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ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 21, 2013 DATE: September 10, 2013 SUBJECT: SP #350 SITE PLAN AMENDMENT for conversion of retail space to a temporary leasing office use; located at 1920 Clarendon Blvd. (The Odyssey) (RPC# 17-012-024). Applicant: Andrew Cretal ZOM Mid Atlantic, Inc. 1054 31 st St. NW Washington, D. C. 20007 C.M. RECOMMENDATION: Adopt the attached ordinance to approve the conversion of retail space for use as a temporary leasing office through June 1, 2014, subject to all previously approved conditions and new Condition #84, as set forth in the staff report. ISSUES: This is a request to temporarily use approximately 2,500 square feet of approved retail space in the Odyssey for a temporary leasing office through June 1, 2014, for two (2) projects: 19Nineteen Clarendon Apartments and The Beacon at 1200 N. Irving St.; no issues have been identified. SUMMARY: ZOM Mid Atlantic is seeking approval for the conversion of approximately 2,500 square feet of approved retail space in the Odyssey (SP #350) for use as a temporary leasing office for two new projects: 19Nineteen Clarendon Apartments and The Beacon at 1200 N. Irving St., both of which are currently under construction. The applicant needs the temporary leasing office for pre-leasing activities while the leasing offices in the new buildings are completed. The applicant anticipates that the need for the temporary leasing office at 1920 Clarendon Blvd. will end in May 2014 and therefore has requested that the temporary use end on June 1, 2014, after which the space will revert back to the approved retail use. There is adequate parking to accommodate the proposed use. Therefore, staff recommends that the County Board adopt the attached ordinance to approve the site plan amendment for temporary conversion of County Manager: ##### County Attorney: ***** Staff: Sophia S. Fisher, DCPHD, Planning Division 6.

retail space or use as a temporary leasing office through June 1, 2014, subject to all previouslyapproved conditions and new condition # 84, as set forth below. BACKGROUND: The subject 2,500 square foot retail condominium is located on the first floor of the Odyssey Condominium (SP #350), which was approved in November 2001 for approximately 306 residential units, 1,500 square feet of office, and 6,800 square feet of retail. The subject space is also within 1,000 feet of the Court House metro station. The subject space was previously occupied by a salon and is currently vacant. The following provides additional information about the site and location Site: The site is approximately 71,242 square feet and is developed with a 15 story, 306 unit condominium building. To the north: Clarendon Boulevard; SP #389 and SP #411, both of which are under construction as of the date of this report. To the west: To the east: Four-story office building. N. Scott Street; residential uses (townhouses, apartment, and single-family homes. To the south: 15 th Street North; the Prime apartment building. Zoning: The majority of the parcel is zoned RA4.8 under the Section 7.2 of the Arlington County Zoning Ordinance (ACZO). The southwestern corner of the site is zoned C-O (Section 7.13). Land Use: The site is designated as High-Medium Residential on the General Land Use Plan (GLUP); the site is also subject to GLUP note #13. Neighborhood: The site is located on the first floor of the Odyssey condominium building, which has submitted a letter authorizing the proposed use. The site is also located in the Radnor Fort Myer Heights Civic Association. Staff contacted the civic association about this request, but has not received any comments as of the date of this report. NORTH SP #350, The Odyssey - 2-1920 Clarendon Blvd Source: Bing Maps

DISCUSSION: The applicant is requesting to convert approximately 2,500 square feet of retail space for use as a temporary leasing office through June 1, 2014. The original approval for SP #350 included approximately 6,800 square feet of retail space; the other portion of the retail space is currently occupied by the Sushi Rock restaurant. The temporary leasing office will be used for pre-leasing activities for two projects that are currently under construction: 19Nineteen Clarendon and the Beacon at 1200 N. Irving St. The leasing activities are scheduled to move to permanent leasing offices inside the two projects once construction has been completed. After the temporary conversion to a leasing office expires the space will revert to the originally approved retail use. The subject space has been vacant for over one (1) year, and the applicant plans to maintain transparency from the street into the temporary leasing office. When the two residential mixed-use projects on the north side of Clarendon are completed, it is likely that the subject space in the Odyssey will have a greater chance of a viable retail use. In addition, using the subject space for future tenants across the street will alert those tenants to the retail uses in the Odyssey. There is adequate on-site parking to accommodate the proposed use. When SP #350 was approved, 16 parking spaces were designated for the retail use. Per the approved site plan, the retail space was parked at a ratio of 1 space/453 square feet. This would allocate 6 parking spaces to area proposed for conversion. In addition, because the site is within 1,000 feet of a Metro station and because the other portion of the retail use is occupied by a restaurant with less than 200 seats, the restaurant use is exempt from the parking requirements. CONCLUSION: The requested site plan amendment for a temporary conversion of the approved retail space for use as a leasing office is not anticipated to cause any undue adverse impacts. The subject retail space has been vacant for over one (1) year, and the site is not currently an ideal location for retail. Having the temporary leasing office in the subject space will help to activate the street and provide an interim use for the duration of the temporary conversion. There is adequate parking to accommodate the proposed use. Therefore, staff recommends that the County Board adopt the attached ordinance to approve the site plan amendment for conversion of retail space or use as a temporary leasing office through June 1, 2014, subject to all previous conditions and new condition # 84, as set forth below. SP #350, The Odyssey - 3 -

SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated July 31, 2013, for Site Plan # 350, was filed with the Office of the Zoning Administrator; and WHEREAS, as indicated in the Staff Report provided to the County Board for its September 21, 2013 meeting, and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Site Plan Amendment subject to all previous conditions and new condition # 84 as set forth below; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment Renewal on September 21, 2013, and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning Administrator, that the improvements and/or development proposed by the Site Plan as amended: Substantially complies with the character of master plans, officially approved neighborhood or area development plans, and with the uses permitted and use regulations of the district as set forth in the Zoning Ordinance and modified as follows: permits retail and office uses; and Functionally relates to other structures permitted in the district and will not be injurious or detrimental to the property or improvements in the neighborhood; and Is so designed and located that the public health, safety and welfare will be promoted and protected. NOW THEREFORE, BE IT ORDAINED that, as originally requested by an application dated November 20, 2001 for Site Plan #350, and as such application has been modified, revised, or amended as set forth in the Zoning Administration records for a Site Plan Amendment for a temporary conversion of approved retail space for use as a leasing office, on the parcel of real property known as 1920 Clarendon Blvd. (RPC# 17-012-024) approval is granted and the parcel so described shall be used according to the revised site plan application, subject to all previously approved conditions (numbers 1 through 83) and with new Condition #84 as set forth below: SP #350, The Odyssey - 4 -

New Condition #84: 84. The applicant agrees that the conversion of approved retail space for use as a leasing office permitted at 1920 Clarendon Boulevard is a temporary use that has been approved for a limited nine (9) month period, and not longer. The applicant further agrees that approval for the use will terminate after a period of nine (9) months, on June 1, 2014 without further action by the County Board. The applicant agrees that it will cease use of the space for the purposes of a temporary leasing office, and shall use the space solely for retail use, convert the space to another approved use, or fully vacate the space, on or before June 1, 2014, unless specific approval for that use is obtained from the County Board. SP #350, The Odyssey - 5 -

PREVIOUS COUNTY BOARD ACTIONS: October 6, 2001 November 20, 2001 December 7, 2002 March 14, 2009 March 13, 2010 October 23, 2010 November 13, 2010 November 19, 2011 January 21, 2012 March 10, 2012 March 16, 2013 Deferred General Land Use Plan, Rezoning and Site Plan Approval requests to the November 17, 2001 meeting. Approved Rezoning and Site Plan #350 approval requests. Deny General Land Use Plan amendment. Approved an amendment to SP #350 to allow approved office to be located in the building s penthouse. Approved the site plan amendment for live entertainment, subject to the proposed conditions, and with an Administrative Review in six (6) months (September 2009) and a County Board review in one (1) year (March 2010). Did not renew the site plan amendment for live entertainment and dancing at Yaku at 1900 Clarendon Blvd. due to lapse of use as of January 2010. Deferred the site plan amendment request for live entertainment and dancing and a sign to the November 13, 2010 County Board meeting. Approved the site plan amendment for live entertainment and dancing. Deferred the site plan amendment for live entertainment and dancing to the January 21, 2012 County Board meeting. Deferred the site plan amendment for live entertainment and dancing to the March 10, 2012 County Board meeting. Adopted an ordinance for renewal of site plan amendment for one year subject to the amended Condition #73 and new Condition #83 of the report, with a County Board review in one (1) year (March 2013). Adopted an ordinance for renewal of site plan amendment for one year subject to the revised Condition #83 of the report, with a County Board review in three (3) years (March 2016). SP #350, The Odyssey - 6 -

RA7-16 WILSON BLVD 2020 C-O-2.5 2000 2001 1919 1891 1889 1887 1885 1883 1881 1879 1856 1877 1875 1833 1831 2021 RA8-18 16TH ST N C-2 N TROY ST 2007 C-O C-2 CLARENDON BLVD C-1 2000 C-2 2000 N TAFT ST 1920 1415 2001 RA4.8 15TH ST N 1900 1536 1532 1528 1524 1520 1516 1512 1508 1504 1500 N SCOTT ST 1808 1834 1828 1509 1510 1505 1508 1463 1459 1455 1451 1504 1447 1443 1439 1435 1431 1427 1412 1423 1419 1415 P-S 14TH ST N 1827 SP # 350 1920 Clarendon Blvd. RPC# 17-012-024 Scale: RA6-15 I Case Location(s) 1:1,200 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed