TOWN OF LEESBURG
NOTICE OF PUBLIC HEARING
INTENTION TO APPROVE VOLUNTARY SETTLEMENT AGREEMENT
REGARDING ANNEXATION ISSUES AND RELATED MATTERS
Pursuant to Virginia Code §§ 15.2-1427 and 15.2-3400, notice is hereby given that the Town Council of the Town of Leesburg, Virginia, intends to approve the proposed Voluntary Settlement Agreement between the Town of Leesburg, Virginia and the County of Loudoun, Virginia, with a technical amendment to Section 7 discussed below, and will hold a public hearing on:
Tuesday, May 28, 2024, at 7:00 P.M.
in the Council Chambers of Town Hall,
25 West Market Street, Leesburg, VA
at which time the public shall have the right to present oral and written testimony on a proposed ordinance to approve this agreement.
Descriptive Summary of the Voluntary Settlement Agreement
The Voluntary Settlement Agreement provides for the annexation of approximately 402.8315 acres of unincorporated territory into the Town commonly referred to as Compass Creek, including: Parcel Identification Nos. (“PIN”) 234-29-4515 (Realty Income Properties 18 LLC); 234-29-0522 (CC Outparcel LC); 234-37-8457 (Toll Road Investors Partnership II LP); 235-29-7431 (Microsoft Corporation); 234-38-2603 (SI NVA06A LLC); 234-19-2469 (Leesburg Commercial LC); 234-39-2601 (Walmart Real Estate Business Trust); and the dedicated right of way for Compass Creek Parkway. The Agreement provides for the Town to obtain consent from the property owners who will be annexed into the Town.
The Voluntary Settlement Agreement addresses certain other matters related to the annexation of Compass Creek. With respect to utilities, the Agreement provides that the Town will provide water and sewer service to Compass Creek. The Agreement provides that Microsoft will retain the option to use Loudoun Water for future phases of development. The Agreement establishes the Economic Development Incentive Program (“EDIP”), under which the Town will not charge the out-of-town water and sewer rate surcharge for County residents who receive service from the Town, or each year that the County makes an annual EDIP payment to the Town. The Agreement will also limit the Town’s ability to seek city status for a period of 25 years after the lifting of the moratorium in Virginia Code § 15.2-3201. The Agreement will also limit the filing of any future annexation by the Town for a period of 25 years.
The Virginia Commission on Local Government issued its report, dated April 30, 2024 and titled “Report on the Town of Leesburg-Loudoun County Voluntary Settlement Agreement” (the “CLG Report”). The CLG Report recommended approval of the Agreement with a technical amendment to Section 7 clarifying that the limitation on the Town’s ability to seek city status will begin to run upon the lifting of the moratorium, regardless of the manner in which it is lifted.
A copy of the full text of the Voluntary Settlement Agreement is on file with the Clerk for the Circuit Court for Loudoun County, located at 18 East Market Street, Leesburg, Virginia 20176, between the hours of 8:00 A.M. and 4:30 P.M. Monday through Friday. Copies of the proposed ordinance, the Voluntary Settlement Agreement, and the CLG Report are also available for inspection at the office of the Town Clerk, located in Town Hall, 25 West Market Street, Leesburg, Virginia, during normal business hours (Monday-Friday, 8:30 a.m. to 5:00 p.m.); or by calling Eileen Boeing, Town Clerk, at 703-771-2733.
At this hearing, all persons desiring to express their views concerning these matters will be heard. Persons requiring special accommodations should contact the Clerk of Council at 703-771-2733, three days in advance of the meeting. For TTY/TDD service, use the Virginia Relay Center by dialing 711.