Home » Government »News » Currently Reading:

Clarifying Supervisor Clarke’s Newsletter

March 6, 2013 by Blue Ridge Leader filed under Government, News 1 Comment
janet_clarke

In February, Supervisor Janet Clarke (R-Blue Ridge) sent out a newsletter to correct “false information” being circulated about the Purcellville Urban Growth Area Management Plan (PUGAMP) – a 50-year plan, recently abolished, which gave the town and the county joint control over lands surrounding Purcellville. The newsletter did not provide details about the misinformation, but, offered to provide facts and invited readers to contact Clarke, the other supervisors, county staff or Purcellville Town Council members “to verify these facts or to get further information.”

Unfortunately, as laid out below, research of county and state documents indicate that Clarke’s newsletter is not exactly accurate in all points. This is important because while Ms. Clarke favored elimination of PUGAMP, others saw the elimination of PUGAMP as a threat to the rural zoning around Purcellville.

“Four of the seven incorporated [Loudoun towns] have a Joint Land Management Area [JLMA] around them …”

True. The four towns are Leesburg, Purcellville, Round Hill, and Hamilton. (Loudoun County Revised Comprehensive Plan)

“… and a couple that have gotten rid of their JLMA’s and agreements.”

It is not clear to what agreements Clarke refers. Lovettsville is the only town that completely eliminated its JLMA. This occurred during the county’s 2000-01 comprehensive planning process. Hamilton reduced, but did not eliminate, its JLMA in September 2000. Middleburg and Hillsboro have, for decades, declined to establish an Urban Growth Area or JLMA. (Loudoun County Revised Comprehensive Plan; Loudoun County On-Line Land Application System)

“Purcellville happens to be just one others Town, in agreement with the County, that has voted to eliminate their planning document and annexation agreement.”

False. “Only Purcellville and the County have jointly adopted plans.” Thus, Purcellville is not “just one other Town” following a precedent established by the other towns. Although Hamilton and Lovettsville reduced or eliminated their JLMAs, it does not appear that the elimination of a plan accompanied those changes. The Leesburg Annexation Agreement with the County – the only other annexation agreement in recent history – remains. (Loudoun County Revised Comprehensive Plan).

“In doing so, development in the JLMA can no longer be developed by Purcellville by their ordinance …”

Not exactly. Neither PUGAMP nor the annexation agreement allowed the town to develop the JLMA; only the owner of a property can develop it. Rather, the documents authorized the town to annex properties within the JLMA by ordinance instead of through the state-mandated annexation or boundary-line adjustment process. (Annexation Agreement; PUGAMP).

“… and instead the County becomes the lead governing body …”

False. Under the annexation agreement between Purcellville and the county, the county is the lead governing body within the JLMA prior to annexation with two exceptions – subdivision applications and rezoning applications filed concurrently with a request for annexation. (Annexation Agreement)

“… and annexation can only occur under the terms of VA State Code.”

True, with a caveat. Annexation is not the only option for changing the town’s boundaries. The county and town could undertake a boundary line adjustment or negotiate another annexation agreement. Further, the town could also “petition the Commission on Local Governments (CLG) for an order establishing its rights to annex territory by ordinance under specified agreement terms.” (Virginia Municipal League; Virginia Department of Housing and Community Development)

“This will make all annexation applications have to go through the Circuit Court …”

True with a caveat. Annexation applications are submitted to the Circuit Court, but decided by a special three-judge panel convened by the Virginia Supreme Court. Boundary-line adjustments are submitted to and judged by the Circuit Court. Caveat: Agreements Defining Annexation Rights (ADARs) do not receive court review. They are reviewed by the CLG. (Virginia Municipal League)

“… a more protective process.”

True with a caveat for boundary line adjustments. Annexation applications are reviewed by the” Commission on Local Governments and a special three-judge panel. The panel considers an extensive list of criteria to decide “the necessity for and expediency of the proposed annexation.” Caveat: Towns and counties typically agree on boundary line adjustments prior to submitting the request to the Circuit Court. Where both governing bodies agree, the only decision before the court is whether the town and county submitted proper paperwork and complied with mandated advertising requirements. (Virginia Municipal League)

“The Joint Policies Review Committee voted to get rid of PUGAMP and the Annexation Agreement and will be holding a meeting to hear from County staff regarding whether it is recommended to eliminate JLMA as well.”

