“A large part of this comes down to philosophical differences”—Vice Mayor Ben Nett

By Valerie Cury

A public hearing on the draft zoning ordinance was held on March 11, during the Town of Purcellville Town Council meeting. The draft had previously been approved by a unanimous vote of the Planning Commission on July 25, 2024. Following this, the Planning Commission recommended its approval with changes based on citizen input, which were incorporated into the draft. The updated draft zoning ordinance was then presented to the Town Council by the Planning Commission on Oct. 8, 2024.

Ten speakers spoke at the public hearing. Purcellville resident Harvey Flynn said he didn’t want to be in the Historic Properties Overlay District, and he said there was nothing historic about his property. He said 20 years ago it was hard for him to get a building permit for his house from the Town and County.

Another speaker echoed that he didn’t want to be in the Historic Properties Overlay District because anytime he wants to do something to his house he would have to come to the town and get permission.

Permits are already required for any additions or fences on a property. With the addition of the Historic Properties Overlay District a Special Use Permit will be required to tear down a primary structure.

Former Council Member Joan Lehr stated that the council needed to reconsider the overlay district, arguing that “homeowners will have a burden.” While serving on the Town Council, Lehr voted for the unmandated utility upgrade to the town’s system, which was operating at just 40% capacity at the time. 

This decision contributed to the town’s current debt of tens of millions of dollars. Additionally, she voted for the six-story, 40-condo Vineyard Square development on 21st Street, although multi-family zoning is not permitted in the C-4 District. At the time, Lehr was a tenant of the Vineyard Square developer. In 2016 she ran against Kwasi Fraser for mayor.

Dan Reed expressed opposition to removing duplexes as a by-right use, stating that duplexes meet the needs of people. “What’s the push to taking out duplexes—who are you pushing out of the Town?” he asked. 

The draft zoning ordinance will require anyone who wants a duplex to obtain a Special Use Permit. The Planning Commission implemented this change in response to residents’ concerns about increased density, noise and traffic, allowing them to have a say in the presence of duplexes in their neighborhoods.

Lawyer and developer Mark Nelis said he was pleased to see that the grandfathering provision is in the draft. He said the draft is exclusionary. “It is as if you want no more residents, no more people.” Nelis objected to taking out duplexes as an allowed use. “Why are you deleting Planned Development Housing?” He also said the ordinance is overusing Special Use Permits.

Developer Casey Chapman said the draft is a downzoning, and is overarching and overreaching. He said it was poorly constructed and not well thought out.

Former Mayor Stan Milan said Council Member Erin Rayner and he wanted the downtown C-4 District to be developed as the Gaslamp District—and the draft ordinance “is a direct contradiction to that potential development. He said Casey Chapman wanted to put apartments there. 

Milan was referring to Chapman’s presentation of reducing his approved 40 apartments to 36. The C-4 District for decades has allowed in general 2 apartments per building, and focuses on retail and office space in the area.

Milan also objected to allowing citizen input through a Special Use Permit process for duplexes in neighborhoods, saying they should be an allowed use.

Council Member Erin Rayner called the ordinance “not ready for primetime.” She is opposed to eliminating by-right duplexes in the R-3 area and supports attainable housing and diversity on 21st Street in the Historic Downtown. Rayner also advocates for adding apartments or condos in the Historic Downtown District without limiting the number per building.

Planning and Community Director and Zoning Administrator Summer Wilkes recommended letting the market decide the number of apartments, with no limits. The 2030 Comprehensive Plan, however, limits apartments in the Downtown C-4 District to two per building, which is the same per-building limit that has existed in the C-4 District for decades.

Rayner has received over $25,000 in campaign contributions from affiliates of developer Casey Chapman, including his uncle and employees of his uncle’s development company. Chapman manages the Vineyard Square property.

Rayner also wants to maintain two separate industrial areas—one with propane storage allowed and one without. However, the Planning Commission has recommended eliminating fuel storage in both areas due to its proximity to residential and commercial areas.

Vice Mayor Ben Nett said, “A large part of this comes down to philosophical differences as to how we want the shape of the town to be. I’ll use the ‘D’ word—development.” 

Nett said he attended some Planning Commission meetings where citizens voiced their concerns, and he understood that the residents’ concerns were addressed at the time.

Council Member Caleb Stought said the Town might need cluster housing and Planned Development Housing for the future and didn’t agree with moving them to legacy. “I can’t understand why we are removing these tools from the toolbox.” He also said the draft doesn’t address affordable housing.

Mayor Chris Bertaut said on July 25, 2024, a number of recommended changes were brought to the Planning Commission’s attention by both the staff and residents—and they were addressed. 

“One of the reasons duplexes are such a hot topic is that there currently aren’t many in town and the proposed change to the zoning ordinance changes them from a by-right use to one requiring a Special Use Permit.”

“The reasoning behind this is that there are grave concerns by residents in those neighborhoods where duplexes may come into existence.” He said the residents “do not want redevelopment on a large cluster scale within neighborhoods because of traffic concerns.”

Bertaut said there was a similar concern factored into the limits on number of residences in the C-4 District. “We have some of the narrowest streets in town in our C-4 District. Some of the slowest traffic in town is in that district and if the proposal is to greatly increase the number of residential units that’s right in that district—nowhere else—just in that district—I have to ask what the impacts are to traffic. People complain about it to a great degree.”

Addressing the HPOZ, Bertaut said the only thing that changes is that if an owner wants to demolish a house, the owner needs to get a permit.

Regarding Planned Development Housing, Bertaut said the 2030 Comprehensive Plan clearly states that the Town’s residents do not want to expand the town’s borders, so there’s limited opportunity. He said if needed PDH can be resurrected at any time, but right now it isn’t needed.

Bertaut said putting PDH in legacy status protects the rights of those living in those neighborhoods.