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HomeMy WebLinkAboutPermit L97-0074 - WENDYS RESTAURANT - DESIGN REVIEWL97 -0074 wENDY'S RESTAURANT DEVELOPMENT 16200 W. Valley Hwy. City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director July 17, 1998 Gary Gracey Wendy's International 555 South Renton Village Place Renton,.WA 98055 Re: Wendy's Restaurant, 16300 West Valley Highway Dear Mr. Gracey: Thank you for your letter of July 16 concerning the status of approving the freestanding 'menu board' sign and site plan issues. I appreciate your efforts in working with Ruhl -Parr to resolve the minor problems with their site plan concerning the landscaping island that was required by the Board of Architectural Review (BAR). While a seemingly minor detail, the inclusion of the landscape island along the south property line was required by the BAR in their approval of your project. I had requested that the landscape island be included in my written comments to Ruhl -Parr on March 24 and again on July 15. This, and other required revisions related to the BAR approval, were also made in numerous telephone conversations with Ruhl -Parr staff. You can imagine my frustrations when the smallest of details are not correctly carried through to all plans. Unfortunately, I do not have the authority to overlook any seemingly minor details that an elected or appointed official has entrusted me to implement as part of a permit approval. On the issue of approval of the 'menu board', it is my understanding that there were numerous conversations with Deborah Ritter of our office concerning the appropriateness of such a large menu board. The menu board that you have proposed is larger than those typically presented in the City of Tukwila. I personally contacted 6 local sign companies that do work with other regional and national fast food restaurants. Based upon my discussions with these companies, it appeared that your signage was much larger than those typically installed at other fast food restaurants in Tukwila. Accordingly, resolving your request in a manner that was equitable to past and future fast food restaurants was our focus. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 S',', z Wiz• rt Uo. 0 • t ,Ww J u. wO =a z� I- 0: wF7 • 0 • co, 0 1- w uj • U'. — o: ui z� U u: O z July 17, 1998 Gary Gracey Re: 16300 West Valley Highway Page Two However, it is my understanding that the 40 square foot threshold for internal z information signs has been favorably resolved. Your application for the 43 = I. square foot 'menu board' will be approved, on the condition that the board is not W oriented to a right -of -way and that it meets any structural review requirements for 6 appropriate footing. If this was not clearly stated to you in your conversations c o with Jack while I was on vacation, please accept my apologies. ± w i- On the issue of the review of your 'menu board' at the Design Review hearing, W o we typically do not include incidental signage during this type of review. We did 2 include a brief mention of the freestanding sign on West Valley Highway. Such ga u_ a mention during a hearing will be made if material use, placement and /or _ d, development standards are germane to the design review. As you may recall, x w; no information on either the 'menu board' or the freestanding sign was included z 1— with the original application materials. Only the freestanding sign details were z o. included on the final submittal submitted to the BAR, based upon my request ILI �. following our January 23, 1998 meeting. Your final submittal only included a 0 mark on the site plan for where the 'menu board' would be located. This plan ;oo --' was reviewed by the BAR as Attachment E to the February 19, 1998 staff report. w W' I LI z, w = U P. ~. z Frankly, I was somewhat surprised by the seemingly adversarial tone of your letter. The City of Tukwila has made numerous efforts to facilitate the processing of your land use and developmentpermits, including favorable interpretation on calculating required parking, shared access, shared parking requirements and the use of a drive through for a required loading space. While we have been stringent on issues surrounding use of building materials, appropriate drainage and quality of construction, these standards are equally applied to all new development that occurs in Tukwila. �4 I will discuss the remaining issues with Deborah Ritter concerning approval of your 'menu board'. It is my understanding that there are other requirements to be resolved prior to the issuance of your building permit. I believe that the permit for the 'menu board' will be ready within the next few days. Sincerely, AeLA. -1 Michael Jenkins Assistant Planner cc: John Moran 4UL -16 -98 THU 15:49 WENDYS INTERNATIONAL FAX N0. 206 226 7240 P.01 July 16, 1998 Mr. Michael Jenkins Assistant Planner City of Tukwila. Department of Community Development 6300 Southcenter Blvd. Tukwila, WA 98188 Re: Wendy's Restaurant Permit #D 980072 16200 West Valley Highway Tukwila, WA Dear Mr. Jenkins: This letter is being written in regards to the size of our proposed exterior menu board for the above referenced site. On July 9th, I had a telephone conversation with Jack Pace regarding our project. I had called Jack to verify whether there were any outstanding Planning comments for our project and to also discuss the fact that our exterior menu board was apparently larger then what the City of Tukwila would allow. In regards to the outstanding Planning comments, Jack was kind enough to fax me your comments dated June 16, 1998. I have forwarded them to my Architect' for their immediate action. Please note that sheet 1 A was only to be considered "an informational sheet" and even though the Architect failed to show the added planter on the south property line, it really should not matter. However, the landscaping plan should have been revised to show the added planter and both drawings will be corrected and reissued to the City. In regards to the exterior menu board, it is my understanding that Jack Pace has already given you direction to approve our menu board. However, apparently when Jack checked with you regarding this issue, you conveyed to him that you were waiting for me to send you a Letter stating our concerns. Consequently, I have reviewed the "Code Interpretation" regarding the size of "Internal Informational Signs" that you sent me on June 2, 1998 and wish to make several comments. First of all, it is my understanding that until the "Code Interpretation" was made on February 24, 1998 that the current Tukwila Zoning Code did not specifically limit the size of exterior menu boards. However, as part of our Design Review Process, Staff determined that there should be something in the Zoning Code which determines the maximum size of "Internal Information Signs ". However, I want to point out that Wendy's should be considered grandfathered to the existing Zoning Codes as we had already started the permit process in November 1997. WENDYS INTERNATIONAL, INC. / 555 SOUTH REN7ON VILLAGE PLACE, SUITE #200, RENTON, WA 98055 / 425 -235 -8570 / FAX 425-226-7240 ,. JUL -16 -98 THU 15:49 WENDYS INTERNATIONAL FAX NO, 206 226 7240 P.02 Also, during the several meetings with Jack Pace and yourself prior to our Public Hearing on February 27,1998, nothing was ever mentioned regarding the size of our exterior menu board. Furthermore, during the Public Hearing the Design Review Committee did not mention anything about the size of the exterior menu board, even though your office had made a "Code Interpretation" regarding this issue on February 24th. if Staff seriously wanted to reduce the size of our menu board, 1 believe it should have been discussed at the Public Hearing which did not happen. Also, please understand that National Companies which build multiple units every given year, have standardized the size of certain equipment which would include signage. Otherwise,.every single project would be different which would lessen customer recognition of that business, it would increase Development Costs, and would also make the maintenance of signage and /or equipment an absolute nightmare. Consequently, our exterior menu board is +/- 42 to 43 square feet depending on the manufacturer. However, the internal display for the Menu Information, electronic scoreboard, etc. are standard for each manufacturer. Furthermore, due to the fact that thc, mcnu boards are placed at the edge of the drive thru lane, it is not unusual that sometimes they gethit by an automobile or even vandalized. Therefore, it is imperative that our manufacturers keep to a standard size so that parts can be ordered and delivered in a timely manner when the need arises. We also need to be able to use the same size Menu Information in all stores, as products change. Consequently, I am requesting that our previously submitted exterior menu board be approved for this project. Finally, please feel free to contact me if you should have any questions. Sincerely, Garry L. Gracey Construction Manager cc: Jack Pace John Moran .