Planning Commission

Planning Commission Agenda Tuesday, October 21, 2025 at 6:00 PM Economic Development Center, Council Meeting Room 803 South Main Street, Culpeper Page 1. CALL TO ORDER 2. CALL OF ROLL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 4.1 Minutes from September 25, 2025 3-5 9-25-2025 PC WS minutes.pdf 5. PUBLIC COMMENTS Comments and correspondence from citizens, visitors and delegations in the audience. This is an opportunity for citizens to comment on any matter not scheduled for a public hearing. 6. UNFINISHED BUSINESS 7. NEW BUSINESS Public hearings allow the Commission to gather information from interested citizens on the agenda items. Citizens may speak in reference to each item on the agenda for a time usually limited to three (3) minutes. Commissioners and staff may ask questions of anyone attending the hearing. Speakers are asked not to direct questions or comments to each other. Speakers are not allowed additional time for rebuttal. This is a hearing, not a debate. Questions may be directed to Commissioners and Community Development staff during office hours. 7.1 Text Amendment 6-8 A Text Amendment to Town Code Chapter 27 to provide a mechanism Page 1 of 8  for consideration of a request for a reasonable accommodation in accordance with provisions of state and federal fair housing laws or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. Reasonable Accomodation Request Text Amendment Memo.pdf Draft Reasonable Accommodations Code Amendment PC PH 2025_10_21.pdf 8. OTHER BUSINESS 9. FOLLOW-UP ITEMS 10. PLANNING DIRECTOR UPDATES 10.1 Ongoing Land Use and Transportation Projects 10.2 Update on Unified Development Ordinance 11. COMMISSION MEMBERS DISCUSSION 12. ADJOURNMENT Page 2 of 8  Minutes Town of Culpeper Planning Commission Work Session September 25, 2025 803 S. Main St., Economic Development Center, Culpeper, VA 22701 Call to Order Mr. Flanagan called the meeting to order at 9:00 am Call of Roll Members Present: John Cerio James Clements Ian Fitzsimmons John Flanagan Janie Schmidt Staff Present: Andrew Hopewell, Director of Planning and Community Development Connie Dalton, Town Planner Kelli Carmichael, Planning and Zoning Assistant Others Present: Al Caldwell, of Tax Map #50-1D on Zeuswyn Drive Approval of Agenda Motion: By Mr. Cerio, to approve the agenda as presented Seconded: By Mr. Fitzsimmons Vote: Approved 5-0 Election of Officers Mr. Flanagan turned the meeting over to Mr. Hopewell Motion: By Mr. Cerio, to nominate Mr. Flanagan as Chair Seconded: By Mr. Fitzsimmons Motion: By Mr. Flanagan, to nominate Mr. Clements as Chair Seconded: By Ms. Schmidt Motion: By Mr. Cerio, to close nominations Seconded: By Ms. Schmidt Mr. Flanagan declined the nomination for Chair leaving only the motion for Mr. Clements as Chair. Vote: Approved 4-0, Abstain: Clements (1) Mr. Hopewell turned the meeting over to Mr. Clements. Motion: By Mr. Cerio, to nominate Mr. Fitzsimmons as Vice-Chair Seconded: By Ms. Schmidt Planning Commission Work Session 1 Minutes – September 25, 2025 Page 3 of 8  Motion: By Mr. Cerio, to close nominations Seconded: By Mr. Flanagan Vote: Approved 4-0, Abstain: Fitzsimmons (1) Motion: By Mr. Cerio, to nominate Mr. Flanagan as Parliamentarian Seconded: By Ms. Schmidt Motion: By Mr. Fitzsimmons, to close nominations Seconded: By Mr. Cerio Vote: Approved 4-0, Abstain: Flanagan (1) Mr. Clements requested that Staff continue as Secretary. Approval of Minutes Motion: By Mr. Cerio, to approve the minutes as presented Seconded: By Ms. Schmidt Vote: Approved 4-0, 1 abstain (Clements) Comments and Correspondence from Citizens, Visitors and Delegations in the Audience on Items Not Scheduled for Public Hearing. None. Unfinished Business Town Ordinance Amendment Case O-2025-002 Work Session: Mr. Hopewell led discussion with the Commission the property owner requested changes to their proposed zoning designations in the draft UDO. Mr. Hopewell noted that per direction given from Town Council at this week’s “3P Committee” meeting, Council does not wish for the Planning Commission to review the requests from 226 West Scanlon Street and Tax Map #41-100A as the Commission acted on these requests previously. The properties of TM #41A2-1-H2-21 and 41A2-1-H2-22 on East Spencer Street: Commission discussion ensued regarding lot size, the current use and the potential uses in the proposed “RX, residential mixed use” zoning designation. Motion: By Mr. Flanagan, to change the proposed zoning from “I, industrial” to “RX, residential mixed use” Seconded: By Ms. Schmidt Vote: Approved 5-0 The property of TM #50-1D on Zeuswyn Drive: Commission discussion ensued regarding the current state of Zeuswyn Drive and the appropriateness of a “C, commercial” versus an “NX, neighborhood commercial mixed use” for this property relative to its immediate surroundings. Motion: By Ms. Schmidt, to change the proposed zoning from “RR, rural residential” to “C, commercial” Seconded: By Mr. Fitzsimmons Vote: Approved 5-0 The properties of TM #41A3-4-68 and 41A3-4-69 on Wolford Street: Commission discussion ensued regarding the property owner’s reason behind the request and the allowable uses in Planning Commission Work Session 2 Minutes – September 25, 2025 Page 4 of 8 the currently proposed “NX, neighborhood commercial mixed use” and the requested “RX, residential mixed use”. The Commission did express a preference for the additional parcel under the same ownership at 209 Wolford Street be added to the request. Motion: By Mr. Flanagan, to change the proposed zoning from “NX, neighborhood commercial mixed use” to “RX, residential mixed use” Seconded: By Mr. Cerio Vote: Approved 5-0 In the interest of time, Mr. Hopewell requested that the Text Amendment under “Other Business” be discussed prior to “Discussion Items”. The Commission agreed to the request. Other Business Mr. Hopewell requested the initiation of a Text Amendment to Town Code Chapter 27 to provide a mechanism for consideration of a request for a reasonable accommodation in accordance with provisions of state and federal fair housing laws or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. Motion: By Mr. Fitzsimmons, to initiate a Text Amendment to Town Code Chapter 27 to provide a mechanism for consideration of a request for a reasonable accommodation in accordance with provisions of state and federal fair housing laws or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. Seconded: By Mr. Cerio Vote: Approved 5-0 Discussion Items Comprehensive Plan Update Introduction: Ms. Dalton presented a Comprehensive Plan Update Introduction to the Commission. Discussion ensued regarding the process of updating the Plan, the steps needed to get the Plan adopted and what is needed from the Commission during the process. Mr. Hopewell requested that the Commissioners come to the next Comp Plan update discussion with 5 points on core components of the vision for the group to consider. Follow Up Items None. Planning Director Discussion Mr. Clements inquired about the Agenda for October’s regular meeting. Mr. Hopewell noted the public hearing for the text amendment is the only item currently scheduled for the October regular meeting. Mr. Hopewell offered to have the ongoing projects update as an agenda item for October’s meeting as well. Planning Commissioner Discussion Mr. Fitzsimmons thanked Staff for the presentation on the Comprehensive Plan Update Introduction. Adjournment - The meeting adjourned at 11:21 am _______________________ ______________________________ Date Chairman Planning Commission Work Session 3 Minutes – September 25, 2025 Page 5 of 8  MEMO To: James Clements, Town of Culpeper Planning Commission Chair From: Andrew Hopewell, Director of Planning & Community Development Date: October 21, 2025 Re: Reasonable Accommodation Request Text Amendment It has come to the Town’s attention that there is not currently a way to grant a reasonable accommodation to the Town’s Unified Development Ordinance (UDO) if the event that a citizen with a disability is not able to use and enjoy a dwelling or structure within the Town. The proposed text amendment would create that opportunity for requests to be made related to specific individuals and specific properties and would provide an avenue to address these requests in the instance they cannot be accommodated through a Zoning Variance as prescribed in Virginia State Code § 15.2-2309.2. The proposed amendment would create a process whereby the accommodation could be requested, identifying the accommodation necessary, the property and the individual needing the accommodation along with the medical justification for the need for the accommodation. The request would be evaluated by the Zoning Administrator who would identify the request’s potential impacts and possible alternatives, as well as if it could be addressed by a variance instead. If not able to be addressed in any other manner, the reasonable accommodation request will be presented to the Town Council within 90 days of submission. If granted, the accommodation will be specific to the individual(s) and the property(ies) involved in the request. Page 6 of 8  UDO 27-12. Procedures 27-12.125 Reasonable Accommodations 27-12.125.1 General The reasonable accommodations request procedures of this section establish a process for evaluating the appropriateness of proposed deviations from the requirements of this UDO in order to permit an individual to use and enjoy a dwelling or structure. These accommodations must be in accordance with provisions of state and federal fair housing laws or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. 27-12.125.2 Request Submission Requirements If this Code prevents an individual with a disability from having an equal opportunity to use and enjoy a dwelling or structure and a reasonable accommodation would allow that person to have an equal opportunity for such use or enjoyment, the owner or tenant of the dwelling or structure may submit a reasonable accommodation request to allow such reasonable accommodation. The reasonable accommodation request must contain: A. The Code section that is a barrier to equal opportunity for use and enjoyment; B. The property to which the requester wishes the reasonable accommodation to apply; C. The accommodation being requested and an explanation of how the person’s disability requires that accommodation; D. The identity of the individual needing the accommodation; and E. The medical documentation for the need for the accommodation. 27-12.125.3 Zoning Administrator Action A. Reasonable accommodation requests shall be submitted to the Zoning Administrator who shall evaluate the request and identify: (1) Potential impacts of the accommodation request on public health, safety or welfare, the Town’s finances or administration, or the fundamental nature of the zoning ordinance, if any; and (2) Potential alternatives to the accommodation request if the requested accommodation is unreasonable. B. If the requested accommodation would impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the zoning ordinance, the Zoning Administrator shall offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the requester. Page 7 of 8  C. If the reasonable accommodation request can be granted with a variance, the Zoning Administrator shall deny the request and refer the requester to the process for obtaining a variance. 27-12.125.4 Presentation to Town Council Completed requests for reasonable accommodation that cannot be granted with a variance shall be presented to the Town Council for action within 90 days of their submission to the Zoning Administrator. 27-12.125.5 Validity A. If granted, the reasonable accommodation will be memorialized in the zoning record for the affected property and expire when the identified individual no longer requires the accommodation or is no longer residing at, or utilizing, the identified property. B. Reasonable accommodations granted under this provision are personal to the individual requiring them and may not be transferred. Page 8 of 8