“There is really very little taste out there for the annexation” —Council Member Chris Bertaut

By Valerie Cury

At its July 9 Purcellville Town Council meeting an update was provided on the Chuck Kuhn Valley Commerce Center annexation/boundary line adjustment proposal. At the council’s work session on July 23, the council’s majority voted to continue the annexation/boundary line adjustment process to further enter into discussions with the applicant. 

In a 4-3 vote Mayor Stan Milan, Vice Mayor Erin Rayner, and Council Members Mary Jane Williams and Kevin Wright voted to continue the annexation process. Council Members Chris Bertaut, Carol Luke and Caleb Stought voted against continuing discussions with the applicant. 

If the Valley commerce Center is annexed into the Town of Purcellville, the county has indicated an additional 12.5-acre property—which is next to the proposed parcel (to the south west) would need to be part of the annexation. 

At the July 9 meeting, town staff also indicated that there are additional properties along Purcellville Road that would also like to come into the town should the center be annexed.

The 117.07-acre property is located in the county on Purcellville Road north of Rt. 7 and northeast of the Town of Purcellville. It is currently zoned Joint Land Management Area -3, meaning one house per three acres totaling 39 homes. 

The property is bordered by agricultural production, large residential lot residences, other vacant parcels and residential properties—all within the county. The Valley Industrial Park and the Mayfair community are on the opposite side of the street and are part of the Town of Purcellville.

According to an archaeological survey which was done on the property, a small cemetery is located in the southeast quadrant.

Nearly four years ago, then Mayor Kwasi Fraser’s town council voted against a similar annexation proposal for the same property. The proposal included industrial, commercial and 160 homes. 

The proposed project was called the Warner Brook annexation proposal. The annexation request was denied after a multi-year process of charettes, numerous council discussions, community input and public hearings. Prior to Kuhn’s purchase, the property was owned for decades by the same family. This was the only annexation request for the property.

Over two years ago, the new owner Chuck Kuhn held a community meeting at Patrick Henry College to present a new proposal that he submitted to the county for a rezoning of the property. At that time Kuhn wasn’t asking the Town of Purcellville for an annexation request, but said he would submit a request to the town for annexation if the town so desired. 

The well attended meeting was filled with citizens expressing their desire to leave the property as is—zoned JLMA-3 and developed at its by-right/allowed use of 39 homes. 

Shortly afterwards then Mayor Kwasi Fraser said a town annexation would go nowhere as “the community does not want it.” 

A recent survey of residents in the area resulted in 93.44 % of community members saying they were opposed to the annexation. 

In 2023, Kuhn filed a request with the county for a Zoning Map Amendment to rezone the 117.07-acre property from JLMA-3 to Planned Development – Industrial Park zoning district. “A Zoning Modification is also requested to amend the road standards and water and wastewater standards to permit the use on the property,” according to a Sept. 1 2023 memorandum from the Department of Planning and Zoning.

Loudoun County Planning and Zoning has already weighed in on the proposal. They have recommended denying a rezoning of the property from JLMA-3 to Planned Development Industrial Park (PD-IP). 

“Community Planning finds the proposed rezoning and development of a business/industrial park on the subject property is inconsistent with types of rural business, land development pattern, and design characteristics anticipated for the Purcellville JLMA Rural Neighborhood Place Type,” according to the Community Planning Memorandum Sept. 1, 2023.

The memorandum further states, “Community Planning cannot support the rezoning request due to fundamental conflicts with the land use and land development policies of the 2019 GP for the Purcellville JLMA Rural Neighborhood Place Type.”

The memorandum recommended the developer go to the Town of Purcellville to apply for an annexation/boundary line adjustment if they wanted to continue to pursue their proposal. The proposal would ultimately then be subject to a vote by Purcellville’s governing body.

In his presentation at the July 9 town council meeting, Town of Purcellville Town Planner Jordan Andrews said multiple times, “That application has not been denied.” Andrews was referring to the developer’s rezoning proposal with the county.

Loudoun County Senior Planner Rachael Iwanczuk said the project hasn’t been resubmitted by the applicant. “We are still waiting for additional submissions by the applicant. The applicant is waiting to see what happens with annexation [into the town] before they resubmit [with the county].”

Andrews also said the difference between the county’s and the town’s application is that “the county application has the Northern Collector Road.”

Given the improbable viability of the project’s rezoning at the county level—the Northern Collector Road would unlikely be an issue. 

Both the county and the town have yet to take the Northern Collector Road off of their respective transportation plans, despite repeated efforts from Council Members Chris Bertaut, Carol Luke and the Purcellville Planning Commission. 

Each time a motion by Council Member Chris Bertaut was made to take the Northern Collector Road off the Town of Purcellville’s Town Wide Transportation Plan, the motion failed with Mayor Stan Milan, Vice Mayor Erin Rayner, and Council Members Caleb Stought, Mary Jane Williams and Kevin Wright voting against it. 