„,'�\ " A F F I D A V I T O Notice of Public Hearing Notice of Public Meeting Li Board of Adjustment Agenda Packet Q Board of Appeals Agenda Packet Planning Commission Agenda Packet Q Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: Q Notice of Application for Shoreline Management Permit QShoreline Management Permit L Determination of Non - significance f Mitigated Determination of Nonsignificance O Determination of Significance and Scoping Notice fl Notice of Action Official Notice Other El Other r F was mailed to each of the following addresses on rl`gc i2,,nd4c2 bko_AQ-Cclz-ix q .ikiot6-ecie, A ccou-avi-n ba.wn \-;0\c-eyz t,t)&r\clAp Ik,friencL4 06442-1--t 16AG‘WI n Aitel.r) ki-J)1:1)"ee Name of Project Signature za,n1,„leck 1 To: City of Tukwila la John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF DECISION February 27, 1998 Wendy's International (applicant) Peter Dierickx (owner) King County Assessor, Accounting Division Parties of record (See Attached) This letter serves as a Notice of Decision and is issued pursuant to TMC 18.104.170 on the following project and permit approvals. At their February 26, 1998 hearing, the Board of Architectural Review approved the Design Review application for a 3,025 square foot restaurant. This decision was in support of staff findings and conclusions. The BAR also approved the following conditions: 1. A pedestrian path between the BP and Wendy's shall be established. 2. The landscape plan will be revised to include additional planting in the parking lot island along the south property line.. 3. The landscape plan will be revised to complement the pattern established by the BP station, in that the only type of tree allowed adjacent to the City Trail will be Douglas Fir and all street trees along West Valley Highway will be Green Ash. 4. Only solid color, non - variegated brick shall be used along the building facade. 5. An additional luminare shall be installed on the light pole closest to the garbage /recycling area. Attached to this document is the plan that shows the approved configuration. PROJECT BACKGROUND a. Project file number: L97 -0074 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 : 0 0: • o.. U) =: • u. W O =a W z� E-0, Z t—. 111 u 2 O N, 1-`.+p w w' F • 0 w ..z: U =, z 1 February 27, 1998 Notice of Decision L97 -0074 - Wendy's The name of the applicant who is also the current property owner(s): Peter Dierickx c.. Project Description: Textual description as well as 8.5" x 11" site plans, building elevations and other appropriate characteristics. Plans are attached Project location: 16200 West Valley Highway The permits submitted concurrently with this application: SEPA Checklist (E97 -0037) Environmental threshold determination (if any): DNS Property owners affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Appeals from planning commission decisions must be filed within 14 days, starting from the issuance of this Notice of Decision. The administrative body hearing each appeal is the City Council. All appeal materials shall be submitted to the Department of Community Development. Appeal materials shall contain: 1. The name of the appealing party, 2. The address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to received notices on the appealing party's behalf, and .. .. ..,. � February 27, 1998 Notice of Decision L97 -0074 - Wendy's 3. A statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. ' The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. Project materials including the application, any staff reports, and other studies related to the permit(s) are available for inspection at the Tukwila Dept. of Community Development; 6300 Southcenter Blvd.; Suite 100; Tukwila, WA; from Monday through Friday, between 8:30 AM to 5:00 PM. The project planner is Michael Jenkins, who may be contacted at 206 - 433 -7142 for further information. Parties of Record Dawn Hover Wendy's International 19651 S.E. 29th Issaquah, WA 98029 Garry Gracey Wendy's International 555 S. Renton Village Place, Suite 200 Renton, WA 98055 John Moran Ruhl -Parr 3625 - 132nd Ave SE, Suite 100 Bellevue, WA 98006 �z. :0 0 w w; ALI J Hf N LL' gad`,. J1 •LL< rn • • _, • z 1. :w w; • 10 cot: • w w •• =01. .0 , Z „lab! an ma.n1 .1 arMM�mc.+.n�i (Fj�M..��y� lig 011 pal )7u Bei I'IIIfl."' HSI-K0114 SO W.. 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POLL11.111:0 WW1 I W.NY Y 4b M RECEIVED CITY OF TUKWILA , B PERMIT CENTER • :_ \ wi••, `w- +.