May 2006

Jim Clem Explains the History of Land Planning

As the Leesburg District Supervisor, former Mayor of the Town of Leesburg and one who has served
several years on the Leesburg Planning Commission, I have gained an understanding of the land
development process and have some knowledge about Leesburg and Loudoun County boundary issues.
I supported concurrent processing of The Peterson Companies' rezoning and comprehensive plan
amendment applications (Crosstrail) that was approved by the Board of Supervisors (BOS) on May
16th because the process made good sense.

I also support keeping the public informed of what has happened in the past, what is happening
now, and what should be expected in the near future. To that end I have written this letter.

History & Background
The Town of Leesburg turned its back on the Joint Land Management Area (JLMA) years ago. When it
comes to the issue of who should control the Crosstrail area, the Leesburg Town Council had the
opportunity to include the entire Urban Growth Area (UGA), the former name of the JLMA, from
Route 15 to Route 7, north of Sycolin Creek. In 2001, the Leesburg Town Council did not object
when the prior Board of Supervisors (BOS) reduced the town's UGA from Route 15 to the Dulles
Greenway, thereby removing at least half of the county territory that could have been included
in the town’s future growth area. The Leesburg Town Council also did not object when the prior
BOS completed the purchase of 460 acres of the Shellhorn property located east of the town's
airport for unspecified governmental purposes without a public hearing, thereby depriving the
town of the very heart of the town's office and industrial growth area south of Leesburg.
Despite the current Town Council's rhetoric concerning the alleged loss of future town tax base
from planned office development, the most recent Leesburg Town Plan encourages the development
of the regional park known as the Phillip A. Bolen Park, on the very same land that was for many
years planned for Leesburg keynote employment uses.

I have always supported annexation or a boundary line adjustment (BLA) of the entire Leesburg
UGA area from Route 15 to Route 7. That opportunity has passed since the prior Board of
Supervisors reduced the UGA. I do not support the current Leesburg Town Council's cherry
picking of properties for annexation or BLA. It seems after all of the discussion about the
Crosstrail property, the Town Council does not want to engage in a planning discussion about
Crosstrail but merely wants to dictate planning policy on county-governed land.

Also, after the July 23, 2001 approval of the Revised General Plan, the BOS has amended the
County's General Plan to allow utilities by the Loudoun County Sanitation Authority (LCSA) in
the transition area that includes a portion of the Crosstrail Property. Since the LCSA may serve
both the Leesburg JLMA and the transition area and the town may only serve the JLMA, it only
makes sense for the LCSA to serve the Crosstrail property and adjacent portions of the
transition area with one sewer line and one water line. This action alone would save town
taxpayers millions of dollars.

It is worth noting that only the LCSA may serve the Crosstrail property and other contiguous
transition area properties that are located in Loudoun County such as Crosstrail. The Revised
County General Plan states in general that rural towns with central utility systems will
generally be the providers of utilities in each town's JLMA, unless another provider is
available and is agreed upon.

The Current & Changing Situation
All rezoning applications have a one-year statutory timeline that requires the BOS to act within
one year of acceptance of the application. The one-year timeline for action by the BOS on the
Crosstrail application expired in April 2006, affording the Crosstrail applicant a legal right
to force the BOS to act on the rezoning application.

In an effort to move the Crosstrail application along in accordance with state requirements,
the LCPC scheduled the rezoning application for a public hearing on June 19, 2006. Since The
Peterson Companies’ plan amendment and rezoning (two applications) pertains only to the
Crosstrail property, the LCPC Chairperson requested that the BOS hear the plan amendment and the
rezoning at the same time. The BOS accommodated the request of the LCPC for concurrent
processing of the two Crosstrail applications.

With respect to the location of the town and county boundary, the Leesburg Town Council has
formally requested the Board of Supervisors to agree to a Boundary Line Adjustment (BLA) of “only” the Crosstrail property. The Leesburg Town Council has not formally requested any BLA or annexation of any other portion of the town/county Joint Land Management Area (JLMA) that extends from the Dulles Greenway to Route 7 north of Sycolin Creek or any other properties that the Town of Leesburg owns located in the county, such as Veteran’s Park on the Potomac River.

After two joint meetings with all members of the BOS and the Leesburg Town Council, two public
meetings before the Leesburg Town Council, a meeting before the town planning commission and
several presentations at various local public school sites, the Leesburg Town Council claimed it
has not been involved in the planning process. They then passed a resolution opposing the
Crosstrail development and requesting a BLA of the Crosstrail property. The Leesburg Town
Council has not yet indicated that it intends to annex or BLA any other portion of the Leesburg
JLMA, just Crosstrail. The Town Council has not yet indicated whether it plans to annex or BLA
the Phil Bolen Park property, the property of the Hunter/Dowdy Trust, the Cangiano property or
other smaller parcels within the Leesburg JLMA.

