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20000328 r-00-12RESOLUTION NO. R-00-12 RESOLUTION TO APPROVE WITH CONDITIONS THE REQUEST OF HANA SUPERMARKET INC., FOR SPECIAL EXCEPTIONS TO CHAPTER 26 OF THE CITY CODE ON THE PREMISES KNOWN AS 3250 OLD LEE HIGHWAY AND 9625 LEE HIGHWAY, AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-((8))-3A AND 2B. WHEREAS, Hana Supermarket Inc., has submitted Application No. SE- 254-99-4 requesting a Special Exception to the City Code sections listed below: Section 26-39.1 (h)(2) Section 26-39.1 (c) Section 26-43(a)(1) - to allow a change in use that increases the parking space requirement by more than 30% without the required site improvements, - to allow more than 15% of the required parking spaces to be provided off-site, - to allow display of off-site signage. WHEREAS, City Council has carefully considered the application, the recommendation of the staff and testimony received at the public heating; and WHEREAS, City Council has determined that the proposed Special Exceptions are appropriate because the proposal meets the requisites established by City of Fairfax Code Section 26-71.2, Section 26-39.7 and Section 26-103(c) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 28th day of March, 2000, that Application No. SE-254-99-4 be and hereby is APPROVED with the following conditions: o o The applicant shall provide landscaping along the Lee Highway frontage in accordance with the requirements of the zoning ordinance. The applicant shall provide three acorn style streetlights along the Lee Highway frontage. The applicant shall provide site improvements as shown on "Expansion Plan for Lotte Plaza" dated March 14, 2000, prepared by Eric C. Snyder, PC, Architects. This approval shall be valid only as long as the applicant controls the use of parking on both the Lotte Plaza site and the restaurant site. Prior to releasing control of parking on either site, the applicant shall either reconstruct the parking garage spaces converted under this approval, convert the land uses to those requiring fewer parking spaces, obtain approval of a new Special Exception from City Council, or some combination of these actions that achieve conformance with the requirements of the Zoning Ordinance. A loss of control of parking shall invalidate the special exception and cause immediate revocation of all Certificates of Occupancy on the Lotte Plaza site. Conditions numbered 2, 10, 11, 14, 16, 18, 19, and 22 from the City Council action of October 26, 1993 shall apply under the revised Special Exception to allow off-site parking. The applicant agrees that all new directional signs shall be bilingual. The applicant agrees to continue its efforts to consolidate access points with Southland Corporation along Old Lee Highway. In the event the R-00-12 -2 o applicant is able to obtain access easements from Southland Corporation, it shall be permitted to consolidate those access points by administrative approval without the necessity of public hearings. The applicant agrees to provide access to Lotte Plaza along its northern faCade, which faces Route 50. This additional access point may be provided in addition to the current access points on the eastern and western facing facades. This access point may be provided without the necessity of public hearings but with the administrative approval of the City of Fairfax. The applicant agrees that said access shall be provided within three (3) years of the date of the approval by the City Council. The applicant agrees to prohibit truck access from Old Lee Highway. Condition #10 of the 1993 approval shall be changed to read: During all hours of operation, parking attendants will be provided to direct customers to Lotte Plaza parking spaces. Adopted this 28~ day of March, 2000. ATTEST: -~y C e~k