�.�- ,.r.r..,. .7 71 •wawa a .wr • ,a.,mn • • nun gh � tT (� 3 3 ilk �cq 3af !� f .) y +�; j 11 6 —yp �{ d C � p7 u a� 4100000 PIVId 1N3Wdif1J3 314.11 Iii w•wIr Wr 00 ••• wk WI o .rwvr�.r...n w+r 3 I'�' .war.eu MINI (�rnrt S,{'`y �K" .wr . rw ••• 1 0 z ��, RECEIVED CITY OF TUKWILA PERMIT CENTER .45, I �1 t I 1 1 1 °I` 'u ,OLLY . '.LMM 11 ,I &o 'Leta::LFin..°ritu x !A I me oovi :� 1- 0..----.., yd 1.11 �. s o ..n ,.L p ,� etz ▪ . .__ 1 1I 9i du •`-� ___1 Mall ' �t" \ il 14 • ..o ].m wa...t % ' 14y R j H 39 �' N � . 1 9 J lei= `.., 11 11 \\t1 ,, 1 ■ �� -- --- - -- 1x,11 ‘ 1 1' 1;I ° \. I 1 1 t. M ,P1,4LL13 N I 1 III �. 11'11,14 1` a .$n '1 05 1 : � L maa r 1 11\1 I' 111 z It I I 11 111 °'m I ,. 11, 1 I `1 Q �; 'at I I8L I 3 1Ap. 1g1 " lm 1 2 z It 11 11 1 11 I I I a 1 111 r 1 nt- I-, I ..].tt.t..ti�"�,a,'°"t°„`„]�; t$1 11 1 —1 I— W4-1'— I I b�1-41iw�11 66 b Ll� 8e, 5Sb 3 ;i saa ; . z ~N/y w LQi JU U 0; U O` W ='. J W 0, ¢J:. d. W Z 1•-. 1— 0 Z 1— , n' U 0' 0 N; w' . U` -LL: o • Z' U 2: 0 I— z. RECEIVED CITY OF TUKWILA FEB 619 PERMIT CENTER City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director ,L>,_,:—.,.., .----------- -- ----7 --------- - 1 Kr :c-c-;--. co P.1 '_-_- STAFF REPORT TO PLANNING COMMISSION HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: OWNER: REQUESTS: ASSOCIATED PERMITS: PREPARED FEBRUARY 19, 1998 February 26, 1998 On December 12, 1997 staff mailed Notice of Application to surrounding properties. Notice of Hearing was posted and mailed to surrounding properties on February 12, 1998. Notice of Hearing sent to Seattle Times for publication on February 12,1998. L97-0074 - Design Review Wendy's International Peter Dierickx Design Review approval of a 3,025 square foot restaurant Development Permit Flood Control Zone Permit LOCATION: 16200 West Valley Highway DEVELOPMENT AREA: 36,151 square feet COMPREHENSIVE PLAN DESIGNATION: Tukwila Urban Center (TUC) ZONE DESIGNATION: Tukwila Urban Center (TUC) SEPA DETERMINATION: DNS STAFF: Michael Jenkins 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax- (206) 431-3665 Staff Report to the Planning Commission ATTACHMENTS: L97 -0074 Wendy's -16200 West Valley Hwy. A. Wendy's Site Plan B. Parcel Site Plan C. Building elevations D. Landscape Plan E. Site Details F. Colorboard (presented at hearing) 2 • •ZI • • rt. ?i • ;VO■• •. N pi ;U) 11J; N � •W • • }} r�. IL Q I- "01 • ;D p„ V • col• .0 Hs • U; • 0 I- Staff Report to the Planning Commission Wendy's -16200 West Valley Hwy. L97 -0074 FINDINGS 1 VICINITY /SITE INFORMATION Project Description w': The applicant is requesting Design Review approval for a 3,025 square foot restaurant with drive- through window. 0 0 cn w: Existing Development • -I tt- w 0" The site is currently vacant. g Q. Surrounding Land Uses _ t_w The site is located in the Tukwila Urban Center, as well as all adjacent properties. The site is also located on the city trail. z Og wuj 0: 0t—.. The project is located on the same parcel as the Southcenter BP project, approved by the w w' board of Architectural Review (L96- 0079). The owner of the parcel has filed for a Short t=— �? Plat on this project, which has not been recorded, to create a separate lot for Wendy's. ! O U� BACKGROUND DESIGN REVIEW CRITERIA 1. Relationship of Structure to Site. a. The site should be planned to accomplish a desirable transition with streetscape and to provide for adequate landscaping and pedestrian movement; b. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas; c. The height and scale of each building should be considered in relation to the site. Attachment A is the site plan for the project. The parcel, to be created following the 54 a.cu #5, recordation of a Short Plat, is required to share access with the adjacent BP. This shared u.y 9,9 • access is required as West Valley Highway is a State Route, with the Washington State Department of Transportation (WSDOT) limiting access to one driveway per parcel. The *LA m,im,u,,,t. project includes the required minimum of 37 on -site parking spaces. The applicant has P�q ww4- indicated to staff and on their plans that they plan on sharing parking with the adjacent o K ti eta, BP station, specifically those spaces adjacent to the City Trail. On -site parking is located '1 «it; , ( to the west, south and east of the proposed building. The north portion of the site will be 12,0.47-/ cevc ''& used for a shared access driveway and a drive through area. The applicant has indicated cet'- $P to staff that the drive through area will be used as a loading space, but has not been indicated on Attachment A. • T) vcVG (WVOLto(i4 .l.o ic. ckIec& oa c '1 3 Staff Report to the L97 -0074 Planning Commission Wendy's -16200 West Valley Hwy. 0.440k Ltitf-A-e- 4IZ'1 t—tq wa-- 61 The building is similar in height and proportions to the adjacent BP service station. Attachment B is a Site Plan that shows the entire parcel, including the 13P project. The proposed Wendy's is similarly situated to the Car Wash, although the Wendy's is located further away from the side property line to accommodate on -site parking requirements. West Valley Highway is dominated by one, two and three story buildings, with the exception of the Embassy Suites Hotel and the recently approved CSM Hotel, both located directly to the north of this site. Pedestrian access is included from West Valley Highway as well as from the City Trail. The building meets setback requirements, with a 15.5 foot landscape border included along West Valley Highway. 2. Relationship of Structure and Site to Adjoining Area. a. Harmony on texture, lines and masses is encouraged; b. Appropriate landscape transition to adjoining properties should be provided; c. Public buildings and structures should be consistent with the established neighborhood character; d. Compatibility of vehicular pedestrian circulation patterns and loading facilities in terms of safety, efficiency and convenience should be encouraged; e. Compatibility of on -site vehicular circulation with street circulation should be encouraged. Attachment C are elevations for the building. At 17. 5 feet, the structure is within the 115 height limit in its zone. The building will be faced with a combination of brick, Concrete Masonry Units (CMU) and ceramic glazed tile. The site plan includes the minimum 15 foot front yard landscape requirement for uses in this zone. Additional landscaping has been provided within the site and against the City Trail. As referenced, the project will be sharing access with the adjacent BP station, due to WSDOT requirements. The applicant has indicated that a Shared Parking agreement will be entered into between owners of the BP station and Wendy's, although the project meets minimum on -site parking requirements for this use. The project does not currently include defined pedestrian access between the two parcels. ,U -+441 `tk 4 • {:� z = f- �w re 2 6 U0 co o. u� w wz J1, w 0' N d F-= Z 0: w uj D0 U(0 0 F—. ww U sui z, U �; O z Staff Report to the L97 -0074 Planning Commission Wendy's -16200 West Valley Hwy. 3. Landscaping and Site Treatment. a. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced; b. Grades of walks, parking spaces, terraces and other paved areas should promote safety and provide an inviting and stable appearance; c. Landscape treatment should enhance architectural features, strengthen vistas and important axis, and provide shade; d. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating steps should be taken; e. Where building sites limit planting, the placement of trees or shrubs in paved areas is encour- aged; f. Screening of service yards, and other places which tend to be unsightly, should be accomplished by use of walls, fencing, planting or combination; g. In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone or gravel may be used; h. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible with the building and adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and brilliant colors should be avoided. Attachment D is the landscape plan. The site is generally flat throughout. The landscape plan includes the following elements: C• Continuation of street tree planting by BP along West Valley Highway A bioswale, designed to provide required water quality features, Trees used to mark sidewalk access near proposed north side entry. Shrub plantings to mark entrance to trail • G;oe—TAAm (4-*11:;* Vair y‘ (Li aA T14a [h t rjeat_ Evergreens trees to screen garbage /recycling area The lighting plan for the site has been included Attachments A and B. Details for the light pole and garbage /recycling area are included in Attachment E. The light pole details on Attachment A show a 30 foot pole on a 2 foot base, although the light poles approved for the adjacent BP site are 20 foot with a 3 foot base. Additional security lighting has been indicated for the rooftop on the east side of the building, although there is limited lighting over the garbage /recycling area and the southeast corner of the site. Partial rear yard landscaping is included, yet the choice of species is different than the Douglas Fir (Pseudotsuga Menziesii) border along the City Trail and the Green Ash (Fraxinius P. Marshall Seedless) for street trees approved for the BP station. 4. Building Design. a. Architectural style is not restricted, evaluation of a project should be based on quality of its design and relationship to its surroundings; b. Buildings should be to appropriate scale and in harmony with permanent neighboring developments; ��'�"%, 5 /', , -3 ..Q cyl %Pi vvtd4- awl VIA" itpr.t I) -t oIck r �L (xeoc „PAN ecio Ic` � t)ty Staff Report to the L97 -0074 Planning Commission Wendy's -16200 West Valley Hwy. c. Building components such as windows, doors, eaves, and parapets should have good proportions and relationship to one another. Building components and ancillary parts shall be consistent with anticipated We of the structure; d. Colors should be harmonious, with bright or brilliant colors used only for accent; e. Mechanical equipment or other utility hardware on roof, ground or buildings should be screened from view; Exterior lighting should be part of the architectural concept. Fixtures, standards, and all ex posed accessories should be harmonious with building design; Monotony of design in single or multiple buildings projects should be avoided. Variety of detail, form and siting should be used to provide visual interest. f. g. Attachment C are the building elevations. Attachment F is a colorboard showing samples of building materials, which will be presented at the hearing. The proposed Wendy's is similar in height to buildings on the south, north and west. The building is predominately faced with a solid colored brick veneer, with split -face CMU banding around the base of the building. The use of a solid, non - variegated brick with CMU banding is atypical of the 2 other Wendy's Restaurants in Tukwila. A red tile border wraps the building midway on the facade, with red tile also used to mark the walls around the front and side windows. Gray tile is used on the north facade around a signage area. A copper metal fascia system is also included along the front of the building and leading portions of the sides of the building. A combination split -face CMU and metal fascia is used to establish a parapet for the building. fr As referenced in applicant's plans, there are bands of windows along the front and side portion of the restaurant, primarily located on the front half of the building nearest to West Valley Highway. Additional window space is located near two drive- through order stations, both of which are located on the north side of the building. Additional detailing to the facade is provided through the use of a six foot red tile band rising vertically along the corner portions of the building. Decorative copper - finished lighting standards are also applied on the red tile band wrapping around the building. 5. Miscellaneous Structures and Street Furniture. a. Miscellaneous structures and street furniture should be designed to be part of the architectural concept of design and landscape. Materials should be compatible with buildings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale; b. Lighting in connection with miscellaneous structures and street furniture should meet the guidelines applicable to site, landscape and buildings. The freestanding sign, as indicated in Attachment C, includes a 2 foot, 10 inch base constructed of split -face CMU. A four space bicycle rack is located next to the south side entrance. Miscellaneous signs will be located on the property to direct automobiles to the drive- through and adjacent parking areas. s fa* r- ti 1 u at If° a ►' l 7ifi uuL ( Ufa V -et PIc �GN7 6 ��� Staff Report to the L97 -0074 Planning Commission Wendy's -16200 West Valley Hwy. CONCLUSIONS , pursuant to Tukwila Municipal Code (TMC) Section 18.108, hereby makes the following findings and conclusions under the city's Design Review Criteria (TMC 18.60.050): DESIGN REVIEW CRITERIA: (1) Relationship of Structure to Site. 4'�The parcel will be created following approval of a Short Plat. Vehicular and pedestrian access is cLv tv& provide from right -of -way and the City Trail. The project meets minimum parking requirements. 1 : u� t a-1 ' The required loading space has not been indicated on the plans. Pedestrian access between qtr• optional off -site parking and the site has not been adequately established. The project is consistent with other developments both on -site and in the surrounding area. acct1 • �vyvl ` it Relationship of Structure and Site to Adjoining Area. 0 4V" The structure meets development standards in its zone. The building uses materials consistently. Shared parking is permissible but not required for this project, however pedestrian access lcci- between the site and shared parking is deficient. ferH `y (3) Landscaping and Site Treatment. Oi tiAM Or Landscaping is provided that meets code requirements. A variety of planting types are provided to provide visual interest. The landscape border along the City Trail and the street trees along Ay - - West Valley Highway do not complement the plan approved for the adjacent BP. A lighting plan &4-f���` is provided that meets city standards, although the light poles are taller than those approved for the BP station. Additional landscaping could be accommodated within a parking lot island 0 y�dyt r where a transition occurs along the south property line. la' ov.ii'h (4) Building Design. co - 0' choice of materials are of a high quality and will complement the adjacent BP station. The -1 application and variety of materials will provide visual interest for the building and will adequately provide relief from massing. The choice of brick and CMU in alternating horizontal 00(u" patterns will provide visual interest. The use of a solid, non - variegated brick facade with CMU -flew' banding gives this Wendy's a unique appearance. the consistent use and application of building materials defines and distinguishes the building facade. Rooftop mechanical equipment have not wall/ been shown on the plans. C` r1 ��y -App, t,i -xhw 7 t't4 - ° F Cr vt--..i 9 e.,,--1 -4-. v, , IAA I K 4-e--A--'e 41-,fe- CUtA414 -f cc -cae%- 0. -Th," 1 v° eoweA t el 7 ` c' Ttiv7-0q , 4 IA Ta144. .1 z =Z w 6 UO coo, cnw w z: — 1-• w. w O. u_ ¢ c.12 0. • I-w • wo U� O I- wuj Z U =; z . Staff Report to the L97 -0074 Wendy's -16200 West Valley Hwy. Planning Commission (5) Miscellaneous Structures and Street Furniture. The planter base is appropriate for the sign and will provide added value for the site. The height and dimensions of the freestanding sign appears to meet the requirements of the Sign Code, however a separate permit will be required. The bicycle space is appropriately sited and provide spaces in excess of code requirements. RECOMMENDATIONS Staff recommends approval of the Design Review permit, with the following conditions. 1. A pedestrian path between the BP and Wendy's shall be established 2. The landscape plan will be revised to include additional planting in the parking lot island along the south property line. The landscape plan will be revised to complement the pattern established by the BP station, in that the only type of tree allowed adjacent to the City Trail will be Douglas Fir and all street trees along West Valley Highway will be Green Ash. 4. Only solid color, non - variegated brick shall be used along the building facade. All rooftop equipment shall be screened and setback at least 10 feet from the roofline, in `� support of TMC 18.50.0800 ,] An additional luminare shall be installed on the light pole closest to the garbage /recycling area. 8 . QzQ ; z re 2 D JU I CO 0Y .CD w WI • J F-; W 0: ' J =d F.w,. z � O z ▪ w,. D• o 0 I—. w W =V LL Or. 111 Z 0 =. H OH z CITY OF TUKWILA Department of Community Development Building Division - Permit Center 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 REVISION SUBMITTAL DATE: 1' Z" I1' -1 g . PLAN CHECK/PERMIT NUMBER: PROJECT NAME: W EIN PROJECT ADDRESS: i to 2o0 /'t/, CONTACT PERSON: Lk REVISION SUMMARY: 1 -Byrn :z ( `1 'loo 7 PHONE: L-)2.' • 6 (-1 LI � 1-1coU RECEIVED CITY OF TUKWILA SHEET NUMBER(S) E B 1 1 199s PPRMIT CENTER "Cloud" or highlight all areas of revisions and date revisions. SUBMITTED TO: 44 hate/ j2 KI CITY USE ONLY 3/19/96 " z z D. oo CD w: J l- wO g Q; = a. i. I_ o: O W. 0H W W Hof — O� liJ Z ` U w. H - O z CITY OF TUKWILA Department of Community Development Building Division- Permit Center 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 REVISION SUBMITTAL DATE: e /gcct PLAN CHECK/PERMIT NUMBER: L 97 - 007 PROJECT NAME: Ct_., tOY S f eS-- C /_`VI,b.,J7 PROJECT ADDRESS: CONTACT PERSON: c Y)44IJ 1.4 cA2AL e. PAM rc REVISION SUMMARY: 3(Z"� Pt 134-4 IC &Vt S00 -Cc 400 L4 > w SCA re A LCD -. )& Io U IS LL G 'T∎2 (C._. C , 0. 