ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 24, 2016 DATE: September 19, 2016 SUBJECT: Encroachment of a Pedestrian Bridge, Pylons and Related Structures Associated with Ballston Quarter, SP #193, Over, Under, in and Across the Following: 1) a Portion of the Wilson Boulevard Right of Way; 2) an Easement and Right of Way (Street and Utilities Easement) on the South Side of the Wilson Boulevard Right of Way; and 3) an Easement for Public Street and Utilities Purposes on the North Side of the Wilson Boulevard Right of Way. The Pedestrian Bridge Will be Located Over Wilson Boulevard and Run from the Ballston Quarter Project (RPC# 14-059-035) to the South and the Stafford Place 1 Building (RPC# 14-048-012) to the North, between N. Randolph Road and N. Stuart Street, With Conditions. Applicant/Owner: FC Ballston Common, LLC Jamestown Premier Stafford I LLC (together, Owner/Applicant ) By: G. Evan Prichard Walsh, Colucci, Lubeley, Emrich & Walsh, PC 2200 Clarendon Boulevard, 13 th Floor Arlington, Virginia 22201 C. M. RECOMMENDATION: Enact the attached Ordinance of Encroachment to permit a pedestrian bridge, pylons and related structures (collectively, "Pedestrian Bridge ) associated with Ballston Quarter, SP #193 ( Site Plan ), over, under, in and across the following: 1) a portion of the Wilson Boulevard right of way; 2) an Easement and Right of Way (Street and Utilities Easement) on the south side of the Wilson Boulevard right of way; and 3) an Easement for Public Street and Utilities Purposes on the north side of the Wilson Boulevard right of way. The Pedestrian Bridge will be located over Wilson Boulevard and run from the Ballston Quarter Project (RPC# 14-059-035) to the south and the Stafford Place 1 Building (RPC# 14-048-012) to the north, between N. Randolph Road and N. Stuart Street, with conditions. County Manager: ##### County Attorney: ***** 60. B. Staff: Linda Eichelbaum Collier, Real Estate Bureau, DES
ISSUES: None. SUMMARY: The Owner/Applicant has requested that the County Board enact the Ordinance of Encroachment ( Ordinance ), attached hereto as Attachment 1, to permit the encroachment of the Pedestrian Bridge over a portion of the Wilson Boulevard right of way and over two easements for public street and utilities on both sides of Wilson Boulevard (collectively, Wilson Boulevard ), connecting Ballston Quarter, SP #193, with the Stafford Place 1 Building and beyond to the Ballston Metro Station. Construction of the new Pedestrian Bridge is a condition of the Site Plan. The total area of the overhead encroachment is approximately 2,499 square feet, in addition to two surface/above ground areas for the support columns and underground areas for the foundations for the support columns, totaling 618 square feet. Upon enactment of the proposed Ordinance and satisfaction of all conditions of the Ordinance, permission for the encroachments will continue until the Pedestrian Bridge is destroyed, removed, no longer in use, or not continuously and promptly maintained by the Owner/Applicant. BACKGROUND: The Owner/Applicant has requested that the County Board enact an Ordinance of Encroachment to permit the encroachment of the Pedestrian Bridge within Wilson Boulevard to allow construction of the Pedestrian Bridge as required by the Site Plan. The Site Plan authorizes the redevelopment of Ballston Mall, renovation of portions of an existing office building, construction of 406 residential units and construction of approximately 66,475 square feet of retail space. In Condition #61 of the Site Plan, the developer, among other items, agreed to remove the existing pedestrian bridge located above Wilson Boulevard connecting Ballston Mall to the office building across the street, to construct the new Pedestrian Bridge and to obtain any necessary encroachments for the new Pedestrian Bridge. The requested Ordinance would permit encroachment of the new Pedestrian Bridge and all appurtenant facilities related to the Pedestrian Bridge over Wilson Boulevard. DISCUSSION: To facilitate construction of the Site Plan, the Owner/Applicant has requested enactment of the attached Ordinance. The locations of the encroachments are designated on the attached exhibit labelled Ballston Mall Pedestrian Bridge Exhibit, Sheets 1 of 2 and 2 of 2, submitted date, January 24, 2016, certified September 7, 2016, prepared by VIKA Virginia LLC ( Plat ). The requested encroachments are depicted on the Plat as: 1) 188 SF± Proposed Encroachment of Overhead Pedestrian Bridge into Existing Easement for Public Street and Utilities Purposes (15.0'± above sidewalk); 2) 40 SF± Proposed Encroachment of Support of Overhead Pedestrian Bridge into Public Right of Way (From Sidewalk to 16.0'± above sidewalk) 3) 269 SF± Proposed Encroachment of Concrete Support Foundation for Overhead Pedestrian Bridge (1.25' below sidewalk); 4) 1,410 SF± Proposed Encroachment of Overhead Pedestrian Bridge into Public Right of Way (17.3'± above pavement); 5) 902 SF± Proposed Encroachment of Overhead Pedestrian Bridge into Existing Easement for Public Street and Utilities Purposes; 6) 270 SF± Proposed Encroachment of Concrete Support Foundation for Overhead Pedestrian Bridge (1.25' below sidewalk); and - 2 -
7) 39± SF Proposed Encroachment of Support of Overhead Pedestrian Bridge into Public Right of Way (from sidewalk to 16.0'± above sidewalk). The areas of requested encroachments set forth above are hereinafter, collectively referred to as Encroachments. According to the provisions of the proposed Ordinance, the permissions for the Encroachments are a license and shall remain effective until the Site Plan, as may be amended, is no longer in effect, the Pedestrian Bridge is destroyed, removed, no longer in use, or not continuously and promptly maintained by the Owner/Applicant or the County requests, in writing to the Owner/Applicant, that the Encroachments be removed. Legal and Physical Description: The County acquired the Easement and Right of Way (Street and Utilities Easement) on the south side of the Wilson Boulevard right of way by Easement Agreement recorded among the Arlington County land records ( Land Records ) in Deed Book 2178 at Page 1438. The County acquired the Easement for Public Street and Utilities Purposes on the north side of the Wilson Boulevard right of way by Easement for Public Street and Utilities Purposes recorded among the Land Records in Deed Book 2389 at Page 304. The County owns a portion of the Wilson Boulevard right of way by deed recorded among the Land Records in Deed Book 979 at Page 103. Public Notice: Public notice was given in accordance with the Code of Virginia. Notices for the encroachment were placed in the September 9, 2016 and the September 16, 2016 issues of The Washington Times for the September 24, 2016 regular County Board Meeting. Compensation: Condition #61 of the Site Plan, approved by the County Board on November 17, 2015, states that the Owner/Applicant will not be required to pay compensation for the Pedestrian Bridge encroachment. The value of the encroachment is considered part of the County s contribution to the redevelopment project pursuant to a development agreement setting forth the private public partnership between the Mall owners and the County. FISCAL IMPACT: None. - 3 -
ATTACHMENT I ORDINANCE TO PERMIT ENCROACHMENT OF A PEDESTRIAN BRIDGE, PYLONS AND RELATED STRUCTURES (COLLECTIVELY, "PEDESTRIAN BRIDGE ) ASSOCIATED WITH BALLSTON QUARTER, SP #193, OVER, UNDER, IN AND ACROSS THE FOLLOWING: 1) A PORTION OF THE WILSON BOULEVARD RIGHT OF WAY; 2) AN EASEMENT AND RIGHT OF WAY (STREET AND UTILITIES EASEMENT) ON THE SOUTH SIDE OF THE WILSON BOULEVARD RIGHT OF WAY; AND 3) AN EASEMENT FOR PUBLIC STREET AND UTILITIES PURPOSES ON THE NORTH SIDE OF THE WILSON BOULEVARD RIGHT OF WAY. THE PEDESTRIAN BRIDGE WILL BE LOCATED OVER WILSON BOULEVARD AND RUN FROM THE BALLSTON QUARTER PROJECT (RPC #14-059-035) TO THE SOUTH AND THE STAFFORD PLACE 1 BUILDING (RPC #14-048- 012) TO THE NORTH, BETWEEN N. RANDOLPH ROAD AND N. STUART STREET, WITH CONDITIONS. BE IT ORDAINED by the County Board of Arlington County, Virginia, that FC Ballston Common, LLC, owner of property known as 4238 Wilson Boulevard, RPC #14-059-035, and Jamestown Premier Stafford I LLC, owner of the property known as 4100 Wilson Boulevard (Stafford Place 1), RPC #14-059-028 (together, Owner/Applicant ), are permitted to construct, operate and maintain a pedestrian bridge, supports (pylons) and related structures (collectively, Pedestrian Bridge ), approved as part of the project known as Ballston Quarter, Site Plan #193, as may be amended ( Site Plan ), over, under, in and across: 1) a portion of the Wilson Boulevard Right of Way; 2) an Easement and Right of Way (Street and Utilities Easement) on the south side of the Wilson Boulevard Right of Way (Deed Book 2178 Page 1438); and 3) an Easement for Public Street and Utilities Purposes on the north side of the Wilson Boulevard Right of Way (Deed Book 2389 Page 304) (easements and right of way collectively, hereinafter called, Wilson Boulevard Right of Way ). The dimensions (length and width), characteristic, spatial areas and locations of the permitted above and below ground encroachments are depicted on the exhibit attached to the County Manager s Report for this agenda item as Attachment 2, entitled, Ballston Mall Pedestrian Bridge Exhibit, Sheets 1 of 2 and 2 of 2, submitted date, January 24, 2016, certified September 7, 2016, prepared by VIKA Virginia LLC ( Plat ). as the following and collectively hereinafter called Encroachments : 1) 188 SF± Proposed Encroachment of Overhead Pedestrian Bridge into Existing Easement for Public Street and Utilities Purposes DB 2178 PG 1438 (15.0'± above Sidewalk); 2) 40 SF± Proposed Encroachment of Support of Overhead Pedestrian Bridge into Public Right of Way (From Sidewalk to 16.0'± above Sidewalk) 3) 269 SF± Proposed Encroachment of Concrete Support Foundation for Overhead Pedestrian Bridge (1.25' Below Sidewalk); 4) 1,410 SF± Proposed Encroachment of Overhead Pedestrian Bridge into Public Right of Way (17.3'± above Pavement); 5) 902 SF± Proposed Encroachment of Overhead Pedestrian Bridge into Existing Easement for Public Street and Utilities Purposes DB 2389 PG 304; 6) 270 SF± Proposed Encroachment of Concrete Support Foundation for Overhead Pedestrian Bridge (1.25' below Sidewalk); and - 4 -
7) 39± SF Proposed Encroachment of Support of Overhead Pedestrian Bridge into Public Right of Way (From Sidewalk to 16.0'± above Sidewalk). No other structures are permitted to be installed or constructed by Owner/Applicant, or to exist within the areas of encroachment shown on the Plat. The exact spatial areas of the encroachments, hereby authorized, shall be within the square foot ranges as depicted on the Plat. The final spatial areas of the Encroachments shall be as depicted on the final engineering plans approved by the Director of the Department of Environmental Services, or his designee, as required by the Site Plan. BE IT FURTHER ORDAINED that these permissions authorized by the Ordinance shall be a license only, and shall continue until such time as: a) the Site Plan is no longer in effect or is further amended to remove the Pedestrian Bridge; b) the items permitted by the Ordinance to encroach are destroyed, removed, no longer in use, or not continuously and promptly maintained by the Owner/Applicant; or c) the County requests, in writing to the Owner/Applicant, that the Encroachments be removed. Nothing herein shall be construed to either allow the installation of any above or below ground structure other than the permitted Encroachments within the areas as shown on the Plat; or to allow any greater encroachment beyond the dimensions and spatial areas shown on the Plat. BE IT FURTHER ORDAINED that should the construction of the Pedestrian Bridge require the relocation of any utility, the cost of such relocation shall be borne by the Owner/Applicant. BE IT FURTHER ORDAINED that this permission shall not release the Owner/Applicant of negligence on their part on account of such encroachment. The Owner/Applicant, by availing themselves of the permissions authorized by this Ordinance and by continuing to encroach within the Wilson Boulevard Right of Way, hereby agrees for themselves, their successors and assigns, to the provisions of this Ordinance and agree to indemnify and hold harmless the County Board of Arlington County, Virginia and County officials, officers, employees and agents from all claims, negligence, damages, costs and expenses arising out of the permission for the Encroachments to encroach within the Wilson Boulevard Right of Way. BE IT FURTHER ORDAINED that on or before September 24, 2019, the Owner/Applicant, at its sole expense, shall cause a certified copy of this Ordinance and the final plat (depicting the exact dimensions of each encroachment), approved by the Director of the Department of Environmental Services or his designee, to be recorded in the land records of the Arlington County Circuit Court and evidence thereof shall be promptly delivered by the Owner/Applicant to the Real Estate Bureau Chief, Department of Environmental Services. - 5 -
Vicinity Map Pedestrian Bridge Over Wilson Boulevard Ballston Quarter, S.P. #193 RPC # 14048012 & 14059035 N STAFFORD ST 9TH ST N N STUART ST 14048012 Encroachment Area WILSON BLVD 14048015 N RANDOLPH ST N GLEBE RD 0 125 Feet / Pursuant to Section 54.1-402 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 August 2016
N STAFFORD ST Vicinity Map Pedestrian Bridge Over Wilson Boulevard Ballston Quarter, S.P. #193 RPC # 14048012 & 14059035 9TH ST N N ST UART 14048012 ST Encroachment Area WILSON BLVD N RANDO LPH ST 14048015 N 0 G LE 125BE R FeetD / Pursuant to Section 54.1-402 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 August 2016
N TAYLOR ST N STUART ST N N RANDOLPH ST N QUINCY ST 11TH ST N Vicinity Map Pedestrian Bridge Over Wilson Boulevard Ballston Quarter, S.P. #193 RPC # 14048012 & 14059035 STAFFORD ST N UTAH ST 10TH ST N FAIRFAX DR N POLLARD ST 9TH ST N 14048012 Encroachment Area WILSON BLVD 14048015 N TAZEWELL ST 7TH ST N N GLEBE RD N POLLARD ST 7TH ST N 5TH RD N 5TH RD N N VERMONT ST 0 300 Feet N CARLIN SPRINGS RD / N THOMAS ST Pursuant to Section 54.1-402 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 August 2016 5TH ST N