ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of January 27, 2018

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 27, 2018 DATE: January 19, 2018 SUBJECT: Amendment and Re-enactment of an Amended and Re-enacted Ordinance of Encroachment to Permit: 1) the Encroachment of Five Levels of a Portion of an Underground Garage Into an Area Dedicated for Clarendon Boulevard Running East to West Abutting the Southern Boundary of Property Now Known as Part Lot 1 Abbott and Hoge s Subdivision of Southeastern Part of Lot 8 Mason Tract, also known as Part Triangle Lot, Washington View, and Lot 24, Washington View, RPC# , for Property Known as 2025 Clarendon Blvd., and Part of Lot 23, Washington View D.B. K-4, PG. 335, D.B. 326, PG. 485, RPC# , for Property Known as 2026 Wilson Blvd.; and 2) the Encroachment of an Electric Vault Into an Alley Abutting the Eastern Boundary of Property Known as Part of Lot 23 Washington View, D.B. K-4, PG. 335, D.B. 326, PG. 485, RPC# , for Property Known as 2026 Wilson Blvd., both with Conditions. Applicant/Owner: 2025 Clarendon Boulevard, LLC c/o Carr Properties 1776 Eye Street, NW, Suite 500 Washington, DC C. M. RECOMMENDATION: Approve the attached Ordinance to Amend and Re-Enact an Amended And Re-Enacted Ordinance of Encroachment to Permit: 1) the Encroachment of Five Levels of a Portion of an Underground Garage Into an Area Dedicated for Clarendon Boulevard Running East to West Abutting the Southern Boundary of Property Now Known as Part Lot 1 Abbott and Hoge s Subdivision of Southeastern Part of Lot 8 Mason Tract, also known as Part Triangle Lot, Washington View, and Lot 24, Washington View, RPC# , for Property Known as 2025 Clarendon Blvd., and Part of Lot 23 Washington View D.B. K-4, PG. 335, D.B. 326, PG. 485, RPC# , for Property Known as 2026 Wilson Blvd.; and 2) the Encroachment of an Electric Vault Into an Alley Abutting the Eastern Boundary of Property Known as Part of Lot 23 Washington View, D.B. K-4, PG. 335, D.B. 326, PG. 485, RPC# , for Property Known as 2026 Wilson Blvd., both with Conditions. County Manager: ##### County Attorney: ***** 15. Staff: Jennifer Butler, Linda Eichelbaum Collier, DES, REB

2 ISSUES: The Applicant/Owner has requested an extension of the deadline by which all conditions of a previously approved Amended and Re-enacted Ordinance of Encroachment ( 2016 Ordinance ) must be met from the existing deadline of March 14, 2018 until July 1, The reason for the extension request is so that the deadline for the fulfillment of the conditions of the 2016 Ordinance is extended to coincide with the deadline for vesting of the underlying site plan, which deadline was extended by law by the Virginia General Assembly to July 1, SUMMARY: The Applicant/Owner has requested a second amendment and reenactment ( Amended Ordinance ) of the 2016 Ordinance which is associated with Site Plan #435 for the purpose of extending the deadline by which all the conditions of the 2016 Ordinance must be met. On March 14, 2015, the County Board enacted an Ordinance of Encroachment with a deadline of March 14, 2018 ( 2015 Ordinance ). On April 16, 2016, the County Board amended and re-enacted the 2015 Ordinance to reflect a change in the location of the electric vault moving it farther south into the alley from the location previously approved by the County Board ( 2016 Ordinance ). No other terms or conditions from the 2015 Ordinance were changed. The Applicant/Owner has requested the extension of the date for fulfillment of the conditions of the 2016 Ordinance so that the 2016 Ordinance deadline coincides with the deadline for vesting the underlying site plan. If the Amended Ordinance is enacted, the Applicant/Owner would have until July 1, 2020 to satisfy the Amended Ordinance conditions. The Amended Ordinance will permit the encroachment of a portion of an underground garage into the right-of-way for Clarendon Boulevard ( Garage Encroachment ) and the encroachment of a portion of a below grade electric vault into an alley ( Electric Vault Encroachment ) (collectively, Encroachments ) abutting the eastern border of Site Plan #435. The Amended Ordinance is required to permit the location of the underground garage and the electric vault as proposed in the Site Plan. If the Amended Ordinance is enacted by the County Board, permission for the Encroachments would continue until the garage and/or the electric vault are destroyed, removed, no longer in use, or not continuously and promptly maintained by the Applicant/Owner. BACKGROUND: The Applicant/Owner obtained approval for a new Site Plan #435 ( Site Plan ) to construct a 12-story, approximately 195,870 square foot office building with approximately 7,000 square feet of ground floor retail. The Site Plan is located on two parcels of land ( Property ) upon which a Wendy s fast food restaurant and a Wells Fargo Bank branch were located. The site is bounded by Wilson Boulevard to the north, an alley to the east, Clarendon Boulevard to the south, and a small portion of North Courthouse Road to the west, where Wilson and Clarendon Boulevards converge. The requested Garage Encroachment would permit location of a portion of five floors of the proposed underground parking garage within the County right-of-way for Clarendon Boulevard and the requested Electric Vault Encroachment would permit location of a portion of a proposed underground electric vault within an existing County alley located to the east of the Property

