HomeMy Public PortalAbout2020_05_26_R066 Water and Sanitary Sewer Service Extension Approval to Microsoft Phase II ProjectThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2020-066
PRESENTED: May26, 2020
ADOPTED: May26, 2020
A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER
EXTENSIONS TO SERVE A PORTION OF THE PROPERTY OF
MICROSOFT CORPORATION (MICROSOFT PHASE II)
WHEREAS, Microsoft Corporation (the "Applicant") requests approval of Town of
Leesburg, Virginia ("Town") water and sanitary sewer extensions to a proposed project on a parcel
(Parcel Identification Number 235-29-7431-000) (the "Microsoft Property"). The project involves
the second phase of the development of the Microsoft Property ("Microsoft Phase II") for data
centers and administrative uses; and
WHEREAS, Microsoft Phase II is located outside the Town's corporate limits, but within
the Town of Leesburg Joint Land Management Area ("JLMA") and within the Town's water and
sewer utility service area; and
WHEREAS, existing and proposed Town water and sanitary sewer infrastructure are
located in the vicinity of the Microsoft Property. A 16-inch water main is located approximately
1600 feet north of the Microsoft Property and designed to extend south with approved Compass
Creek Development plans. A revision is required on the Compass Creek Development plans to
increase the approved 12-inch water main to 16 inches. A 14-inch lined gravity sewer main
traverses the entire Microsoft Property; and
WHEREAS, existing water and sewer pro-rata agreements under Town Code§§ 34-30 and
34-128 identify the Microsoft Property as a "benefitted parcel" and/or a "named property". The
Applicant, therefore, is responsible for water and sewer pro-rata payments due under the
agreement(s); and
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A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER
EXTENSIONS TO SERVE A PORTION OF THE PROPERTY OF
MICROSOFT CORPORATION (MICROSOFT PHASE II)
WHEREAS, the Town has entered into the Agreement for the Construction of Phase II
Lower Sycolin Gravity Main with the Peterson Companies, dated as of March 24, 2015 (the "2015
Pro-rata Agreement"). This Pro-rata Agreement provides for the Town to share certain
construction costs incurred in constructing sanitary sewer facilities to serve the "Crosstrail
Southern" area, which includes the Microsoft Phase II area; and
WHEREAS, the Town Council adopted Resolution No. 2015-039; dated March 24, 2015,
which designates the Crosstrail (Southern) as a benefitted parcel and assigns certain costs to the
Crosstrail (Southern) property for purposes of future pro-rata payments. The Microsoft Property
is located in the area designated as Crosstrail (Southern); and
WHEREAS, the Town has adopted resolutions establishing pro-rata payments for
properties served by the Route 643 Water Storage Tank project; and
WHEREAS, the Director of Utilities recommends approval of the extensions of Town
water and sewer services for Microsoft Phase II provided the Applicant satisfies the conditions
stated in this Resolution.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Town Council approves the extensions of Town water and sanitary
sewer services to Microsoft Phase II in accordance with§§ 34-25 and 34-123 of the Town Code,
provided the Applicant satisfies the following conditions:
1. Data center infrastructure design and development of the Microsoft Phase II shall not
encroach upon the Town's existing or proposed water and sanitary sewer easements located within
the boundaries of the Microsoft Property.
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A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER
EXTENSIONS TO SERVE A PORTION OF THE PROPERTY OF
MICROSOFT CORPORATION (MICROSOFT PHASE II)
2. The Applicant shall pay the cost of constructing facilities and improvements needed to
connect to the Town's water and sanitary sewer systems to serve Phase II.
3. All Town water and sewer connection fees, water and sewer availability fees, sanitary
sewer and water pro-rata fees and other applicable Public Facilities Permit (PFP) fees for water
and sanitary sewer services shall be paid prior to the issuance of any Building Permit issued by
Loudoun County.
4. For purposes of the water availability fee, the peak daily water demand to the Microsoft
Phase II must not exceed the quantity stated by Microsoft in its table provided to the Town, dated
May 14, 2020.
5. For purposes of the sewer availability fee, the peak daily sanitary sewer flow from the
Microsoft Phase II must not exceed the quantity stated by Microsoft in its table provided to the
Town, dated May 14, 2020.
6. The Town Council must approve or deny any subsequent request, via a Town Council
Resolution, for increased water demand and/or sanitary sewer flow capacities over and above the
quantities set forth in paragraphs 4 and 5 of this Resolution.
7. If at any time the Town receives information that the water demand and/or sanitary sewer
flow for Microsoft Phase II consistently exceeds the amounts set forth in paragraphs 4 and 5 above,
the Applicant or developer shall: (a) seek Town Council approval for increased demand if directed
by the Town's Director of Utilities; (b) pay all additional fees set forth in paragraph 3; and (c) if
directed by the Town's Director of Utilities, obtain and pay for a comprehensive water and/or
sewer model and study that analyzes and defines the impacts to the Town's utility system from the
Town's utilities engineering consultant.
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A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER
EXTENSIONS TO SERVE A PORTION OF THE PROPERTY OF
MICROSOFT CORPORATION (MICROSOFT PHASE II)
8. Previously, the Applicant paid the total sewer pro-rata share assigned to the Microsoft
Property as a "benefitted parcel" in Resolution No. 2015-039 with the Phase I PFP.
9. The Applicant must pay the total water pro-rata share assigned to the Microsoft Property
and as reflected on the final PFP issued by the Town.
10. The Applicant and the Town will enter into a water and wastewater service agreement
that addresses the level of services provided to Microsoft's Phase I and Phase II project and the
conditions of such service. This agreement may address:
a. Average and peak demand for water. Peak water demand limit.
b. Average and peak sanitary sewer flow. Peak sewer flow limit.
c. Water demand and sewer equalization storage onsite was not required for Phase I.
During the design of Phase II, the additional water demand and sewer flow for Phase II provided
to the Town dated May 14, 2020 will be evaluated and determined if Phase II may require
equalization storage onsite.
d. The disposal of water used for commissioning data center facilities by pumping and
hauling.
e. The maximum discharge water temperature limit.
f. Effluent water quality limits; which could trigger pretreatment requirements if exceeded.
g. Planning for potential restrictions on water usage if drought restrictions are imposed on
the Town's water withdrawal permit.
h. Sanitary sewer discharge restrictions during wet weather is not required for Phase I.
During the design of Phase II, the additional sewer flow for Phase II provided to the Town dated
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A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER
EXTENSIONS TO SERVE A PORTION OF THE PROPERTY OF
MICROSOFT CORPORATION (MICROSOFT PHASE II)
May 14, 2020 will be evaluated and determined if Phase II may require sewer discharge
restrictions.
i. Providing for real-time measurements of the sewer flow and Town access to this flow
measurement data.
j. The installation of a flushing device for water quality maintenance purposes near the end
of the water transmission main.
11. The approval of the extensions of Town water and sanitary sewer services to Microsoft
Phase II in accordance with§§ 34-25 and 34-123 of the Town Code is conditioned on and subject
to Microsoft's and Loudoun County's agreement to a Boundary Line Adjustment (BLA) bringing
the entire Microsoft property into the Town boundaries as provided for in the Town Plan.
12. Nothing herein shall be deemed a "holding out" by the Town as the sole, exclusive, or
primary water and sanitary sewer service provider outside of its boundaries in this vicinity, nor
shall it operate as a commitment to provide such services to any party other than the Applicant or
for any purpose other than the purposes stated herein and subject to the conditions stated in this
Resolution. All proposed extensions of water and sanitary sewer service are subject to the
provisions of the Leesburg Town Code and the Leesburg Town Plan.
SECTION II. The Town shall not provide water and sanitary sewer service to the Microsoft
Project/Phase II until all conditions set forth in Section I are met.
SECTION III. The approval of extensions of water and sewer sanitary services for a data center
and administrative uses and accompanying conditions shall apply to any subsequent purchaser of
the parcels listed in this Resolution, and/or successor or assignee of the Applicant, and this
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A RESOLUTION: CONDITIONAL APPROVAL OF WATER AND SANITARY SEWER
EXTENSIONS TO SERVE A PORTION OF THE PROPERTY OF
MICROSOFT CORPORATION (MICROSOFT PHASE II)
Resolution shall be recorded in the Loudou,n County Circuit Court Land Records to ensure notice
of the conditions to subsequent purchasers, successors or assignees of the Applicant.
PASSED this 26th day of May, 2020.
L.
ATTEST:
~~ Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0526 Water and Sanitary Sewer Service Extension Approval to Microsoft Phase II Project
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.
o{ !3 /Li GIVEN under my hand and seal this ____ day of ___ tl.-_1+------' 2020.
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