to close the public hearing. Um and uh open the floor to discussion from the planning commission. I think one of the things that was an issue is whether or not any of the adjoining businesses had an objection to uh the proposal from Mr. Kaiser and of course we have heard none. I will say just on the record that I heard one call but they had no objection. Okay. So they just asked what was the plan and I don't because I think that was a concern at the last meeting is that we didn't know whether there would be an objection to that was with the waiver. Yeah. because that that would require um public noticing because as go before town Collins, but from we never aside from the one where it was just more of an inquisitive thing, not even in a complaint, it was more just like what's their plan and they were like, "Yep, fine. Go for it." Um so there was no complaints for this uh proposal. Again, the only one was the what from staff could see from the height of the fence and then Mr. Kaiser, you know, uh clarified the design and the design meets what would be allowed in the in these districts given the visibility. So the only issue that we saw in terms of what the ordinance requires is the height of the fence. But other than that and the definition of temporary is the other. Yeah. The definition of temporary is the 30 days like signs are like temporary signs are 30 days. So there was one sign uh for the farmers market that's you know up at certain times and everything all that they had to go before the HBO because it was more than 30 days that it was going to be up for. Um, so if you would, if you want to put in your motion, you know, the fence can the fencing can be up uh from April through September, unless Mr. Kaiser, you're thinking you want a different time kind of time frame, you can put that in your motion to when the fence

can be up during the certain months and then taken down. Uh, there's certain conditions you can put in there. What does the commission want to do? I think the only the only condition that I can think of right now is whether or not those nine spaces could be replaced in the rear like you've like you've offered. Well, um in order to do that, what I what I think you could do is just put a sign that says additional parking in a and just directing people to the additional parking. So if you had the nine spaces and the sun, I think that might take care of the issue. No, just like Mr. Wilson has stated, I mean, in all the years that I've lived in Abington, I I haven't seen parking as an issue, you know. Um, no disrespect or anything. I think it's the nature of the business. If you were operating something that, you know, they need space for stuff there, I think I don't think that's I agree. Well, and it and since there's been no objection from any um property owners or business owners that are aside or across from Mr. Kaiser's operation that would concern me, but there is no there has been no Yes, sir. I I guess with regard to the height of the fence, I mean, do we feel like adhering to the current standard of four feet is preferable? That can be part of the motion for sure. Yeah. And Mr. Kaiser indicated that wasn't a problem for him. The only concern is security. Yeah. Yeah.

I I personally don't see a problem with having a higher fence there for that purpose, but it's just me. Do you want to put that in the form of a motion? Well, I Yeah, I'll move we approve the uh entrance corridor certificate of appropriateness. The height's already in here. So, so I would just say as five feet or four feet, whatever you uh it's as five feet. Yeah, it's in here. It's five feet, I believe. Okay. Is that right? Or is that the width of the gate? No, five feet. Correct. Five feet. Yeah. As So, yeah, I'll make that part of the motion. Five foot height. Is that okay? All right. Is there a second for that motion? I'll second. All right. Any additional discussion? Just I guess one question. I mean, do we have any concern about precedent in terms of that event? Well, it seems to me it's like I know, you know, Greekos wanted to put that little area out there for people to eat. It's similar ideas just for furniture. So to me it's not I don't know if you wanted to be more specific you could say based on because this is a seasonal temporary measure for security reasons. You know you could put more findings in there than just because it says 5T. you know, you can Well, it's already been seconded, so we can't really change it, but the the request says it's seasonal, and so the approval, I would think, would therefore be it's season with the dates that are already

in Oh, yeah. I'm just saying on the record with that would be part of the the conversation. Could I ask that you amend that motion slightly to uh include that the uh their son to note the additional parking so that we go back to the 50 spaces which entails them actually um painting the additional spaces held back right so I don't know how the parliamentary procedure works amending something after it's been seconded to I would just I I wish to amend my Yes, I'll I'll amend my second. All right. I I wish to amend uh to include uh they need signage just to um designate where the additional parking is and have that parking designated with the proper paint stripes. Thank you, Mr. Pennington. Do you amend your second? I'll second. Okay. All right. If you would call the role. Mr. Johnson. I. Mr. Thompson. I. Mr. Mr. Pennington. Hi, Mr. Wilson. Hi. And Mr. Schuman. Hi. Just to follow up, make sure we're clear. Do I need to file for the signage that we do put? No, it's just for parking. Okay. So, it's a minor sign. Yeah. All right. The next order of business, yeah, is a request for zoning for a zoning map amendment. Um, William K. Nikki Joe Bradley, 134 Fulkerson Street, Abington, Virginia 24210. Applicant Carolyn M. Atkins, 391 Nicholas Street, Abington, Virginia 24210. owner zoning map amendment to reszone 391 and 397 Nicholas Street, Abington, Virginia 24210

from Limited Industrial District M1 to Highdensity Residential District R3 located at 391 and 397 Nicholas Street, Abington, Virginia 24210 parentheses partial 014-10-8, 014 uh dash 10-9 and 014-10-10A in parenthesis staff report. So a subdivision application was submitted into staff regarding a boundary line adjustment for those three parcels. Um, currently the building address 391 Nicholas Street is a commercial use um as a personal service and the building addressed 397 Nicholas Street is a residential use as a single family dwelling. Um, so currently the structure address 391 Nicholas Street is located across parcels uh 014-10-8 and 014-10-9. and the building addressed third uh 397 Nicholas Street is located across parcels 014-10-9 and 014-10-10A. All three parcels are zoned limited industrial district or M1. The submitted boundary line adjustment plat surveyed by Addison surveyors indicates the middle parcel um is being divided. So both the structures and buildings would be on their own parcel. And then the proposed boundary line adjustment uh meets that R3 district um parcel minimum lot area, minimum frontage, lot width and minimum yards uh setbacks um within the limited industrial district in a family a single family dwelling is not a permitted by right use and then 397 Nickel Street would be considered a non-conforming use in the M1 district. Uh, per the zoning ordinance uh 44-9-1-4, non-conforming structures may not be reconstructed, relocated, altered, or

