MEETING. MINUTES TOWN OF PURCELLVILLE PLANNING COMMISSION THURSDAY, JUNE 20, 6:301 PM TOWNHALL COUNCIL CHAMBERS  Video Link: itps/purelvilevagmnicuscomplayerelip19lPview.ad-lredirect-true  COMMISSIONERS PRESENT: Nan Forbes, Chair  Ed: Neham, Vice chair (present remotely) Chris Bertaut, Town Council Liaison Brian Green, Commissioner Nedim Ogelman, Commissioner Ron Rise Sr., Commissioner COMMISSIONERS ABSENT: Troy Brown, Commissioner  STAFF PRESENT: Summer Wilkes, Director of] Planning and Community Development; Jordan Andrews, Planner; Kendall Wisniewski, Planning Operations Coordinator  CALLTO ORDER:  Chair Forbes called the meeting to order at 6:33 pm. The Pledge of Allegiance followed. Commissioner Ogelman requested adding action item 9.b to discuss the proposed letter to the  AGENDA AMENDMENTS:  Attorney General. The Commission agreed to add item 9.b1 to the agenda.  COMMISSIONER DISCLOSURES:  Pursuant to Code of Virginia 2.2-3708.3 and Town of Purcellville Resolution 21-06-06, Mr. Neham has requested to participate in this meeting by electronic communication from a remote location that is not open to the public. Due to a medical condition, Mr. Neham will be participating ini this meeting remotely from his home. As required by law, aj physical quorum of the Planning Commission is] present ini the Council Chambers, and Town Staffhave arranged for the voice of Mr. Neham to be heard by allj persons in the Council Chambers. Mr. Neham made the request within the timeframe required by policy and the Town Attorney has determined that his request meets the requirements for remote participation. The Planning Commission will record in its minutes the reason for Mr. Neham's remote participation and the location from  which he participated. APPROVAL OF MINUTES: discussion from May 2nd.  Commissioner Ogelman proposed new language to include in the minutes summarizing the Commissioner Rise requested for the charts created to review the Agenda Development Policy that were brought to thel May 16th meeting be attached to meeting agenda packet or minutes.  1Page    CITIZEN COMMENTS:  None.  PLANNING STAFF REPORT: 7.a Plan' Tracking Summary  Planner. Andrews provided the Commission with updates on the Town projects. He noted that the tracking summary will begin to track the status ofj just the projects that the Planning Department reviews following the divide from the Engineering and Capital Projects Department. Planner Andrews and Director Wilkes then answered questions raised by the Commission regarding updates to the County's proposed culverts for the floodplain and the Town'srole in the proposed  recreational facility.  7.b State Code Checklist for Zoning Ordinance Update  The Commission reviewed the updated Zoning Ordinance compliance with the State Code checklist and discussed the inclusion of adding affordable housing language to the Comprehensive Plan as a1 topic in the next Comprehensive Plan update.  7.cl Update on Downtown Master Plan RFQ  Director Wilkes shared updates on the potential Downtown Master Plan and answered questions Commissioner Ogelman shared that there needs to be transparency with the citizens about how this money is going to be used and where the authority is coming from toj pursue this project, as Chair Forbes shared concern oft the Downtown Master Plan slowing down the current Zoning Commissioner Ogelman stated that a Downtown Master Plan is not supported by the Comprehensive Plan. Director Wilkes stated that she will provide a report outlining how the  raised by the Commission.  thel Planning Commission does not support it.  Ordinance rewrite.  Comprehensive Plan supports a Downtown Master Plan.  7.dStaffTraining  Planner Andrews summarized the new permit module system being used to process, approve, Planning Operations Coordinator Wisniewski shared information about the GIS training course Director Wilkes updated and answered Commissioner questions regarding intern PJ Flynn's  and track] permits. she is about to take.  project updating the Town's historic property survey.  