There are two separate aspects of the JLMA – planning and zoning. For planning purposes, the JLMA defines the boundary of a town’s growth, specifically the limits of town water and sewer extension. The elimination of PUGAMP and the Annexation Agreement eliminates the JLMA as a planned urban growth area for Purcellville. However, properties within the JLMA also carry a JLMA zoning designation. This designation determines allowable uses, maximum densities, and requirements of development. The decision before the Board of Supervisors does not eliminate that designation. (Loudoun County Staff)

“I have been told by County staff that this is a complicated process and which could negatively affect the zoning in existing residential developments in the JLMA, so it may not make sense to get rid of the JLMA.”

It depends. If the intent is to rethink all of the aspects of the current zoning — allowable uses, maximum densities, yard buffers, etc. – then yes, this is a complicated process with possible unintended consequences. If the intent is simply to change the designation used (say from JLMA to TR) without changing the underlying requirements, not so complicated. Any such effort along that continuum would require a Zoning Ordinance Amendment (ZOAM). Such amendments can take from six to 18 months (or longer) depending on the level of complexity. ZOAMs often accompany CPAMs and are frequently processed concurrently. (Loudoun County Land Use Regulations; Loudoun County On-Line Land Application System)

“The last time a JLMA was eliminated was in 2003 when the County did an overall County rezoning.”

False. The last time a JLMA was eliminated was in 2001 as part of the Comprehensive Plan review. (Loudoun County Revised Comprehensive Plan)

“This took close to three years …”

False. The Comprehensive Plan Review began in January 2000 and was completed in July 2001. The elimination of the Lovettsville JLMA was only a small portion of this overall effort. (Loudoun County Revised Comprehensive Plan)

“…and the JLMA that was eliminated was Middleburg’s.”

False. Middleburg has never had a JLMA. (Loudoun County Revised Comprehensive Plan)

“We will take this item up in our next JPRC meeting.”

Problematic. The Joint PUGAMP Review Committee (JPRC) was established as part of the Annexation Agreement. Termination of the agreement will terminate the JPRC; continuation of the JPRC would either require an amendment to the motion terminating the JPRC or a separate Board action. (Annexation Agreement)

“… and has to be approved by both governing bodies in order for a property owner to be brought into the Town.”

False. Joint approval is only typically required for boundary line adjustments. In the case of annexations the decision is made for town, county, and landowners by the special three-judge panel. Where a town petitions the CLG for an order establishing its rights to annex by ordinance, the CLG makes the decision, although the county can appeal a CLG decision in the courts. (Virginia Municipal League)?“This is also a lengthy public process.”?It depends. Annexations and CLG petitions are typically lengthy. Boundary line adjustments can occur quite quickly. The 2004 boundary line adjustment between the County and the Town of Round Hill was completed in two months. (Loudoun County On-Line Land Application System).

1 comment

  1. Tim says:

    Bravo for speaking the truth. Something that our BOS is unable to do !!

Comment on this article


By commenting, you agree to abide by our Terms of Service.


 

 

 

 

 

 

Columns

The Holocene Climate

noerpel_new

(Public Input Loudoun County Board of Supervisors, 7 March, 2017) Figure 1 shows the climate variation over the last million years. The low points on the curve correspond to ice ages when glaciers up to a mile thick covered New …

Choosing To Forgive

moore-sobelnewmug

By Samuel Moore-Sobel “Truly forgiving is the ability to say, ‘Thank you for giving me that experience.’” James Arthur Ray vaulted into fame on the Oprah Winfrey Show back in the mid-2000’s. Stunned hearing these words while watching The Rise and …

Five Key Retirement Questions

Smith0035

Beyond asking yourself where you see yourself and even what your lifelong goal are, effective retirement and longevity planning begs some very big questions. Review the points below and consider how housing, transportation and health considerations all play a role …

Work Woes

drmikenewpic

By Michael Oberschneider, Psy.D. Dr. Mike, I’m a manager at a large tech company and my boss has directed me to fire someone on my team, but as a Christian, I just can’t do it. It’s true that the employee …

Joy or Suffering

Lunde new

By Mary Rose Lunde No one likes to suffer. When given the chance, many people would choose to laugh rather than cry, to sit in silence with their friends rather than talk through their feelings, because not even their friends …

Wage Radio

wage

I will always remember – very fondly – the first time I ever set foot on the property at 711 Wage Drive Southwest in Leesburg, Virginia. It was a warm, sunny July morning in 1997, and I’d driven all the …

Speaking Truth to Power

noerpel_new

“With public sentiment nothing can fail. Without it nothing can succeed.” Abraham Lincoln On Thursday evening, February 23, I requested the Board of Supervisors pass a proclamation resolving to support the March for Science on Earth Day, April 22 [1]. …

Student News

Congratulations, Class of 2016

6 Jul 2016

grads_woodgrove

Woodgrove High School’s Class Of 2016 Graduation – By Amanda Clark On June 16, Woodgrove’s Class of 2016 was the 5th graduating class to walk the stage and accept their diploma. The ceremony was filled with anticipation as the chorus, …

(Be the first to comment)

Buckland Earns Degree In Medicine

6 Jul 2016

buckland

Molly Buckland, D.O., graduated from the West Virginia School of Osteopathic Medicine with a degree of Doctor of Osteopathic Medicine on May 28. While at WVSOM, Dr. Buckland received the Dr. Roland P. Sharp President’s Award and the James R. …

(Be the first to comment)

Adams Promoted To Lieutenant

6 Jul 2016

adamspromoted

Lt. James Adams, from Sterling and a Potomac Falls Halls Graduate, earned the promotion to the rank of Lieutenant. Adams is a Navy Week and Executive Outreach Planner for the Navy Office of Community Outreach in Millington, Tennessee. U.S. Navy …

(Be the first to comment)

Calendar

March 2017
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
February 27, 2017 February 28, 2017 March 1, 2017 March 2, 2017 March 3, 2017

LAST HAM STANDING COMEDY IMPROV

LAST HAM STANDING COMEDY IMPROV
March 4, 2017

Notaviva Vineyards - Bluegrass Jam - FREE event

Notaviva Vineyards - Bluegrass Jam - FREE event
March 5, 2017
March 6, 2017 March 7, 2017 March 8, 2017 March 9, 2017 March 10, 2017 March 11, 2017 March 12, 2017
March 13, 2017 March 14, 2017 March 15, 2017 March 16, 2017 March 17, 2017 March 18, 2017

Wine & Chili Weekend

Wine & Chili Weekend
March 19, 2017

Joshua Carr River Safety Foundation Rummage Sale

Joshua Carr River Safety Foundation Rummage Sale
March 20, 2017 March 21, 2017 March 22, 2017 March 23, 2017 March 24, 2017

March Fourth Friday

March Fourth Friday
March 25, 2017 March 26, 2017

Spring Brunch

Spring Brunch

Spring Brunch

Spring Brunch
March 27, 2017 March 28, 2017 March 29, 2017 March 30, 2017 March 31, 2017 April 1, 2017

”Homage to Mother Earth”

”Homage to Mother Earth”

Nebbiolo Vertical Tasting

Nebbiolo Vertical Tasting

Notaviva Vineyards - Bluegrass Jam - FREE event

Notaviva Vineyards - Bluegrass Jam - FREE event
April 2, 2017

”Homage to Mother Earth”

”Homage to Mother Earth”

GALLERY COFFEEHOUSE: Readers Theater, “One Slight Hitch”

GALLERY COFFEEHOUSE: Readers Theater, “One Slight Hitch”
Current Print Issue:
Sign up for our email newsletter:

Recent Comments

  • David on Protecting Free Speech: Constitutionally protected speech is exactly what it sounds like, protected. We all have the legal right to utter nonsensical and...
  • Martha on Protecting Free Speech: Free speech is not a cherished right at the not-quite accredited Patrick Henry College, a religious school that Del. LaRock...
  • Martha Polkey on First Look at Envision Loudoun Results: It remains to be seen whether the direction citizens have provided to the Envision process is actually incorporated into the...
  • David on Protecting Free Speech: Mr. LaRock, I assume that the only reason you weren’t at every School Board meeting in 2005 passionately defending the...
  • LongTimePville on Purcellville Emergency Meeting Postponed to March 10: I bet Kelli Grim flip flops on her conflicts of interest and transparency campaign she ran on and does not...

Steady and NoBull

Lifestyle

Loudoun Workforce Resource Center Presents STEM Career Fair March 28

16 Mar 2017

Illustration of STEM education word typography design in orange theme with icon ornament elements

Anyone interested in a career in the rapidly growing field of STEM (Science, Technology, Engineering and Math) is encouraged to attend an upcoming STEM Career Fair in Loudoun. The Loudoun Workforce Resource Center, in partnership with Northern Virginia Community College (NVCC)’s Loudoun campus and NOVA SySTEMic Solutions, is holding a STEM Career Fair Tuesday, March 28, from 1:00 to 4:00 …

(Be the first to comment)

Keep Loudoun Beautiful—Greater Lovettsville Area Volunteers Needed

16 Mar 2017

Lovettsville Boat Launch 7-26-09

The Keep Loudoun Beautiful spring clean-up takes place the entire month of April and greater Lovettsville needs volunteers. Bags, vests, gloves and grabbers are available at the Lovettsville Community Center during normal business hours, Monday-Friday. This is a great group or individual activity that can be scheduled around your availability. E-mail Lovettsville Area Leader, Laura Lieberman, for details and to …

(Be the first to comment)

National Awkward Moments Day

8 Mar 2017

awkward

?Laughing at Yourself Is the Best Medicine No one knows who invented National Awkward Moments Day, Saturday, March 18. That’s no surprise, since it probably came about as the result of one stunningly awkward moment that the owner of that moment was hoping to forget. We surveyed our readers and friends to ask them about their most awkward moments, sharing …

(Be the first to comment)

Around Virginia

Protecting Free Speech

Dave_larock

By Dave LaRock (R-33) As elected officials and members of the legislature, our most fundamental responsibility is to protect God-given constitutionally protected rights. The First Amendment of the United States Constitution prohibits the government, including governmental public colleges and universities, from infringing on free speech and the free exercise of …

(3 comments)

Walbridge To Run for State Delegate in the 33rd District

Tia walbridge

Tia Walbridge announces her run for the District 33 seat in the Virginia House of Delegates. Walbridge is a wife and mother of two daughters and an active member of the Round Hill community. “Like many people in our district, my family has found its prosperity in a Virginia-based small …

(Be the first to comment)

Office Building on Capitol Square To Be Named After Civil Rights Pioneer Barbara Johns

image002

Governor Terry McAuliffe announced that the newly renovated state building located at 202 N. 9th Street on Capitol Square in Richmond (currently known as the 9th Street Office Building) will bear the name of civil rights pioneer Barbara Johns. The building, which reopened last year, houses the Virginia Attorney General’s …

(Be the first to comment)

Sports

Vikings Runner-Up at the State Championship 

8 Mar 2017

vikings

The Loudoun Valley Vikings are the boy’s runner-up at the VHSL 4A State Indoor Track and Field Championships at Roanoke College.  During the 2015-2016 school year, the Loudoun County School Board approved Indoor Track and Field as a Tier 2 (self-funded) sport.  The seven boys competing scored 48 points, second …

(Be the first to comment)

WLVBC U14 Boys Finish 3rd at VA Beach Event

23 Feb 2017

WLVBC300

The Western Loudoun Volleyball Club’s U14 Boys Team garnered 3rd place in their first travel tournament of 2017, the Virginia Beach Invitational. This event was held Feb. 18-19 and featured more than 24 teams from the U14 to U18 age group. The team was second on their net on day …

(Be the first to comment)

Archives

  • +2017
  • +2016
  • +2015
  • +2014
  • +2013
  • +2012
  • +2011
  • +2010
  • +2009