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Mary Ellen Stover has lived in Purcellville since 1981 and has operated her antique shop on 21st Street since 1994.  Nichols Hardware has been on 21st St. for 100 years and operated by the same family.

There are less than 8 days before the deadline to file an appeal with the Town of Purcellville Board of Zoning Appeals.  We think the rules the town has in place should apply to everyone.  The developers, John Chapman and Mark Nelis of the 5-6 story proposed project to be built on 21st Street asked the town zoning administrator, Patrick Sullivan to render an official decision on their expired Certificate of Design Approvals.  This is a reversal of town policy, and contradicts what Sullivan has stated for over a year, he now has ruled the the project has officially started.

I feel this is wrong as it clearly states according to Sec.54-78 - Decision; certificate of design approval.  Approval by the board of any application filed under this article shall be evidenced by issuance of a certificate of design approval, signed by the chairman, designating the application number, name of applicant, date of approval, identification of property involved and a brief description of the construction approved.

Please join with me in this appeal to the Town Purcellville and the Board of Zoning Appeals.  Please donate to the legal fund I have started.  The town may have up to two attorneys defending this decision.  As business owners and residents of Purcellville, we must be prepared for the legal fees for a land use attorney to present our case.

Additional Background

The Vineyard Square, consists of the 5-6 story mixed use commercial and 40 condominimum development planned for downtown Purcellville.  Chapman and Nelis obtained Certificate of Design Approval (CDA) permits from the Board of Architectural Review (BAR) to demolish certain buildings on 21st Street, each requiring a separate CDA.  There were other issues that the BAR did not approve that were appealed to the Town Council. 

To date, the developer has not even submitted a site plan, which is customary to have your site plan reviewed and approved before CDA's are applied for.  It is also an extreme measure to tear down buildings before the Zoning Dept. approves the project plans.

To proceed with the project Chapman and Nelis had to meet time limits on each CDA said Zoning Administrator Sullivan at the time, “Each of the CDAs has a time limit of one year that is imposed by ordinance (Chapter 54 Section 54-78 (f) of the Town Code). The CDAs will expire and a new CDA will have to be applied for if the applicant does not commence construction on each CDA prior to its expiration date.” The deadlines laid out in Sullivan’s May 29, 2014 memo were as follows:

November 14, 2014, for the demolition of all the buildings along 21st Street, O Street and the other buildings in back of 21st Street with the exception of the two brick buildings at the southern end of the project. The applicant must begin demolition on all 10 buildings prior to November 14, 2014, or he faces having these CDAs expire.

December 16, 2014, for the demolition for the two brick buildings on 21st Street, pending an approved site plan and complete zoning permit (for the building to replace it).

January 14, 2015, this deadline required an approved site plan and zoning permit for the new building, along with the commencement of construction.

At the time of the May 2014 memo, staff expressed concern that the developers would not be able to meet these deadlines “… and the project would have to stop.” In response, the outgoing Lazaro town council in June of 2014 was planning a vote to extend the CDAs for a year. This effort failed due to community outcry over the special treatment being afforded to the developers. The issue came back to the newly elected town council in July 2014, at the request of council member Joan Lehr, but the majority voted 4-3 not to extend the CDAs with Mayor Kwasi Fraser and council members Karen Jimmerson, John Nave and Ben Packard voting no, and Joan Lehr, Patrick McConville and Doug McCollum voting yes to extend.

At the March 24, 2015 Purcellville Town Council Work Session council member Jimmerson said, “So for nearly a year, the applicant found no reason to contest these expiration dates and I am naturally suspect that this is a back door way to get the desired extension that was sought back in June of 2014.”

What Changed

Now, over a year since the whole process began, developer John Chapman is again challenging the permit deadlines. In a March 9, 2015, letter to Purcellville Town Manager Rob Lohr, Chapman asserted that even though the final deadline for the CDAs was January 14, 2015, the notice letter wasn’t mailed by staff until March 19, 2014, making his permit expiration date March 19, 2015 (the original vote on the project took place in December 2013).

Setting up a completely different argument, Chapman now also asserts that the project “ … is well under way,” since on November 17, 2014, the Chapman Group, LLC demolished three buildings under CDAs 13-13 and 13-14, making the CDAs, “in compliance and … valid as long as we continue to work diligently to move our project forward.”

March 13, 2015, Zoning Administrator, Patrick Sullivan’s Final Word And Reversal

Despite his earlier memos clearly stating that “The CDA’s will expire and a new CDA will have to be applied for if the applicant does not commence construction on each CDA prior to its expiration date … ” Zoning Administrator Sullivan is now in agreement with and in fact lobbying for Chapman’s position.

Using Chapman’s own language now, Sullivan says that if “diligently” pursued the project would be considered “commenced,” adding that he defined the word “commence” based on dictionary.com – to “start or begin.”

He continued, “What is the project? Is it the individual request of each CDA to demolish a building or is it the totality of all the CDAs.” To that question Sullivan turned to the intent of the applicant, staff, the BAR, and the town council (Lazaro Town Council). He added that he must consider the concept of diligent pursuit. Sullivan continued that the meaning of the word project referred to the development of the site as “an integrated whole.”

Confusing things further, in conclusion Sullivan stated that all “CDAs en masse do not have to meet each validity deadline.” All CDAs are valid despite expiration dates “as long as diligent pursuit occurs.”  I cannot see how a developer's project can be seen as "diligently pursued", when no project site plan has been submitted to the town for review and approval.  It is obvious that diligence has been shown in tearing down the 2 historic brick buildings behind the 21st St. businesses.  There are still 2 massive piles of rubble as evidence.

The March 13, 2015 letter to John Chapman did not become public until it was mentioned by council member Karen Jimmerson at the March 24 Purcellville Town Council Work Session. Jimmerson said, “The zoning administrator’s letter to the developer also states that there is an appeals process listed and how a citizen can appeal. How would a citizen even know about the existence of this letter if they didn’t happen to look on the town website by happenstance?”

Interested parties (aggrieved) may appeal the Zoning Administrator, Patrick Sullivan's decision within thirty days from that date. The appeal package must be received by the zoning administrator and the board of zoning appeals at the town hall, 221 South Nursery Avenue, Purcellville, Virginia 20132. The package must include a completed appeal application form, a copy of the zoning administrator’s letter, a written statement specifying the grounds for appeal and an appeal fee in the form of a check payable to the Town of Purcellville for $500. It is imparative to come to the appeal hearing, which is what we will do.  

As Business Owners, and Residents of Purcellville, we must be prepared for the legal fees for our appeal to the Board of Zoning Appeals.

Please join me in saving Downtown Purcellville!