3 DISCUSSION: The Applicant/Owner requests that the County Board enact the Amended Ordinance for the purpose of extending the deadline by which all of the conditions of the 2016 Ordinance must be met. The Applicant/Owner must complete all the conditions of the Amended Ordinance in order to construct an underground garage and electric vault as part of the planned Site Plan improvements. To comply with the proposed Site Plan, the Applicant/Owner has requested enactment of the Amended Ordinance to permit the Garage Encroachment, which consists of encroachment of a 2,673 square foot portion, for five levels, of the underground parking garage within the Clarendon Boulevard right-of-way. Although the Garage Encroachment would be located underground in the right-of-way, the underground garage would be physically located behind the back of curb of Clarendon Boulevard. In other words, the Garage Encroachment would not be beneath travel lanes of the street, but would be beneath sidewalk for the proposed Site Plan. The proposed Garage Encroachment is designated on a plat attached hereto as Exhibit A as Parking Vault Encroachment: 2,673 SF, entitled Plat Showing Encroachment Areas 2025 Clarendon Boulevard Deed Book 4285, Page 2341 RPC , Deed Book 2039, Page 1632 RPC , Arlington County, Virginia, pages 1-3 of 3, prepared by Bohler Engineering and dated April 15, 2014, last revised January 4, 2018 ( Plat ). The far southeastern corner of the proposed Garage Encroachment is located near and above the existing Metro tunnel and track for the subway. To insure that the location of the garage does not interfere with the Metro tunnel, the Ordinance will be subject to, and conditioned upon, the Applicant/Owner first securing WMATA approval of the relevant final engineering plans for the Site Plan and all necessary WMATA permits from Joint Development and Adjacent Construction under the WMATA Adjacent Construction Program. In addition, to comply with the proposed Site Plan, the Applicant/Owner has requested enactment of the Amended Ordinance to permit the Electric Vault Encroachment, which consists of the encroachment of a 505 square foot portion of the underground electric vault into an existing County alley. The proposed Electric Vault Encroachment is designated as Electrical Vault Encroachment: 505 SF on the Plat. Legal and Physical Description: The Property is owned by 2025 Clarendon Boulevard, LLC by virtue of deeds recorded in the Land Records as Instrument No and as Instrument No The right-of-way for Clarendon Boulevard, into which the Garage Encroachment encroaches, was established by a plat of subdivision for Fort Myer Heights recorded among the Land Records in Deed Book M4 at Page 322 and Deed Book N4 at Page 50. The alley into which the Electric Vault Encroachment encroaches was established by Deed of Resubdivision, Dedications and Easements, dated August 14, 2014, recorded among the Land Records in Deed Book 4788 at Page Public Notice: Public notice was given in accordance with the Code of Virginia. Notices were placed in the January 3, 2018 and the January 10, 2018, issues of The Washington Times for the January 27, 2018 County Board Meeting

4 Compensation: Compensation in the amount of $445, will be charged for the Garage Encroachment based upon an appraisal from a certified independent appraiser. The Applicant/Owner has agreed to pay this amount of compensation to the County. Because the County desires placement of electric vaults underground, the County s practice is not to require compensation to the County for the encroachment of an electric vault. PUBLIC ENGAGEMENT: In addition to the required advertisement of the Amended Ordinance, the original encroachments and/or the site plan approval were the subject of meetings with the community and the County Board in 2015 and Additionally, the 2016 Ordinance was advertised for the April 2016 County Board Meeting. FISCAL IMPACT: The County will receive $445, from the Applicant/Owner as compensation for the Encroachments. The amount will be tendered by the Applicant/Owner and deposited in the County s General Fund, at the times, and in the amounts, required by the Amended Ordinance

5 ATTACHMENT 1 ORDINANCE TO AMEND AND RE-ENACT AN AMENDED AND RE-ENACTED ORDINANCE OF ENCROACHMENT TO PERMIT: 1) THE ENCROACHMENT OF FIVE LEVELS OF A PORTION OF AN UNDERGROUND GARAGE INTO AN AREA DEDICATED FOR CLARENDON BOULEVARD RUNNING EAST TO WEST ABUTTING THE SOUTHERN BOUNDARY OF PROPERTY NOW KNOWN AS PART OF LOT 1 ABBOTT AND HOGE S SUBDIVISION OF SOUTHEASTERN PART OF LOT 8 MASON TRACT, ALSO KNOWN AS PART TRIANGLE LOT, WASHINGTON VIEW, AND LOT 24, WASHINGTON VIEW, RPC # , FOR PROPERTY KNOWN AS 2025 CLARENDON BLVD., AND PART OF LOT 23, WASHINGTON VIEW D.B. K-4, PG. 335, D.B. 326, PG. 485, RPC # , FOR PROPERTY KNOWN AS 2026 WILSON BLVD.; AND 2) THE ENCROACHMENT OF AN ELECTRIC VAULT INTO AN ALLEY ABUTTING THE EASTERN BOUNDARY OF PROPERTY KNOWN AS PART OF LOT 23 WASHINGTON VIEW, D.B. K-4, PG. 335, D.B. 326, PG. 485, RPC # , FOR PROPERTY KNOWN AS 2026 WILSON BLVD., BOTH WITH CONDITIONS. BE IT ORDAINED by the County Board of Arlington County, Virginia that, pursuant to an application on file with the Department of Environmental Services, Real Estate Bureau, the Applicant and Owner, 2025 Clarendon Boulevard, LLC, ( Applicant/Owner ), as developer of the project known as 2025 Clarendon Boulevard, Site Plan #435 ( Site Plan ), and the Owner of the property known as 2025 Clarendon Boulevard, RPC # and , upon which the Site Plan is being constructed ( Property ) is hereby permitted to construct: 1) a portion of an underground garage ( Garage Encroachment ) into an area dedicated for Clarendon Boulevard ( Street ) running east to west abutting the southern boundary of the Property, such right-of-way dedicated to the County by Subdivision Plat recorded in Deed Book M4 at Page 322 and Deed Book N4 at Page 50 among the land records of Arlington County, Virginia ( Land Records ); and 2) a portion of an Electric Vault into an alley ( Alley ) abutting the eastern boundary of the Property ( Electric Vault Encroachment ), such Alley dedicated to the County by Deed of Resubdivision, Dedications and Easements, dated August 14, 2014, recorded in Deed Book 4788 at Page 1339 among the Land Records. The dimensions (length, width and depth elevations) and the spatial location of the Garage Encroachment are depicted as Parking Vault Encroachment: 2,673 SF on Exhibit A, attached to the County Manager s Report dated January 4, 2018, and entitled Plat Showing Encroachment Areas, 2025 Clarendon Boulevard, Deed Book 4285, Page 2341 RPC , Deed Book 2039, Page 1632 RPC , Arlington County, Virginia, pages 1-3 of 3, prepared by Bohler Engineering and dated April 15, 2014 and last revised January 4, 2018 ( Plat ). The dimensions (length, width and depth elevations) and the spatial location of the Electric Vault Encroachment are depicted as Electrical Vault Encroachment: 505 SF on the Plat. The dimensions, elevations, depth below grade, spatial location, characteristics and spatial area of the permitted Garage Encroachment and Electric Vault Encroachment are shown on the Plat. No other structures are permitted to be installed or constructed by Applicant/Owner, or to exist within the county property shown on the Plat. The permissions for both the Garage Encroachment and the Electric Vault Encroachment are subject to the following conditions: - 5 -

