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Purcellville planning chair says tourism-zone policy is outside commission's authority; item removed pending legal review
Summary
Chair Ronald B. Reis read a legal memo concluding the 2012 tourism-zone resolution is an economic-development instrument under state law and not a land-use matter, and the commission voted to remove the tourism-zone item from tonight's agenda and request town-attorney review.
Chair Ronald B. Reis asked the Purcellville Planning Commission on Nov. 6 to remove an agenda item about the town's tourism zone and seek a town-attorney opinion before the commission takes any position on the policy.
Reis read a memorandum he authored arguing that the town's 2012 tourism-zone resolution and the town code implementing tourism zones arise under Chapter 38 of Title 15.2 of the Code of Virginia and are economic-development tools, not land-use or zoning matters governed by Chapter 22. "My conclusion, the town council's 2012 tourism resolution and any subsequent request for the planning commission to consider or comment on it falls outside the legal authority of the planning commission under Chapter 22 of Title 15.2," Reis said.
Council-appointed member Bertaux pushed back, saying the tourism-zone program's use of "regulatory flexibility" and incentives could change local land uses and merited discussion by the planning commission. "I think this is something that the planning commission should discuss," Bertaux said, noting uncertainty about the legal effect of the tourism-zone incentives.
After debate, the commission voted by voice to remove item 10c (the tourism-zone matter) from the evening's agenda and adopt the amended agenda. Chair Reis asked that his memorandum be transmitted to the town attorney for review and for the attorney to advise whether the commission may lawfully deliberate or issue recommendations pending a zoning or comprehensive-plan trigger.
What happened: the commission agreed that, absent a zoning or comp-plan amendment that would invoke Chapter 22 review, the tourism-zone policy was properly characterized as an economic-development ordinance administered by the town council and not a planning commission responsibility. The commission recorded no formal motion to change the tourism-zone policy itself; it removed the item from tonight's agenda and requested legal guidance.
Next step: the council-appointed member (Bertaux) said he would forward the memorandum and request town-attorney input. The tourism-zone item will remain off the commission agenda until counsel advises whether a referral or any zoning-related trigger is present.
All direct quotes above are attributed to speakers who spoke in the meeting record.
