Development vs preservation—majority council advances zoning ordinance

By Valerie Cury

On Feb. 13, the Purcellville Town Council voted 4-3 to advance the Zoning Ordinance to a public hearing scheduled for March 11. Council Members Erin Rayner, Kevin Wright, and Caleb Stought voted against the motion, while Mayor Chris Bertaut, Vice Mayor Ben Nett, and Council Members Carol Luke and Susan Khalil voted in favor. If passed, the ordinance will align with the Town’s 2030 Comprehensive Plan.

Vice Mayor Ben Nett noted that following a legal review and given that no substantial changes had been made to the version discussed by the council on Jan. 28, it was time to move forward with the hearing.

Council Member Erin Rayner, however, disagreed, stating she still believes the ordinance isn’t ready. “I think we still need Summer [Director of Planning/Community Development & Zoning Administrator] to present the differences and her side of it—not just the one [side]. She is the expert,” Rayner said.

At the Nov. 12, 2024, Purcellville Town Council meeting, Wilkes presented some of her proposed changes to the Planning Commission’s Draft Zoning Ordinance. Her changes, however, do not align with Purcellville’s 2030 Comprehensive Plan, and she had not been directed by the Town Council in a public meeting to work on sweeping revisions to the ordinance.

At that time, Wilkes summarized her vision for Purcellville by claiming, “The more you develop, the more charm you get.” She advocated for more relaxed zoning requirements, reducing setbacks, and increasing density in areas residents wanted to preserve and sustain. 

For example, she proposed adding higher density to the Agricultural Commercial Tourism District, which borders the traffic circle at Main Street and Colonial Hwy. She also suggested eliminating the limit on the number of apartments in the Historic Downtown area, removing the cap of two apartments and instead letting the market decide the density. 

Additionally, she recommended reinstating the Planned Development Housing designation, which was moved to a Legacy District—calling it a potential tool in the zoning toolbox. Wilkes also proposed eliminating certain Special Use Permits, which currently give citizens the opportunity to voice their opinions on development proposals before a Council vote.

The full article from December can be viewed at blueridgeleader.com/purcellvilles-zoning-overhaul-developers-dollars-and-the-battle-for-the-towns-future/.

Council Member Kevin Wright said that a vote to approve the public hearing on the zoning ordinance “is disrespectful to the citizens,” and he wouldn’t support it.

Council Member Susan Khalil said, “I feel the work has been done. Opportunities obviously presented themselves over a long period of time and we need to move forward.”

Council Member Caleb Stought said he felt that council was considering only the recommendations of the planning commission and not the expert recommendations of the staff. “It’s premature to move forward on it,” he said.

Former Planning Commissioner and Council Member Carol Luke said she had the highest regard for all the work and the research the planning commissioners put into the zoning ordinance rewrite. 

“The Planning Commission answers to the Town Council and that is the way it is set up. Our administrator answers to the Planning Commission.” Luke said there will always be the opportunity to bring up zoning issues and address changes when somebody wants to, or when it becomes necessary. “It would behoove us to get it finished and move forward,” she said. 

Vice Mayor Ben Nett said the Planning Commission has been working on the draft zoning ordinance for four years, with three different zoning administrators, and several iterations with staff.  “The Planning Commission has had multiple opportunities for input from Town staff. I am comfortable with voting and advancing the zoning ordinance,” he said. 

Mayor Chris Bertaut, who is also a Planning Commissioner explained, “There were 15 appointed citizen volunteers over this period of time. They conducted a gap analysis, they collected and analyzed County GIS data and other relevant information. Most of all [they] investigated the State Code requirements to ensure compliance.”

Bertaut stated that while the Planning Commission answers to the Town Council, their primary responsibility is to the Virginia legislature, and they’ve followed Virginia Code “to the letter on this matter.

“This zoning ordinance that is before us today has been reviewed by the town attorney, subjected to scrutiny by the town staff. Many, many of their recommendations for changes have already been incorporated into this document.” 

Bertaut explained that the entire zoning ordinance rewrite effort began after the adoption of Purcellville’s Comprehensive Plan. The rewrite of the zoning ordinance was done to bring the entire body of the town’s zoning into alignment with the Comprehensive Plan, current Virginia and federal laws, and local, state and county regulations.

“I feel the effort has been made and it’s time to move forward on this matter,” he concluded.

Developer Casey Chapman, speaking during the citizen comment portion of the meeting said, “The rush for the zoning ordinance is the public isn’t being shown what staff’s perspective is on what the Planning Commission has produced.” He said he wanted to hear staff’s input. “It’s ludicrous not to listen to staff—the zoning ordinance is burdensome,” he concluded.