DISCUSSION ITEMS:  8.a Zoning Ordinance Rewrite Update  2/Page    Planner Andrews introduced Articles 5-7 ofthe Zoning Ordinance draft found int the agenda packet. The Commission then discussed how they will go about reviewing the final draft oft the Ordinance. It was agreed that each Commissioner will review the articles that they had each previously made comments to. Staff then answered questions regarding the glare standards and  the process ofenforcement in Article 6: Outdoor Lighting Regulations.  8.b Zoning Ordinance Adoption Plan  Director Wilkes shared with the Commission ai memo and calendar outlining potential timelines for accomplishing the Zoning Ordinance rewrite. The Commission discussed the potential timelines and agreed oni following track. A outlined int the memo. The memo is attached. Vice Chair Neham motioned for thel Purcellville Planning Commission to request the' Town Manager to have a special meeting on July 3, 2024, for the purpose of reviewing the draft ofthe Zoning Ordinance and to serve as a substitute for the regular scheduled meeting on July 4, 2024. (Carried 4-0-2 Abstain - 1 Absent, Forbes: Aye, Neham: Aye, Bertaut: Aye, Brown: Absent, After further discussion and a review of the State Code, Chair Forbes formally called a special meeting on July 10th at 6:30 pm to review and vote on the draft Zoning Ordinance. Vice Chair Neham made a motion requesting the Town Manager for staff support at this special meeting. (Carried 4-0-2 Abstain - 1 Absent, Forbes: Aye, Neham: Aye, Bertaut: Aye, Brown: Absent, Green: Aye, Ogelman: Abstain, Rise: Abstain). Votes were abstained because, according to the State Code, Chair Forbes can call a special meeting. The Commission is only requesting staff Chair Forbes announced that the Planning Commission intends to having aj public hearing at 6:30pm on the 25th of] July, 2024. The rest oft the Commission concurred. Vice Chair Neham motioned to request the Town Manager to provide staff support and accommodate the Planning Commission in having a special meeting on July 25th, ,2024, at 6:30 (Carried 6-0-14 Absent, Forbes: Aye, Neham: Aye, Bertaut: Aye, Brown: Absent, Green: Aye, Chair Forbes called a special meeting on July 315 for the purpose of reviewing public comments Vice Chair Neham made ai motion requesting the Town Manager to have a special meeting on July 31st for the purpose ofr reviewing public comments from the July 25th meeting and voting on Council Liaison Bertaut made a friendly amendment for the motion to state: As a courtesy, request the Town Manager for staff support at the special Planning Commission meeting whose purpose ist to review comments from the public hearing held on the 25th. Vice Chair Neham  Green: Aye, Ogelman: Abstain, Rise: Abstain)  support at the meetings.  pm for aj public hearing on the Zoning Ordinance.  Ogelman: Aye, Rise: Aye)  from the July 25th meeting and voting on the final Zoning Ordinance draft.  the. Zoning Ordinance.  accepted this friendly amendment.  3Page    (Carried 6-0- 1 Absent, Forbes: Aye, Neham: Aye, Bertaut: Aye, Brown: Absent, Green: Aye,  Ogelman: Aye, Rise: Aye) ACTION ITEMS:  9.a Agenda Development Policy  The Commission began reviewing the Agenda Development Policy draft found in the agenda  packet.  Vice Chair Neham motioned to extend the end oft the meeting time to 10j pm.  (Carried 6-0-14 Absent, Forbes: Aye, Neham:. Aye, Bertaut: Aye, Brown: Absent, Green: Aye,  Ogelman: Aye, Rise: Aye)  The Commission continued to review the Agenda Development Policy draft.  Commissioner Rise made a: motion for the Purcellville Planning Commission to: recommend the Town Council to reject the. Agenda Development Policy because it contradicts the authority, responsibility, obligations, and procedures set forth int the Virginia Code Section 15.2 Chapter 22 Article 2: Local Planning Commissions. He further moved that the Council consider the edits (Carried 6-0-1 1 Absent, Forbes: Aye, Neham: Aye, Bertaut: Aye, Brown: Absent, Green: Aye,  that were not included in the. June 25 packet as they received it.  Ogelman: Aye, Rise: Aye)  9.b Letter to the Attorney General  Commissioner Ogelman motioned to extend the meeting end time to 10:15.  Carried 6-0- 1 Absent, Forbes: Aye, Neham: Aye, Bertaut: Aye, Brown: Absent, Green: Aye, Commissioner Ogelman read aloud a drafted letter to the Attorney General from the Planning Commission. The Commission decided toi further review the issues being raised before moving  Ogelman: Aye, Rise: Aye)  forward with sending the letter. The letter is attached to the minutes.  