6 BE IT FURTHER ORDAINED that this permission for the Garage Encroachment is subject to, and conditioned upon, the Applicant/Owner first securing WMATA approval of the relevant final engineering plans for the Site Plan and all necessary WMATA permits from Joint Development and Adjacent Construction under the WMATA Adjacent Construction Program. BE IT FURTHER ORDAINED that these permissions for the Garage Encroachment and the Electric Vault Encroachment authorized by the Ordinance shall continue until such time as that portion of the Garage Encroachment encroaching within the Street or that portion of the Electric Vault Encroachment encroaching within the Alley, as the case may be, are destroyed, removed, no longer in use, or not continuously and promptly maintained by the Applicant/Owner. Nothing in this Ordinance shall be constructed either: to allow the installation by the Applicant/Owner of any above ground structure or any structure other than the portion of the Garage Encroachment and the Electric Vault Encroachment within the areas shown on the Plat; or to allow any greater encroachment behind the dimensions and spatial areas shown on the Plat. BE IT FURTHER ORDAINED that the Applicant/Owner, and its successors and assigns, shall continuously and promptly maintain the below grade structures, and maintain, restore, repair, and replace all County owned facilities, within and adjacent to the Street and the Alley, including any sidewalk, curb and gutter and paved surface, which are damaged by the installation, maintenance, destruction, continued existence, repair or removal of the below grade Garage Encroachment and Electric Vault Encroachment, in accordance with the Site Plan and all applicable County standards. BE IT FURTHER ORDAINED that the Applicant/Owner shall pay to the County $445, in compensation for the Garage Encroachment. BE IT FURTHER ORDAINED that this Ordinance shall not be construed to release the Applicant/Owner, and its successors and assigns, of negligence on its part due to such Garage Encroachment and Electric Vault Encroachment. The Applicant/Owner, by constructing, or causing to be constructed a portion of the underground garage in the Street and the underground electric vault in the Alley, hereby agrees for itself, and its successors and assigns, to indemnify and hold harmless the County Board of Arlington County, Virginia and all County officials, officer, employees, contractors, and agents from all claims, negligence, damages, costs and expenses arising out of the existence, construction, maintenance, repair and removal of the underground garage and the underground electric vault, and the permission for the portions of the Garage Encroachment to encroach within the Street and the Electric Vault Encroachment to encroach within the Alley as permitted by the Ordinance. BE IT FURTHER ORDAINED that, on or before noon on July 1, 2020, the Applicant/Owner, at its sole cost and expense, shall comply with all conditions of this Ordinance and thereafter cause a certified copy of this Ordinance and the Plat, which Plat shall be approved by the Director of the Department of Environmental Services, or his designee, to be recorded in the Land Records and evidence thereof shall be promptly delivered by the Applicant/Owner to the Real Estate Bureau Chief, Department of Environmental Services

7 I MICHAEL J. O'HARA JR., A DULY LICENSED PROFESSIONAL ENGINEER IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY THAT THE PROPERTY DELINEATED BY THIS PLAT IS IN THE NAME OF MCCLAINE ASSOCIATES, LLC AND CENTRAL FIDELITY BANK, NORTHERN VIRGINIA AS RECORDED IN DEED BOOK 4285, PAGE 2341 AND DEED BOOK 2039, PAGE 1632 AMONG THE LAND RECORDS OF ARLINGTON COUNTY, VIRGINIA. I FURTHER CERTIFY THAT THE LAND EMBRACED IN THIS SUBDIVISION LIES ENTIRELY WITHIN THE BOUNDS OF THE ORIGINAL TRACT AND THAT THIS PLAT REPRESENTS AN ACCURATE SURVEY OF THE SAME AND THAT ALL COURSES ARE REFERENCED TO THE VCS 1983 NORTH ZONE. GIVEN UNDER MY HAND AND SEAL THIS 4_ DAY OF, JANUARY 2018 MICHAEL J. O'HARA JR. VIRGINIA LICENSED PROFESSIONAL ENGINEER NO NOTES: 1. PROPERTY IS KNOWN AS THE LANDS OF McCLAINE ASSOCIATES, LLC AS RECORDED IN DEED BOOK 4285 PAGE 2341 AND CENTRAL FIDELITY BANK, NORTHERN VIRGINIA AS RECORDED IN DEED BOOK 2039 PAGE 1632 ALL AMONG THE LAND RECORDS OF ARLINGTON COUNTY, VIRGINIA AND HAVING A TAX MAP REFERENCE OF TM AND TM LINETYPE LEGEND 2. AREA = TM ,439 SQUARE FEET OR ACRES TM ,572 SQUARE FEET OR ACRES LIMITS OF UNDERGROUND GARAGE LIMITS OF BUILDING ABOVE 3. LOCATION OF ALL UNDERGROUND UTILITIES ARE APPROXIMATE, SOURCE INFORMATION FROM PLANS AND MARKINGS HAS BEEN COMBINED WITH OBSERVED EVIDENCE OF UTILITIES TO DEVELOP A VIEW OF THOSE UNDERGROUND UTILITIES. HOWEVER, LACKING EXCAVATION, THE EXACT LOCATION OF UNDERGROUND FEATURES CANNOT BE ACCURATELY, COMPLETELY AND RELIABLY DEPICTED. WHERE ADDITIONAL OR MORE DETAILED INFORMATION IS REQUIRED, LEGEND ENCROACHMENT: 3,178 SF EXISTING PROPERTY LINE THE CLIENT IS ADVISED THAT EXCAVATION MAY BE NECESSARY. 4. ELEVATIONS ARE NAVD 88 PER ARLINGTON COUNTY CONTROL MONUMENT BN 017 HAVING A PUBLISHED ELEVATION OF 177.9'. PROPOSED PROPERTY LINE 5. THE PROPERTY IS LOCATED IN ZONE C (AREAS OF MINIMAL FLOODING) PER PLAN REFERENCE #2. 15' DEDICATION AREA 6. AREA DEDICATED BY OTHERS PER DEED RECORDED IN DEED BOOK 4788, PAGE REFERENCE: EXISTING PLAT ENTITLED "PLAT SHOWING ADDITIONAL RIGHT-OF-WAY FOR WILSON BLVD. THRU THE WASHINGTON VIEW SUBD.", DATED JAN. 12, 1939 ATTACHED TO DEED RECORDED IN DEED BOOK 474, PAGE "= 25'

8 NOTES: 1. LINETYPE LEGEND 2. AREA = 3. LOCATION OF ALL UNDERGROUND UTILITIES ARE APPROXIMATE, SOURCE INFORMATION FROM PLANS AND MARKINGS HAS BEEN COMBINED WITH OBSERVED EVIDENCE OF UTILITIES TO DEVELOP A VIEW OF THOSE UNDERGROUND UTILITIES. HOWEVER, LACKING EXCAVATION, THE EXACT LOCATION OF UNDERGROUND FEATURES CANNOT BE ACCURATELY, COMPLETELY AND RELIABLY DEPICTED. WHERE ADDITIONAL OR MORE DETAILED INFORMATION IS REQUIRED, THE CLIENT IS ADVISED THAT EXCAVATION MAY BE NECESSARY. LIMITS OF UNDERGROUND GARAGE LIMITS OF BUILDING ABOVE EXISTING PROPERTY LINE PROPOSED PROPERTY LINE PROPERTY IS KNOWN AS THE LANDS OF McCLAINE ASSOCIATES, LLC AS RECORDED IN DEED BOOK 4285 PAGE 2341 AND CENTRAL FIDELITY BANK, NORTHERN VIRGINIA AS RECORDED IN DEED BOOK 2039 PAGE 1632 ALL AMONG THE LAND RECORDS OF ARLINGTON COUNTY, VIRGINIA AND HAVING A TAX MAP REFERENCE OF TM AND TM TM TM ,439 SQUARE FEET OR ACRES 8,572 SQUARE FEET OR ACRES 4. ELEVATIONS ARE NAVD 88 PER ARLINGTON COUNTY CONTROL MONUMENT BN 017 HAVING A PUBLISHED ELEVATION OF 177.9'. 5. THE PROPERTY IS LOCATED IN ZONE C (AREAS OF MINIMAL FLOODING) PER PLAN REFERENCE #2. 6. AREA DEDICATED BY OTHERS PER DEED RECORDED IN DEED BOOK 4788, PAGE REFERENCE: EXISTING PLAT ENTITLED "PLAT SHOWING ADDITIONAL RIGHT-OF-WAY FOR WILSON BLVD. THRU THE WASHINGTON VIEW SUBD.", DATED JAN. 12, 1939 ATTACHED TO DEED RECORDED IN DEED BOOK 474, PAGE ' DEDICATION AREA LEGEND ENCROACHMENT: 3,178 SF "= 25' 25

9 "= 25'

10 N UHLE ST N TROY ST Vicinity Map 2025 Clarendon Blvd. RPC #'s and KEY BLVD N RHODES ST N TROY ST N VEITCH ST WILSON BLVD CLARENDON BLVD Electrical Vault Encroachment 505 SF N UHLE ST Parking Vault Encroachment 2673 SF N SCOTT ST 15TH ST N N VEITCH ST N UHLE ST N COURTHOUSE RD 14TH ST N Feet N TAFT ST / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and December 2017

11 N COURTHOUSE RD Vicinity Map 2025 Clarendon Blvd. RPC #'s and Electrical Vault Encroachment 505 SF WILSON BLVD CLARENDON BLVD Parking Vault Encroachment 2673 SF 0 50 Feet / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and December 2017

12 Vicinity Map 2025 Clarendon Blvd. RPC #'s and LS WI B ON Electrical Vault Encroachment 505 SF D LV CLAREND ON BLVD Parking Vault Encroachment 2673 SF N CO UR R THOUSE 0 50 Feet / D Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and December 2017