HomeMy Public PortalAbout1985_12_11_R234The Town q£Leesburg in Virginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED December 11, 1985
85-234 ADOPTED December 11, 1985
COMMENTING ON THE POTOMAC PARK DEVELOPMENT REZONING APPLICATION
AND STATING COUNCIL'S OPPOSITION THERETO AS PROPOSED
WHEREAS, the Xerox Realty Corporation has made application for land surrounding
the Xerox International Training Center to rezone 821 acres from A-3 to PD-OP
and 1,039 acres from A-3 to PDH-12; and
WHEREAS, Paragraph 16 of the Annexation Agreement of November 15, 1982,
and Section III, Subsection J of the Annexation Area Development Policies
(AADPs) provide that the town and county shall refer zoning and land develop-
ment applications to each other for review and comment prior to Planning Com-
mission public hearings or recommendations to the approving body; and
WHEREAS, this Council desires to reasonably accommodate the proposed
Potomac Park development consistent with the Annexation Agreement, AADPs and
Court Order; and
WHEREAS, approximately one-half of the proposed rezoning is located within
the Leesburg Area Management Plan (LAMP) planning area; and
WHEREAS, this Council is vitally interested in protecting the integrity
of the Annexation Agreement and the AADPs; and
WHEREAS, the Loudoun County Board of Supervisors unilaterally and in
violation of said Agreement approved on September 16, 1985 amendments to the
LAMP that designate the Loudoun County Sanitation Authority as the water and
sewer provider for the entire development tract, specifically including the
acreage west of Goose Creek; and
WHEREAS, Paragraph 18 of said Agreement and Section III, Subsection F,
Paragraph 2 of the AADPs provide that "central water and sewer facility extensions
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COMMENTING ON THE POTOMAC PARK DEVELOPMENT REZONING APPLICATION AND STATING
COUNCIL'S OPPOSITION THERETO AS PROPOSED
and package treatment plants shall be precluded in the LAMP planning area
outside the annexation area until January 1, 1994 unless necessary to protect
the public health and mutually agreed upon by the town and county;" and
WHEREAS, the town's wastewater management facility plan prepared pursuant
to §201 of PL92-500, and adopted by the State Water Control Board, designates
Leesburg as the provider of wastewater treatment services for that portion
of the Leesburg Area Management Plan west of Goose Creek; and
WHEREAS, the proposed rezoning scheduled for consideration by the Board
of Supervisors on December 16, 1985, if approved, will in concert with the
aforementioned LAMP amendment violate said Agreement and the AADPs; and
WHEREAS, the Board of Supervisors and the Town Council appointed two
members from each body to serve on the Joint Policy Committee, established
pursuant to the Agreement and the AADPs, and convened said Joint Policy Com-
mittee to seek agreement on the extension and location of central water and
sewer facilities within the LAMP portion of Potomac Park development; and
WHEREAS, this Council understands that the Board of Supervisors intends
to approve the Potomac Park development on December 16, 1985, regardless of
any action taken by the Joint Policy Committee; and
WHEREAS, this Council considers any Board action to approve the Potomac
Park rezonin~ in its present form, to be a violation of the Annexation Agreement
and AADPs and the Order of Annexation entered on October 11, 1983:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
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COMMENTING ON THE POTOMAC PARK DEVELOPMENT REZONING APPLICATION AND STATING
COUNCIL'S OPPOSITION THERETO AS PROPOSED
SECTION I. The Town Council hereby requests that no action on the rezoning,
in its present form, be taken by the Boardof Supervisors until the matter
of the provision of the extension and/or location of central water and sewer
facilities is resolved by the Board of Supervisors and the Leesburg Town Council
as required by the Annexation Agreement, AADPs and Court Order.
SECTION II. The manager is authorized to direct special counsel
W. H. Jolly, on behalf of the town, to request the reconvening of the Annexation
Court to enforce the terms of the Annexation Agreement, AADPs and Court Order.
SECTION III. The manager is directed to transmit a copy of this resolution
to the Chairman of the Loudoun County Board of Supervisors, Joint Policy Committee
and the County Administrator.
PASSED this llth day of
December
, 1985.
Robert E Sev~.l~, Mayor
Town of Leesburg
ATTEST: