Chapman tells 21st St. tenants: ‘Vacate for Vineyard Square’ 

By Valerie Cury

Developer Casey Chapman has given his tenants two months’ notice to vacate their businesses on 21st Street in downtown Purcellville. To show the County that he is serious about starting the Vineyard Square project, Chapman will be cutting off utilities to the buildings before his permits were to expire for the third time on July 1. On April 7, 2022, the General Assembly extended the COVID legislation until July 2023.

However, it’s unclear whether he currently has financing for the project.

The project, which extends from 130 to 144 N. 21st Street in Historic Downtown Purcellville, was approved by the previous Lazaro Town Council for a total of 171,000 square feet of mixed-use space. The six-story plan currently includes 30,000 square feet of retail and 40 condos. 

Chapman has recently come before the Planning Commission and Town Council asking when the Town will extend O Street to Hatcher. He needs O Street, a dead-end, to be extended and widened from 21st to Hatcher so Chapman can dump all the traffic from the Vineyard Square project onto Hatcher Street. 

Purcellville Mayor Kwasi Fraser took the O Street extension off the Town’s priorities several years ago.

The Vineyard Square project was approved by the Lazaro Town Council even though multi-family is not a permitted use in the C-4 District. Neither the Town Attorney nor the former Director of Planning and Zoning weighed in on this point at the time.

With minimal work initially done — three small sheds, considered a community hazard, were torn down — the project has sat dormant for over ten years. In his determination to renew Vineyard Square for the first time, the Planning Director said the project had “commenced” and was “diligently pursued.” He wrote that the project could continue “as long as diligent pursuit occurs.” 

The second extension for the project came in response to the COVID-19 pandemic. In 2020, the Virginia General Assembly passed a bill which extended the approval date of site plans. But the bill didn’t take effect until March 1, 2021. The COVID legislation was introduced by Lynwood W. Lewis, Jr. (D-6) in bill 15.2-2209.1:1. 

The extension will keep site plans active until July 1, 2022, “or such longer period as may be agreed to by the locality.” Any site plan that was valid on July 1, 2020, could become valid again on March 1, 2021, even if it would have expired. This was the case with the Vineyard Square project’s site plan and Certificates of Design Approval, which expired on Feb. 16, 2021. 

At the Purcellville Planning Commission meeting on Feb. 18, 2021, Town Attorney Sally Hankins started the discussion by giving an update on the Vineyard Square project and its Certificates of Design Approval.

Knowing the Vineyard Square project was set to expire, Purcellville Mayor Kwasi Fraser, Council Member Stan Milan, and members of the Planning Commission had been asking staff for an update on the project, but they received no information until the Feb. 18, 2021, meeting.

As Hankins explained in 2021, “A site plan was approved for Vineyard Square in February 2016 and would have been valid for five years. And, if you didn’t commence construction within those five years, it would have expired this week [Feb. 16, 2021]. 

“The plan would become void and you would have to recommence the process,” she said. “The General Assembly in 2020, at a Special Session, passed remedial legislation, to provide relief for people because of COVID, and extended by state law, the expiration dates of plans that were valid as of July 1, 2020. And the Vineyard Square application was valid as of July 1, 2020. So that’s all I can say for now.”

However, Hankins went on to say that there is a “legal argument that allows the Town to take a different position that the remedial legislation does not have the effect of extending this particular site plan… I need to consult with Town Council, to understand what position they would like the Town to take. It won’t matter unless some kind of action is requested pursuant to the site plan by the property owner. But we should be prepared for that.”

Stan Milan, Council Member and Council liaison to the Planning Commission, asked Hankins, “Why was this not explained to the Council months ago, when I have been asking about the status on this? And several other people have been asking as well.” Hankins did not answer.

Milan noted that Council was under the assumption that the Vineyard Square project would expire on Feb. 16, 2021, but “now you are saying in July 2022.”

Hankins replied, “right.” Milan continued, “You said there would have to be significant progress on the project to move forward. I asked you what is significant, and nothing has been significant with this project since 2016.”

Without consulting Council first, Hankins sought the legal outside opinion of two attorneys. Town Council was also not privy to the details of what she discussed with the law firms. Council was just presented with the legal opinions after the fact.

Hankins was supposed to meet with Council first to see what position the Council wanted her to take on the matter. Had the Vineyard Square project expired on Feb. 16, 2021? Or could the project continue due to the COVID-19 legislation passed by the General Assembly allowing for site plans that were active as of June 2020, regardless of whether they expired after that? 

The lawyers senior management hired determined the project could continue due to the COVID legislation.

A finding that the developer had a vested right to commence the Vineyard Square project would mean that the project could continue despite the expiration. The legislation was passed to help projects that were in the process of being built but were put on hold due to COVID-19.

The Vineyard Square project has been extended until July 2023, due to the General Assembly extending the COVID legislation until July 2023.