expanded in any manner, including the addition of new accessory uses. Uh, the applicant proposes to reszone the property to highdensity residential district R3, which would bring back the single family dwelling into conformity with the zoning ordinance. And then within the limited industrial district M1, a personal service is an allowed use through the obtainment of a special use permit. Um, this would be considered a non-conforming use in the M1 district. Um, the applicant is wanting to convert that commercial space to a single family dwelling. Um, through a change of occupancy, which would require a building permit approved by the Town of Ain buildings department, then a reszone from M1 to R3 would be necessary for the applicant to have a change of occupancy. And so through our zoning ordinance we have um six kind of guidelines that we would look at. So the first one is consider the proper relationship of such amendment to the entire zoning plan. And then through staff finding a reszone of the three parcels from M1 to R3 would result in 397 Nicholas Street to become a not a conforming use and 391 Nicholas Street becoming a contingent conforming use with the next step being a change of occupancy based on the current zoning ordinance. And then we would consider the integrity and validity of the zoning districts described in this chapter. Each building meets the required R3 district minimum lot area, frontage, lot width, and minimum yard setbacks through the submitted boundary line adjustment plat. And then next would be avoid isolated unplanned spot zoning changes in the zoning district map. So the adjoining properties on the south side are zoned high density residential district R3. So the request would not be considered spot zoning. Uh the fourth one recognize that a certain element of stability is desirable in land use controls. Uh but conditions and standards will change. Um so 397 Nicholas Street will not change in use through the change of occupancy. 391 Nichol Street will become a less intensive use than it is currently. And then for number five, consider the uh

right of all citizens to be treated reasonably. Um adjoining property owners have been notified of the applicant's request um according to the Virginia code section 15uh.2-2204. And then number six, evaluate all changes based on the comprehensive plan in a comprehensive uh analysis of community conditions. And then this request aligns with the Avenue comprehensive plan. Um any questions? Questions for Mr. Conklin. So basically what we're doing here is taking three structures and two structures on three parcels and they're going to become single family dwellings. Yes. Yep. Mhm. One is already single family. The other one will convert to single family through that chain of this is pretty straightforward and clean as far as Yeah. Yeah. Yeah. And they've already gone through the plat to make sure everything matches and everything, but if they wanted to add anything onto the building that's already single family or add an accessory like a shed or anything, they would need be they would need to be zoned R3. So, this is to allow the the property owners to continue to develop their property in accordance with the ordinance that they so wished. So, I will move that we make a recommendation to town council to approve. We'll have to open up the public hearing public meeting amendment. We got to do that as soon as the public hearing is closed. Might open that up first. I didn't notice that this was exactly a public hearing. Yes. Okay. You need to pound the gavvel there. Yeah. Okay. Does the applicant wish to make a presentation? All right. If if not, um I'm going to open the public hearing. Back again. and Heather Howard, 416 Fairway Drive. I do have some comment. You know, it would have been really nice

if the town would let me and my neighbors know when a 57 unit townhouse development was planned in our backyard. We didn't get any notice, nothing, not one single thing. And this has been going on now this village at Green. a public hearing for this and my point is it's a public hearing for this particular reasonzoning application, right? And my point is why did we not get notice? They they didn't reszone. This is a separate matter that we're talking about right now. Well, in any event, I digress. Thank you. All right. Any other I have one. Um, so I got a phone call. Um, and this uh person that called in does want this on record. Um, Tony Tony Lloyd from 381 Nicholas Street called in um uh questioning um cuz we have to put out that public notice sign out there. Um wondering if it was going to be a commercial space. Um and he did not want any commercial at there. Um I explained to him what was going to happen, what the applicant is requesting. They're wanting residential single family. you're only going to have residential when you change it to R3. Um then his um then he did state that he wants this in the minutes. Um that he doesn't want any that he's um sick. Um that he doesn't get out much and that he doesn't want a lot of residential use and he doesn't want children running in the roads and that is what he has stated. All right. Any additional R3 is higher density housing and I see no need to change if it's going to be single family homes. To me it does appear to be spot zoning. Well, it right

now it's it's um bite industrial. So it's not this actually moves it to residential from um so why would it not be R2? R3 is across the street. So that's why they can zone to R3. So that's why it's not spot zoning. So what they could do now if they wanted to is turn it into town houses and R3 if they have enough land. Thank you. Additional public comment. If not, I'm going to close the public hearing um and ask what the commission wants to do. As I said earlier, I would uh make a motion that we recommend approval to town council for the zoning map amendment. I second it. All right. Any additional discussion? If not, if you would call the role. Mr. Johnson, I. Mr. Thompson. I. Mr. Pennington. I. Mr. Wilson. I. Mr. Schuman. Hi. [Music] Um, old business matters not on the agenda. I noticed there's a waiver, but I don't think we have to do anything with that. No, they're just replacing like for like. Okay. Um, any announcements? No, that's all. No. Okay. Is there a move? Is there a motion to adjurnn? So moved. Is there a second? Second. All in favor signify by saying I. I. Any opposed? We're adjourned. Good.