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19920609 r-92-24RESOLUTION NO. R-92-24 RESOLUTION APPROVING THE REQUEST OF HANA ORIENTAL SUPERMARKET, INC. FOR SPECIAL EXCEPTIONS TO CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA WHEREAS, Hana Oriental Supermarket, Inc., by Syng Man Rhee, President, has submitted application No. SE-89-92-2 requesting Special Exceptions to the City Code listed below: Section 26-39.1(h)(2) - To permit a change in use which increases the parking space requirement by more than 30% without the required site improvements pursuant to Section 26-39.7; Section 26-39.1(c) - To permit off-site provision of required parking spaces where practical difficulties unreasonably restrict the provision of on-site parking spaces pursuant to Section 26-39.7; and Section 26-43(a)(1) - To permit display of off-site signage pursuant to Section 26-48. WHEREAS, City Council has determined that the proposed Special Exceptions are appropriate because the proposal meets the requisites established by City of Fairfax Code Sections 26-39.7, 26-48, and 26-103(c) for the following reasons: The requested parking Special Exceptions will neither cause unreasonable hazards to pedestrian and vehicular safety nor negatively impact the community; The requested sign Special Exception is not inconsistent with the purpose of the Sign Ordinance or the goal of the Comprehensive Plan to encourage well designed and appropriate signage; and The requested Special Exceptions are in keeping with the C-2 Zoning District in which the site is located and will permit reasonable use of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 9th day of June, 1992, that application No. SE-89-92-2 be and hereby is APPROVED, with the following conditions: As determined by the staff in accordance with City Code requirements, a Certificate of Occupancy may be issued for building square footage based on the actual available parking on-site and in the leased off-site parking at Ground Round; and the portion of the building which may not be used must be vacated and shall not be used for any purpose except for mechanical, electrical or similar building support systems and interior parking. With the exception of legally non-conforming spaces, all on-site parking spaces must be striped in accordance with City Code requirements and as approved by the staff. All spaces, both conforming and non-conforming must be striped. The lease agreement for the off-site parking spaces or a memorandum of the lease and all renewals thereto must be reviewed and approved by the City Attorney and recorded in the land records and a copy submitted to the Zoning Office. R-92-24 -2 o 10. 11. 12. 13. 14. 15. 16. 17. 18. The applicant must immediately notify the Zoning Office in the event of any permanent or temporary cessation of the lease agreement. A loss of or the failure to renew the City approved lease for the forty- five off-site parking spaces will invalidate the Special Exception and cause immediate revocation of any Certificate of Occupancy for all square footage authorized for use on the basis of the availability of the off-site parking. Signage reserving the off-site parking spaces for the applicant's use must be installed. Stop signs must be installed at the new access way between Lotte Plaza and the Ground Round. The existing 7-Eleven street opening at the signalized intersection must be improved to accommodate both the 7-Eleven site and Lotte Plaza, and the adjacent Lotte Plaza street opening closed. The Lotte Plaza access must be an entrance only with no exit allowed. An access way between the off-site parking at Ground Round and Lotte Plaza must be installed. During peak hours, including all day Saturday and Sunday during hours of operation, and, as warranted by customer volume, during evening hours, parking attendants will be provided to direct customers to Lotte Plaza parking spaces. The additional landscape materials and screening approved and required by the Board of Architectural Review must be installed. The design and construction of all on-site and street improvements must meet the approval of the staff. A CUE Bus shelter and trash receptacle of City approved design must be installed in the unusable parking place in the southeastern comer of the property and bike racks installed under the canopy of the entrance to be vacated or in some alternative suitable location approved by staff at the time of site plan approval. Trash and debris must be removed from the site daily, and a recycling program instituted as approved by the staff. AL.__~L proposed and required improvements, must be installed within six months of Final Site Plan approval. To prevent noise disturbance in the adjacent residential neighborhoods, the applicant must inform his customers, employees and vendors of the City's sound regulations (Sections 14-16 and 26-50 which prohibit disturbing sounds between the hours of 10:00 p.m. and 7:00 a.m.). No more than 20,700 square feet of retail and/or office space and the use of no more than 26 of the parking spaces leased from the adjacent Ground Round Restaurant shall be permitted by these approvals. Loading docks shall be utilized for the temporary parking of vehicles for loading and unloading purposes and shall not be utilized for the extended, (except in an emergency) or permit parking of refrigeration or other vehicles. R-92-24 -3 19. Parking lot attendants shall be identified by wearing orange safety vests and a Lotte Plaza emblem or comparable identifying clothing strictly for the safety issue. Adopted this 9th day of June, 1992. Il ATTEST: [ City(~2ierkO