COUNCILI REPRESENTATIVE. REPORT: PLANNING COMMISSIONER COMMENTS:  None. None. ADJOURNMENT:  With no further business, Council Liaison Bertaut motioned to adjourn at 10:16pm.  4Page    R  Chair, Planning Commission  as of09/19/2024  Kandlat ut  Kendall Wisniewski, Planning Operations Coordinator  5IPage    Andrews, Jordan From: Sent: To: Subject: Commissioners:  Bertaut, Christopher Thursday, June 20, 2024 5:491 PM Planning Commission  Letter to the Attorney General of Virginia for Discussion Tonight  Please review thel letter below. It will be brought to the Planning Commission this evening.  **** ***  Office oft the Attorney General, Commonwealth of Virginia  As duly appointed members of the Planning Commission established under Virginia Code S 15.2-2210ofthe Under Virginia Code 5 15.2-2211, "Planning Commissions may request from such [state and federal] departments and agencies, and such departments and agencies of the Commonwealth shall furnish, such reasonable information which maya affect the planning and development of the locality." The Purcellville Planning Commission has repeatedly sought clarification from the town staff and elected officials of Purcellville, without success regarding Loudoun County and Town of Purcellville staff collaboration to change the zoning use of land within the Town of Purcellville using a "Deed of Dedication" and "Land Development Application Plat" to change land uses and "extinguish" real property within the Town. The use ofthe aforementioned instruments avoided due process set forth in Purcellville's Zoning Article 10- "Changes and Amendments". The real property is located at 601 N21st Street, Purcellville and was recorded by Loudoun County Land Record, PARID! 522-10-8098. The real property is also recorded as Lot 74 of the Catoctin Meadows Homeowners Association, Phase 2, Deed of Dedication. The Loudoun County Board of Supervisors (Staff) purchased the residence in November of 2018 and are currently voting members of1 this small 74- Currently, the local Planning Commission is striving to propose revised zoning regulations and the Official Zoning Map of Purcellville in line with the citizen direction outlined in Plan Purcellville 2030, the Town's Comprehensive Plan. The Commissioners need to understand the "legal" use ofi instruments used to avoid due process for zoning and land use changes within the Town by administrative action without prior Town The Town Council has recently adopted policles that contradict direction provided in Plan Purcellville 2030, specifically preservation of designated land intended for both privately-owned parks and open space as a site for ani interchange impacting wetlands, forests, creeks and floodplain within the Town, without an environmental study, DCR, and DEQO or amending the comprehensive plan to reflect changes that will be  incorporated Town of Purcellville, Virginia, we seek your assistance and guidance.  member HOA.  Council votes, or public hearings and input.  brought on by the construction of this roadway.    In addition, the Town's Planning Staff has indicated that the Town Manager, Mayor, and Vice-Mayor have directed them to pursue development plans within the "Downtown Historic District" that contradict priorities set forth in Plan Purcellville 2030, again without amending the Town's Comprehensive Plan. The Planning Commission ofi the Town of Purcellville, Virginia, hereby respectfully requests the guidance ofthe Office of the Attorney General oft the Commonwealth of Virginia, and all other relevant departments and agencies oft the Commonwealth, such as Department of Conservation and Recreation, and Department of Environmental Quality to review and clarify these outstanding issues affecting the planning and development  of Purcellville, by this Planning Commission.  Respectfully, Nan Forbes, Joseph, Chair Ed Neham, Vice Chair Brian Green, Commissioner Troy Brown, Commissioner Ronald Rise, Sr., Commissioner Nedim Ogelman, Commissioner Christopher Bertaut, Commissioner  2    DATE:  June 20, 2024  MEMO TO: Planning Commission  FROM: SUBJ:  Summer Wilkes, Director of Planning and Community Development Zoning Ordinance Recommendation Process alternatives  This memo outlines three potential tracks, "Plan A," "Plan B," and "Plan C," for accomplishing areview and public hearing schedule for the recommendation oft the Zoning Ordinance Rewrite by the Planning Commission. These alternatives have been generated ini response to the Commission's previously expressed desire to expedite this process and to make a decision by the Tol be clear, this is NOT A STAFF RECOMMENDATION. It is only intended to present the  August recess.  facts and protocols necessary to make the decision.  In summary:  "Plan A" ends with ai final Commission vote on July 31, after at least one public hearing in July "Plan B" ends with a Commission vote on July 31 on the final version ofthe draft, and then allows more time in August for public review, with public hearings in September, a Commission final vote after the public hearings, and then passage to the Council by October. "Plan C"i is some third alternative that is generated by the Commission, but not detailed here.  and then forwarding to the Council after. August.  As you consider these alternatives, please know the following:  & Special Meetings:  Approval for special meetings must be requested IN WRITING from the Any change to ai regular meeting in time, date or location is considered to be a special meeting, and requires a three day notice with published agenda. & Public Hearings: Public hearings must follow the Code of Virginia, $15.2-2204. A notice ofintention must be published 14 days in advance, once a week for 2 Written notices to all affected property owners (at least everyone in the new overlay districts) must be mailed at least 5 days before the hearing. ($15.2-  Commission to the' Town Manager.  weeks. 2204.B)  Staff may be out ofthe office. Some known dates for staff are in italics. public about the zoning changes, media communications, etc.  The actions detailed herein are the major actions and do not account for staff time with all other department projects and the increase in time spent to answer questions from the  Here is a detailed look at Plan A and Plan B, with regular and potential meeting dates  highlighted:  1    PLANA:  (Kendall: 6/24-25: GIS Training) (Summer: 6/28: 1-5 pm)  June 28: By 4:00 pm, staff sends agenda packet out with draft of whole ordinance  June 28 - July 3: PC reviews ordinance  July 3: Chair/Vice Chair comments on July 11 special meeting agenda due back to staff  July 3: PC potential special meeting - discussion of draft ordinance July 3: IF public hearing on July 18, must publish FIRST NOTICE  July 4: Holiday - Staffoff  (Boyd out: 7/3-5, Kendall out 7/5)  July 5: By 4:00 pm, staff sends agenda packet out for. July 11 special meeting July 5: Staff begins to develop agenda for. July 18 meeting July 8: Staff finalizes draft of agenda and sends to Chair/Vice Chair July 8 -1 12: Staff works on materials and presentation forj public hearing July 10: Chair/Vice Chair comments on agenda due back to staff July 11: PC potential special meeting - discussion of draft ordinance July 11:I IF public hearing on July 18, must publish SECOND: NOTICE July 11: IF public hearing on July 25, must publish FIRSTNOTICE July 12: Staff begins to develop agenda for. July 25 special meeting  July 11: Written notices to all affected property owners must be 522ABITNVIE  public hearing  July 12: ASTTURNAROUND by staff toi incorporate changes from July 11 meeting (or defer July 12: By 4:00 pm, staff sends agenda packet out for. July 18 regular meeting July 15: Staff finalizes draft of agenda and sends to Chair/Vice Chair July 15-1 18: Staff and PC: reps finishes materials and presentation for public hearing July 17: Chair/Vice Chair comments on July 25 agenda due back to staff July 18: PC regular meeting - discussion and approval of draft ordinance July 18 - July 25: Staff and PC reps work on public hearing materials July 18: IF public hearing on July 25, must publish SECOND: NOTICE  to the end)  July 18: POTENTIAL public hearing  July 18: Written notices to all affected property owners must be mailed (915.2-2204.B) )ifJuly 25  public hearing  July 19: Staff begins to develop agenda for. July 31 special meeting July 19: By 4:00 pm, staff sends agenda packet out for. July 25 special meeting  (July 19-22: Summer out oftown)  2    (July 21-24: Boyd at VAPA conference)  July 22: Staffi finalizes draft of agenda of] July 31 special meeting and sends to Chair/Vice Chair  July 24: Chair/Vice Chair comments on agenda due back to staff July 25: PC potential special meeting - potential first or second public hearing July 26: FAST TURNAROUND by staff toi incorporate public comments into draft ZO and July 31: PC potential special meeting - potential final vote; transmit ZO and comments to  publish separate staff report - publish on July 29 at the latest  Council  3    Plan B:  June 21: Staff begins to develop agenda for. July 3 meeting  (Kendal!: 6/24-25: GIS Training) (Summer: 6/28: 1-5pm)  June 24: Staff finalizes draft ofa agenda and sends to Chair/Vice Chair  June 25: keep in mind that the Council will likely pass the agenda development policy and we  will operate accordingly afier.June 25  June 26: Chair/Vice Chair comments on agenda due back to staff  June 28: By 4:00 pm, staff sends agenda packet out with draft ofwhole ordinance  June 28 - July 2: PC reviews packet  July 1: Staff finalizes draft of agenda of. July 11 special meeting and sends to Chair/Vice Chair July 3: Chair/Vice Chair comments on July 11 special meeting agenda due back to staff  July 3: PC potential special meeting - discussion of draft ordinance  July 4: Holiday - Staffoff  (Boyd out: 7/3-5, Kendall out 7/5)  July 5: By 4:00 pm, staff sends agenda packet out for. July 11 special meeting July 5: Staff begins to develop agenda for. July 18 meeting July 8: Staffi finalizes draft of agenda and sends to Chair/Vice Chair July 10: Chair/Vice Chair comments on agenda due back to staff July 11: potential PC special meeting - discussion of draft ordinance July 12: Staff begins to develop agenda for. July 25 special meeting  July 12: By 4:00 pm, staff sends agenda packet out for. July 18 regular meeting (with any  possible revisions to the ZO draft)  July 15: Staff finalizes draft of agenda and sends to Chair/Vice Chair July 17: Chair/Vice Chair comments on 7/25 agenda due back to staff July 18: PC regular meeting - discussion of draft ordinance July 19: Staff begins to develop agenda for. July 31 special meeting July 19: By 4:00 pm, staffs sends agenda packet out for July 25 special meeting  (July 19-22: Summer out oftown) (July 21-24: Boyd at VAPA conference)  4    July 22: Staff finalizes draft of agenda of. July 31 special meeting and sends to Chair/Vice Chair  July 24: Chair/Vice Chair comments on agenda due back to staff July 25: potential PC special meeting discussion of draft ordinance publish separate staff report - publish on July 29 at the latest vote that will prompt transmission to the Council)  July 26: FAST TURNAROUND by staff to incorporate public comments into draft ZO and July 31: potential PC special meeting - where PC takes a vote on the final draft (but not the final  August Recess  August 22: IF public hearing on Sept. 5, must publish FIRSTNOTICE August 29: IF public hearing on Sept. 5, must publish SECOND: NOTICE  August 29: Written notices to all affected property owners must be mailed(I5.2-2204.B)1 if Sept During the month ofJuly and. August, staff and any Commissioners work on the public presentation (PowerPoint and other means ofi public distribution). for September Sept 5: PC regular meeting - presentation / potential public hearing? Sept 5: IF public hearing on Sept 19, must publish FIRSTI NOTICE Sept 12: IF public hearing on Sept 19, must publish SECOND NOTICE  51 public hearing  Sept 12: Written notices to all affected property owners must be mailed ($15.2-2204.B) if Sept  19j public hearing  Sept. 19: PC regular meeting - potential public hearing  Staffrevises the draf to reflect citizen comments /A prepares ai report of citizen comments  Oct. 3: PC regular meeting  potential final vote Oct. 17:PC regular meeting - potential final vote  At the June 20 Commission meeting, these votes would ideally be made to decide on a path  forward:  1) Vote on Plan A or Plan B - or perhaps a third alternative Plan C. 2) Vote on how the review work is allocated - for example, will each Commissioner review/cross-check the section they were assigned before? 3) Vote to make a written request to the Town Manager for special meetings  5