Stought has said that he first favors a traffic study, even though a traffic study was not done to put the NCR on either the town or county plans. 

If the applicant should proceed with their rezoning request in the county, it would be difficult to achieve their desired density. It is uncommon to have one big communal septic system for the site, and the feasibility would depend on the appropriate soil type—and could diminish density. 

If each proposed parcel were to have its own individual well and septic system, this too would be a challenge, as it could decrease the proposed industrial density. This situation assumes that the Board of Supervisors would vote to approve such a rezoning request for a JLMA-3 property.

If the property is annexed into the town, the applicant is planning on 1,274,892 sq.ft. of M-1 industrial uses like long-term storage, according to a May 6, 2024 memo from Michael Romeo, Senior Land Use Planner with Walsh Colucci Lubeley & Walsh PC.

Upon a potential annexation, the applicant is seeking any by-right uses, and any uses permitted by special exception or special use permit. The allowed building height would be 45 ft, and up to 60 ft.—if at least 100 ft. from any lot line.

In a memo dated Aug. 24, 2023, VDOT told the applicant to correct the lower figure they were using of 3,537 weekday vehicle trips to 4,297 weekday vehicle trips for the proposed site. However, in an updated memo dated April 5, 2024—VDOT along with the design originator changed the number of weekday vehicle trips back to 3,537 “using the equation from the 11^th edition of ITE and is also consistent with the approved scope.”

The 2030 Town’s Comprehensive Plan states that the town does not wish to annex additional land. At the July 9 meeting Andrews said, “However the plan describes that should an annexation appear prudent or necessary—several considerations should be taken into account: community input, infrastructure, and costs and benefits, impacts and compatibility.”

Andrews pointed out that the town does not have the water to supply to the Valley Commerce Center should the project be annexed into the town. He said the applicant has expressed a willingness to incorporate an offsite well. Water usage predicted for the site is up to 255,000 gallons per day. But Andrews said the applicant does not envision water usage being that high.

In a May 6, 2024 response letter to Jordan Andrews when asked if the applicant had a plan to offset water uses Romeo responded, “There are currently no plans to offset water usage; however, it is anticipated that the individual businesses may provide bottled water for employees as an amenity, which can help to offset the public water supply.”

Andrews said the applicant has indicated a dedication of right of way “to include widening Purcellville Road for turning lanes on their two primary entrances. They have indicated a willingness to contribute a traffic signal at their primary entrance. 

“Their secondary entrance is currently depicted in their concept development plan, opposite Mayfair Crown Drive. It is a right turn out, right turn in only.”

Andrews said the applicant has “additionally indicated they’re willing to include enhancements to signaling at Hirst and Hatcher.”

Justifying her support of continuing the annexation processes, Vice Mayor Erin Rayner said that if the Valley Commerce Center project were to go back to the county for a potential rezoning and they approve it, “what can go in? We are not in control anymore.”

The property—which is in the county—is already “controlled” through county zoning, which is one house per three acres and is in character with the rural nature of Purcellville. If the town should annex it and “control” it—the density would increase to 1,274,892 sq.ft. of industrial usage.

Council Member Chris Bertaut said the JLMA-3 use on the property is pertinent “because annexation would have to be approved by the majority of the citizens in the town.”

Mayor Stan Milan said that two years ago, when Kuhn presented his proposal to town and county residents, “the residents said they did not want houses on the property and now they do. “Now it’s flipped to say houses—so next month it might be put horse ranges or put airports.”

 At the July 23 Town Council Work Session, numerous speakers said they did not support the annexation, and urged council to support the by-right use on the property of 39 homes. 

Pasquale DiBari said the annexation of Valley Commerce Center would open a Pandoras box. He did not want Ashburn to extend into Purcellville. “We moved to a rural area,” and he said the JLMA protects Purcellville’s small-town charm.

Audrey Young said the proposed business park isn’t supported by Purcellville’s Comprehensive Plan. “Citizens don’t want annexation,” she said.

Developer Casey Chapman said he supports the proposed industrial complex and the town needs to “incorporate new ideas.”

Council Member Carol Luke said the JLMA-3 should be maintained. Council Member Chris Bertaut said, “There is really very little taste out there for the annexation that is currently before this town council.” He asked why there was “so little consideration to what the citizen’s want?

“Foisting an annexation proposal into the hands of the town’s administration, does nothing to ensure that a majority of our town’s citizens have been heard on this matter,” he said. 

Regardless, the council majority voted to direct staff to enter into private discussions “with the applicant to draft a Memorandum of Understanding pertaining to, but not limited to, issues associated with water sources, usage modeling, and traffic studies for the purpose of determining whether or not to continue with the application in the Annexation Process.”

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This article has been updated to reflect the final accurate weekday trips according to VDOT and the design originator of 3,527.