19931026 r-93-44RESOLUTION NO. R-93- 44
A RESOLUTION TO APPROVE THE REQUEST OF HANA ORIENTAL
SUPERMARKET, INC., BY SYNG MAN RHEE, PRESIDENT, FOR SPECIAL
EXCEPTIONS TO CHAPTER 26 OF THE CITY CODE, ON THE PREMISES
KNOWN AS 3250 OLD LEE HIGHWAY, AND MORE PARTICULARLY
DESCRIBED AS TAX MAP PARCEL 48-3-((02))-002B.
WHEREAS, Hana Oriental Supermarket, Inc., by Syng Man Rhee, President, has
submitted application No. SE-108-93-3 requesting Special Exceptions to the City Code listed
below:
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; and
Section 26-39. l(h)(2) To permit a change in use which increases the parking space
requirement by more than 30 percent without the required site improvements; and
Section 26-43(a)(1) To permit display of off-site signage.
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
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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 26th day of October, 1993, that application No.. SE-108-93-3 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-confo~xning 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.
The applicant must immediately notify tlae Zoning Office in the event of any
permanent or temporary cessation of the lease agreement.
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A loss of or the failure to renew the City approved lease for the 45 off-site
parking spaces will invalidate the special exception and cause immediate
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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 applicant's northernmost driveway on Old lee Highway and the adjacent
right-of-way must be improved as diagramed in the Patton, Harris, Rust and
Associates plan labeled Conceptual Signal Modifications, Figure One, which is
dated August 1993, and as approved by the Public Works Director.
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
BAR 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 corner 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.
ALL 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 p.m. and 7 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; provided, however, that
three or more spaces, as approved by the Director of Public Works, may be
used to replace parking spaces lost as a result of the redesigned accessway
onto Old Lee Highway, and an additiomd 900 square feet may be used for
storage.
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 parldng of refrigeration or other vehicles.
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.
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Signage with the word "EXIT" and directional arrows to Lee Highway shall be
posted in the parking areas as approved by the Director of Public Works; and
signage directing customers to use the Lee Highway vehicular exit shall be
installed at the exit doors to the Lotte Plaza Shopping Center and parking
garage.
Parking lot directional markings will be clarified to ensure safety, with
approval by the Public Works Director.
The use of the adjacent property's entrance on Old Lee Highway will be
discouraged.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax
on this 26th day of October, 1993, that application No. SE-108-93-3 be and hereby is
APPROVED.
ATTEST: