Bromptons at Cherrydale / Legal Agreement
In 2006, Arlington County inspectors found significant structural violations at The Bromptons at Cherrydale — the multifamily project at 3800 Lee Highway. The County ordered the building be repaired or demolished. The developer, the Ed Peete Company, notified the County in January 2007 that it planned to demolish the building (and made some initial steps), but failed to proceed with demolition.
This unfortunate situation has resulted in a blighted property. In May 2009, Arlington County reached a settlement agreement to finish the building to County Code requirements — or demolish it. Visit the “background” and “timeline” sections of this website for more information.
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First Phase Correction Complete
On April 9, 2010, the Arlington County Building Official approved the completion of the First Phase Correction Action by R15, LLC, the developer of the Bromptons at Cherrydale project on Lee Highway. In compliance with its settlement agreement with the County and a corresponding court order, R15’s First Phase actions included installation of the brick façade on the mixed-use building, installation of exterior windows, the temporary removal of exterior balconies, and the installation of exterior grounds measures such as sidewalks, crosswalks, and pavers in areas where no further construction is anticipated.
R15 and its contractors are in the midst of the Second Phase Corrective Action, which primarily involves interior construction measures and final exterior items including balconies, trees, street lights, and the remaining pavers. These actions will result in total completion of the mixed-use building. By the terms of R15’s settlement agreement with Arlington County, the Second Phase Corrective Action is to be completed by mid-October 2010.
Building Permit Issued
On Tuesday, Nov. 17, 2009, the Arlington County Building Official approved revised building permit drawings submitted by the Ed Peete Company (EPC), and on Nov. 18, EPC paid the required permit fees and received a building permit. Pursuant to the terms of the County’s settlement agreement with EPC, the developer must begin construction of its corrective actions on the Bromptons at Cherrydale project by Friday, Nov. 27, 2009.
EPC’s initial corrective actions will consist of reinforcement of structural system and installation of the brick façade and windows or alternative treatments, and installation of exterior grounds measures, including curbs, gutters, paving, and some landscaping. These initial actions must be complete by Friday, April 16, 2010.
Concurrent with the initial corrective actions, and in no event later than Wednesday, Oct. 13, 2010, EPC will construct the remainder of the corrective actions to complete the building and bring it into conformity with the Building Code. Throughout the developer’s work, both County and independent inspectors will be inspecting the structure and the ongoing construction to ensure that they satisfy the requirements of the Building Code.
Bromptons Update October 22, 2009
On September 25, 2009, the Arlington County Building Official received building permit drawings from the Ed Peete Company (EPC) and its design team for remediation of the Bromptons at Cherrydale project on Lee Highway. The drawings were submitted timely in accordance with the timeline established in the settlement agreement between EPC and Arlington County. The Building Official and his staff reviewed the permit drawings and returned them to EPC on October 12 with a summary of the changes required. EPC and its design team are revising the permit drawings and will resubmit them to the Building Official no later than Tuesday, October 27, 2009. Pursuant to the terms of the settlement agreement, EPC must begin construction of the corrective actions within 10 calendar days of the issuance of the building permit.
In recent weeks, EPC and its remediation team have been conducting testing on the building site, have removed the exterior balconies which will be replaced at a later time, and are in the process of installing new windows in the building. Similar activity on the project site is expected to continue in the coming weeks as the permit approval process continues.
Developer Submits Plans According to Schedule
On August 14, the Arlington County Building Official approved concept plans submitted by the Ed Peete Company (EPC) and its design team for remediation of the Bromptons building on Lee Highway in Cherrydale. These plans were submitted by EPC pursuant to the settlement agreement between EPC and Arlington County, in accordance with the timeline established in the agreement.
The settlement agreement requires that EPC proceed to submit building permit drawings by Friday, September 25, 2009, at which time the Building Official and County staff will review the plans and issue building permits once the plans are satisfactory. While the submitted building plans may require revision prior to approval and the issuance of permits, on-site remediation is expected to begin within days of the Building Official’s issuance of the building permits.
Sidewalks – VDOT Issue on Lee Highway
An urgent area of concern at the Bromptons site is the repair of the existing sidewalk along Lee Highway. Lee Highway itself is owned by the Virginia Department of Transportation (VDOT). In June, the Bromptons property owner met with a VDOT representative and staff from the Arlington County Department of Environmental Services (DES) to discuss the scope of work along Lee Highway and along North Oakland and North Pollard Streets.
The property owner since then has replaced almost the entire sidewalk on Lee Highway, including connections to the existing curb and gutter. The property owner has also filled in the large excavated area behind the sidewalk on Lee Highway to provide a more even transition to the relocated construction fence. DES continues to monitor the owner’s progress on site improvements.
County Board, Developer Agree Bromptons to be Finished or Demolished
May 19, 2009
Contact: Mary Curtius 703-228-7943 (voice) 703-228-4611(TTY)
ARLINGTON, Va. – Today, the County Board has approved an agreement with Ed Peete, owner of the unfinished Bromptons at Cherrydale mixed townhouse-condominium and retail site plan project at 3800 Lee Highway, that requires him to repair and complete the building on a strict timeline or pay for the building demolition.
The Board approved a settlement agreement negotiated with Peete that determines the fate of the building after years of uncertainty. The Bromptons has stood, unfinished and fenced, since March 2006, when the County issued a stop work order.
“This is an ironclad agreement that eliminates the uncertainty of this project that has become such an eyesore in the Cherrydale neighborhood,” said Board Chairman Barbara Favola. “The settlement assures the community that either the building will be completed within the next year or will be demolished at no cost to taxpayers.”
Highlights of the settlement agreement include:
- The owner will make necessary repairs to complete the approved site plan project and bring it into compliance with the building code within an agreed timeline that balances the complexity of the required re-design and repair with the need to correct the conditions that make the building unsafe.
- The County is authorized to demolish the building if the building re-design and repair does not proceed in accordance with a detailed timeline that specifies each incremental step in the re-design and repair process.
- The owner will set aside $250,000 in escrow for the County to use to cover demolition costs if the building is not finished on schedule. The County has obtained estimates confirming this amount as appropriate for full demolition.
- The timeline requires completion of exterior portions of the building at the earliest possible time so that the community can begin to enjoy the benefits (e.g. sidewalks, street trees) of the approved site plan project soon. The agreement anticipates some work beginning as early as next month.
Background
The County Board approved the Bromptons at Cherrydale site plan project in July 2002. The single family homes and townhouses that were part of the project were completed. Work began on the mixed use building but ran into design and construction problems when it was nearly halfway built.
The County’s Building Official issued the stop work order in 2006 after County building inspectors found serious building code violations. The Building Official followed that action in November 2007 with an unsafe structure notice and order to demolish or repair the building within 60 days. Peete appealed the order, and received an extension of the demolition deadline by the local building code appeals board until late July 2008. No action was taken by Peete to demolish the building however.
In September, 2008, the County authorized the County Attorney to take legal action against the Bromptons at Cherrydale LLC to compel the owner to comply with the Building Official’s order to demolish or repair the building or, alternatively, to sell the property and use the sale proceeds to demolish the building. A suit was filed shortly thereafter and the case is scheduled for trial next week in the Arlington Circuit Court. The settlement agreement makes trial unnecessary. Instead, the settlement agreement will be incorporated into a court order enforceable by the Court.
The settlement agreement achieves the County’s objectives by requiring the repair of the building in the most realistic time frame possible while also ensuring that, if the repair is not diligently completed, the building will be demolished at the Owner’s expense and not the taxpayers.
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