Kershner, Randall pump the brakes on Purcellville annexation

By Valerie Cury 

At the Sept. 17 Board of Supervisors Business Meeting, County Administrator Tim Hemstreet sought direction from the Board regarding a potential annexation request from the Town of Purcellville. Chuck Kuhn’s project known as Valley Commerce Center, is requesting annexation into the Town of Purcellville. This issue was on the Supervisors agenda as an action item—with staff recommending that the BOS “direct staff, in the event the Town transmits an annexation application to the County, to pursue a voluntary agreement in settlement of annexation with the Town pursuant to §15.2-3400, of the Code of Virginia, 1950 (Virginia Code). This action was deferred until the BOS meeting on Nov. 7.

The process of a negotiated annexation would deviate from a very open, transparent and lengthy annexation process the Town of Purcellville has in place. There was only one time in over the last decade a “negotiated” annexation was used, and that was with the Mayfair annexation because it was a settlement after a lawsuit was dropped. 

Hemstreet explained that “six months ago in March, Town staff [started] sending referral requests to county staff regarding” the proposed annexation into the Town of Purcellville for the Valley Commerce Center. 

“I have been sending responses to these inquiries to the Town staff, taking certain positions on behalf of the County. So in consultation with Mr. Rogers [County Attorney Leo Rogers] we kinda have gotten to a point where we’ve—I’m at the limit of where I’m comfortable doing for the last six months without bringing it to the Board’s attention in a formal setting.”

Hemstreet said he was “just confirming that the Board is supportive of the policy positions that the staff and I have taken with respect to the inquiries we have received from the town staff.”

He said he has no idea if the town will proceed with the action that is in front of them. “I am simply here just to confirm what I have been doing is okay with the Board, and that you’re supportive of the positions that I have taken.”

Hemstreet said he has taken a position “that data center usage should be precluded as part of the agreement.” He also said if the town annexation goes through “there will not be any enclaves created.”

That means if the majority of the Town Council supports the annexation, then “the land that is still in the county, but entirely surrounded by town property—we want to avoid those types of enclaves,” said Hemstreet.

It has already been mentioned by Town staff that if the annexation should occur, then other properties would have to be annexed as well—like the 12.5-acre property which was part of the original property. The parcel contains a barn and house to the former Warner family farm. There are other properties which would also have to be annexed in the vicinity.

The owner of the 12.5-acre neighboring property is one of Mayor Stan Milan’s donors—donating $2,000 to his campaign in August.

Hemstreet said he wanted to make sure that the improvements to Purcellville Road “will be the responsibility of whoever develops the property.”

“If the property is developed, there will be impacts to surrounding properties. So we want to make sure here that proper mitigations will take place,” to make a transition when it is developed, he said.

Said Hemstreet, “The County’s position is if the property owner and the Town are okay with it [the annexation], then the county typically won’t have an objection.”

Catoctin Supervisor Caleb Kershner (R) said, “I was concerned we were stepping forward too quickly.”

BOS Chair at Large Phyllis Randall (D) said, “The motion is not a guidance—it’s to go negotiate.”

Hemstreet replied, “We are getting questions from Town staff—it would be a triparty agreement.” He said the Town has to address the annexation first, then it comes to the Board. “We are kind of saying ‘This is our position on these issues.’

Supervisor Mike Turner (D-Ashburn) said he wanted the County to negotiate.

Kershner asked, “Can we give you direction without putting guard rails on this?”

Hemstreet answered, “How much more general would the motion need to be?”

“Listen,” said Kershner, “I don’t want us to be in the position as we are being pointed as a Board ‘Oh the County is for this.’ “That is not what we are doing. We usually say, ‘Yes this is generally the direction we would give you.’

County Attorney Leo Rogers said, “Annexation needs to be initiated by the Town. So that’s the first thing. This would be to work with the Town staff to determine whether or not an annexation is feasible …”

Kershner said, “So could we just say that we move to just work with the Town staff to see if an annexation is feasible?” Rogers said that is enough guidance to work with.

Kershner acknowledged that the Town has been “talking to you, but is it too early to work with the Town at this point?”

“No, absolutely not,” said Rogers. “We really do need to figure out what it is that they will be doing and an annexation agreement—the terms of an annexation agreement are really important. So those are the things that have to get worked out before the Town even says whether or not they want to go forward with it.” 

Kershner said he wanted to make a motion to “defer this item for now. I don’t believe the Town Council has actually taken action on this. They have taken action to investigate and look at these items. But they haven’t actually taken action to annex.

“I think we are a little bit premature on this. I would prefer taking time for my office to reach out to some of the elected officials to chat with them on this. I think we are putting the cart before the horse to work with them when they haven’t even taken a vote” to move “forth on annexation.”

Turner said, “They are getting calls from Purcellville and they need guidance.”

Randall replied, “I think they are saying they are getting calls from Purcellville staff. We want to make sure that the Purcellville Board is on board with Purcellville staff.  Let the elected officials talk. The Council has not taken a vote yet. 

“What we don’t want to happen is things start getting worked through and then either of the elected bodies … say no, no, we didn’t want that—now everyone’s in an uncomfortable situation.”

Randall said the Purcellville Council has not given the Board guidance. “Can we just hold up until the bodies speak to one another or the Purcellville Town Council takes a vote?”

Action was deferred to the Nov. 7 Board meeting.

Valley Commerce Center Annexation Proposal

The 117.07-acre property is located on Purcellville Road, north of Rt. 7 and northeast of the Town of Purcellville. It is currently zoned Joint Land Management Area -3—one house per three acres, 39 homes. The property is bordered by agricultural production, large residential lot residences, other vacant parcels and residential properties—within the county. 

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. 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.

Loudoun County Planning and Zoning has already weighed in on the applicant’s County proposal to rezone 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.”

Community Planning 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 be subject to a vote by the Purcellville Town Council.

On July 23, 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. 

Council Member Caleb Stought, who is up for reelection, has in the past when discussing the annexation, said that if the property were to be annexed, the Town would be able to control it. He also said that if the Town didn’t annex the property, then there is a risk the County could give the desired industrial zoning to the property owner.

The property is already “controlled” by County zoning of 39 homes and if annexed, the density would increase to allow 1.2 million sq.ft. of industrial. Also, it is unlikely the County would move forward with Kuhn’s desired zoning change at the County level because it does not fit the uses for the area.

The 2030 Town of Purcellville Comprehensive Plan states that the town does not wish to annex additional land and the support and approval of a majority of the town’s citizens is essential before annexation could be considered. Approximately 85% of the surrounding neighborhoods who answered a survey said they are against this annexation. The process the Town is considering regarding annexation is to bypass public input and enter into discussions with the County should the majority of Town Council vote to move forward.