Just recently, some members of Leesburg Town Council objected to inclusion of the Festival Lakes
Property that has been planned to be included in the town since 1982.

The Town of Leesburg has not indicated that it plans to annex or BLA any other areas of the Town
of Leesburg’s JLMA which would have to be traversed by a town sewer line.
 
Supervisor Tulloch has pointed out that the Peterson Company has stated they do not wish to be
included within the Town of Leesburg. Judging by the exorbitant utility rates charged by the
Leesburg Town Council for properties outside of the town, one can certainly understand the
Peterson Company point of view. Additionally, since consent by the affected landowner is a
prerequisite and requirement for annexation under the Revised General Plan and since the
Leesburg Town Council has indicated it will only extend utilities to annexed properties; it
makes little sense to consider Leesburg Town utilities for the Crosstrail property.

Supervisor Snow may very well have been correct in his statement quoted in an earlier article
when he said “I don’t think Leesburg wants to expand.”

The Foreseeable Future
The BOS planning process has delayed review of the Crosstrail CPAM for nearly two years. The
state timeline for action upon the Peterson Company’s zoning application requires the BOS to
move Crosstrail forward. Concurrent processing of a plan amendment and a rezoning request has
often been accomplished in the Town of Leesburg and other neighboring jurisdictions. It makes
eminent sense for the Crosstrail application to be processed that way as well.

In the Town of Leesburg, plan amendments often track along with rezoning applications for
individual properties. The Town of Leesburg concurrently processed a plan amendment and
rezoning last fall when it approved the KSI Village at Leesburg. The Crosstrail property is a
good candidate for concurrent processing of plan amendment and rezoning applications. The
property is located outside of the Town of Leesburg separated from the Town by two
grade-separated interchanges (that are currently under construction), as well as the Dulles
Greenway on the west and the Leesburg Executive Airport on the east. The Crosstrail plan
amendment and zoning proposal stands by itself, including all elements of a self-sufficient
community, such as employment uses, retail, housing, recreation, road improvements, and a free
elementary school site.

The County of Loudoun will work closely with both federal and state Departments’ of Aviation to
ensure that Crosstrail does not impact present activities or the future use of the Leesburg
Airport. Documents provided to date reaffirm that this application will have no adverse impact
to the airport; rather it should enhance the economic growth and viability of its existence.

Unlike the area around Purcellville, the land around the Town of Leesburg is governed solely by
the County of Loudoun. The Leesburg Town Plan includes for town planning purposes, the land
outside of the town boundaries, but the Town of Leesburg has no authority over land beyond its
borders.

It is appropriate for the Loudoun County Planning Commission (LCPC) to determine the process for
real property located in the county, outside of the Town of Leesburg. The Loudoun County
Director of Planning asked the BOS for direction on May 16th on how to process Crosstrail's two
applications. The BOS determined that concurrent processing of the applications, which worked
well in the Town of Leesburg, would work well for the Crosstrail applications.

As always, the BOS will continue to listen to the concerns of the Town of Leesburg about
development within its JLMA. However, unlike the lands within Purcellville Urban Growth Area
Management Plan (PUGAMP), the final decision concerning land use of the Crosstrail property
rests solely with the BOS. Loudoun County has not ceded its planning and zoning authority to the
Town of Leesburg. Accordingly Leesburg Today was correct to note that the county will "proceed
alone" on the Crosstrail CPAM. County planning and zoning process requires that it do so.

The Promise
However, it is not correct to assume that the concerns of Leesburg residents will "fall on deaf
ears.” Leesburg residents can rest assured that all laws applicable to the Crosstrail plan
amendment and rezoning application will be followed. This is not going to be another Shellhorn
or Fields Farm action where-by the towns were unaware of the actions of the prior BOS and the
towns had no voice. The County Planning Commission Chairperson has already extended an
invitation to the Leesburg Planning Commission to participate in the public hearings as well as
the county work sessions for the Crosstrail applications to insure that Leesburg citizens do
have representation and a voice in the process. That has been their plan from the beginning.
The Planning Commission and BOS have not wavered from their plan to include the Leesburg
Planning Commission in the deliberations.

Jim Clem
Leesburg Representative
Loudoun County Board of Supervisors