HomeMy Public PortalAbout2019_11_26_R182 Adopting a Boundary Line Agreement (BLA) for Portions of Compass CreekThe Town of
Leesburg,
Virginia
PRESENTED:
RESOLUTION NO. 2019-182 ADOPTED:
November 26, 2019
November 26, 2019
A RESOLUTION: ADOPTING A BOUNDARY LINE AGREEMENT WITH LOUDOUN
COUNTY FOR PORTIONS OF COMPASS CREEK PURSUANT TO
CODE OF VIRGINIA § 15.2-3106 et seq.
WHEREAS, the Leesburg Town Council approved Resolution No. 2018-117 on
September 11, 2018, amended through October 15, 2019, initiating a voluntary boundary line
agreement between the Town of Leesburg, Virginia, ("Town") and the County of Loudoun,
Virginia ("County") pursuant to Va. Code 15.2-3106 et seq. to incorporate a portion of the area
located to the south and east of the Town's limits called the Joint Land Management Area
("JLMA") identified in the Resolution as Area 1A and which encompasses the Compass Creek
commercial development ("Compass Creek");
WHEREAS, incorporation of Area 1 A of the JLMA is contemplated by Chapters 6 and 10
of the Town Plan in that the JLMA is designated as an area for Town growth and an area where
properties will be incorporated into the Town limits;
WHEREAS, during discussions between Town officials and Loudoun County officials to
negotiate the BLA, County officials informed Town officials that the Board of Supervisors of
Loudoun County (BOS) would agree to a BLA only if the affected property owners gave written
consent to incorporation into the Town;
WHEREAS, since Resolution No. 2018-117 and discussions with the BOS, Peterson
Companies, a large property owner within Area 1A sent a conditional letter of consent to the Town
agreeing to a BLA for parcels and portions of parcels owned Leesburg Commercial LC and CC
Skating, LLC, dated October 30, 2019;
-2-
A RESOLUTION: ADOPTING A BOUNDARY LINE AGREEMENT WITH LOUDOUN
COUNTY FOR PORTIONS OF COMPASS CREEK PURSUANT TO
CODE OF VIRGINIA § 15.2-3106 et seq.
WHEREAS, upon obtaining earlier versions of the conditional letter of consent, the Town
Manager sent a formal letter to the County Administrator dated October 1, 2019, requesting a BLA
of the properties and portions of properties where consent was obtained, as well as two entire (2)
parcels owned by the Town adjacent to these properties and the current Town boundary;
WHEREAS, as a result of the Town Manager's formal letter of request, the BOS initiated
a BLA pursuant to Code of Virginia § 15.2-3106 et seq. on October 17, 2019, held the required
public hearing on November 13, 2019, and deferred adoption of the BLA until Town Council
adopts the BLA;
WHEREAS, the proposed BLA was drafted by both the offices of the Town Attorney and
County Attorney;
WHEREAS, a public hearing occurred advertising Council's consideration of the proposed
BLA for two (2) consecutive weeks as required under Code of Virginia § 15.2-3107;
WHEREAS, letters have been sent by the Town and the County to the affected property
owners notifying them of the public hearing as required under Code of Virginia § 15.2-3107;
WHEREAS, incorporation of properties affected by the BLA is in the best interests of the
property owners as evidenced by their written consent; and
WHEREAS, incorporation of properties affected by the BLA is in the best interests of
Town residents because Area 1A is and will be zoned for both commercial and industrial uses and
will generate additional tax revenue to the Town with a relatively low cost to provide services by
the Town;
-3-
A RESOLUTION: ADOPTING A BOUNDARY LINE AGREEMENT WITH LOUDOUN
COUNTY FOR PORTIONS OF COMPASS CREEK PURSUANT TO
CODE OF VIRGINIA § 15.2-3106 et seq.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The conditions set forth in Peterson Companies' written letter of consent
dated October 30, 2019, will be considered and decided by the Town Council at the appropriate
time and after the Town Council exercises its legal legislative discretion and authority;
SECTION II. If the Town Council approves the conditions of consent after exercising its
legislative discretion and authority, the proposed, advertised BLA for portions of Compass Creek
is hereby adopted;
SECTION III. In the event the proposed, advertised BLA requires corrections for
scrivener's errors or other minor, non -substantive changes, the Town Attorney is authorized to
make these corrections and/or changes;
SECTION IV. The Mayor is authorized to execute the final BLA on behalf of the Town
Council;
SECTION V. In accordance with Code of Virginia § 15.2-3108, the Town Attorney is
directed to petition the Loudoun County Circuit Court at the appropriate time along with Loudoun
County for approval of the Boundary Line Agreement so long as it remains in a form approved by
the Town Attorney and in accordance with this Resolution; and
SECTION VI. The Town Attorney is authorized to attach a plat to the BLA as requested
by Loudoun County depicting the areas of incorporation instead of the map advertised as part of
the petition filed with the Loudoun County Circuit Court; and
-4-
A RESOLUTION: ADOPTING A BOUNDARY LINE AGREEMENT WITH LOUDOUN
COUNTY FOR PORTIONS OF COMPASS CREEK PURSUANT TO
CODE OF VIRGINIA § 15.2-3106 et seq.
SECTION VII. The Town Attorney is authorized to file and execute any documents,
pleadings and orders necessary to ensure entry of a Court order designating and establishing the
new boundary line.
PASSED this 26th day of November, 2019.
Kelly Bur1I, Micysi
Town of Leesburg
ATTEST:
Clerk of Council
COMMONWEALTH OF VIRIGINIA,
COUNTY OF LOUDOUN, to wit:
I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
Kelly Burk, as Mayor of the Town of Leesburg, Virginia, whose name is signed to the foregoing
Resolution, appeared before me and personally acknowledged the same in my jurisdiction
aforesaid.
�n GIVEN under my hand and seal this '� day of De�n1beI' ,2019.
Notary Public
My commission expires: / 0' 3/- a D 2 3
Registration Number: 703 9 J 4,44/
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LF\LeesburgRMS\Town_Clerk\Resolutions\2019\1126 Adopting a Boundary Line Agreement (BLA) for Portions of Compass Creek