15)(5c 4- Ai 00/7-( �-t c L , /(E LJISfcbi e oat 1,ot.S PHONE: 'fZS'- G /'-/- t {GGG T)14S ‘-1 Cat.12 -QL_ 012006 . AY-Jr 44 1 14C - {'kr1 C' SHEET NUMBER(S) / ) l A ) Z 4. 7 y ) .5 "Cloud" or highlight all areas of revisions and date revisions. 1.4 • tee yi51ads AgrLE u . e"k,CVF11-( TNPT CLo C.d, J - SUBMITTED TO: II ECt4A ' _ rJaI K(NS Tif c cr RECEIVED CITY OF TUKWILA FEB 0 6 1998 ■ 1/ CITY USE ONLY , 3/19/96 City of Tukwila John W. Rants, Mayor Department of Community. Development Steve Lancaster, Director January 24, 1998 Gary Gracey Wendy's International 555 South Renton Place, Suite 200 Renton, WA 98055 Re: L97 -0073, 16200 West Valley Highway Dear Gary: Thank you for meeting with Jack and rnyself yesterday. The following are a list of issues that were resolved at this meeting: SITE PLAN • The city will calculate the parking requirements for fast food restaurant based upon the dining area and the hallway only. • The parking requirements for the kitchen area will be computed under the requirements for commercial space. • A parking space will be removed to better define trail access • A loading space will be required and may be shared with the drive through area, as Tong as all deliveries take place outside of operating hours. • The required bicycle parking will be located adjacent to the south building entrance. • The bioswale, which is not required but is optional, will remain in its present location. • Trail access, with additional rear yard landscaping, will be improved and located on the north portion of the parcel. • The drive through and stacking area should be clearly marked through painting or use of alternative paving, or a combination thereof. BUILDING DESIGN • A stronger base for the building through additional use of existing materials. • Additional use of horizontal CMU banding on the facade. • Additional detail through use of existing materials on side of building facing trail. • Drawing details of garbage enclosure. • Use of copper roof treatment in lieu of colored tile work near drive through window pick -up. • Use of building materials (brick, CMU) to create new base for Freestanding sign. • Only one wall mount sign is allowed • 4 directional signs are allowed, not to exceed 4 square feet per face for freestanding or 6 square feet for wall mount 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 January 24, 1998 Gary Gracey Re: L97 -0073 Page Two The changes indicated above also address and resolve the need for shared parking, as the minimum parking requirements for this site will be approximately 34 spaces. We believe that the changes detailed above will improve the project, in support of the design review process. These revisions should be submitted as changes to the full -sized plans and PMT reductions, with 12 copies provided, by February 6, 1998. If you have any questions, feel free to contact us at 431 -3670. Sincerely, . Michael Jenkins Assistant Planner Jack Pace, Planning Manager John Moran, Ruhl -Parr and Associates James Anderson, Ruhl -Parr and Associates Dawn Hover c: \msoffice...98letter \9774iss4.doc . , ,..... .,. •,: = a W` 2 D _J 0, '00_ 1 . cow: ' W W Of gQ -a. z I—;. 0. z� 2 D,, ;0 !W W: Z V; z: N:. O z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director January 21, 1998 James Anderson Ruhl -Parr and Associates 3625 - 132nd Ave SE Bellevue, WA 98006 Re: Freestanding sign Thank you for the drawing for the proposed freestanding sign. The site is allowed a freestanding sign for Wendy's but it must met several requirements under the city's Sign Code. Tukwila Municipal Code (TMC) 19.32.140(d) indicates that a freestanding sign may not be taller than the building and the height of the sign must equal the setback from all property lines. Based upon the drawing you sent, the sign appears too tall and it's location may have to be moved to meet setback requirements. In addition, the sign will be included as part of the design review for the project. For the purposes of this proposal, how the support for the message area is designed to complement the building, including the use of materials, will be the method to evaluate the solution for the freestanding sign. A separate sign permit will be required for any signs, submitted separately and after the building has been approved. Sincerely, iteZ-4 Michael Jenkins 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 'Rnh1oP scj madatem Architects Planners A Professional Service Corporation January 20, 1998 97- 605/X01 .::INTO ..JA.N • 2 2 1998 .CO. CMM1UN, T Y DEVELOPMENT Mr. Michael Jenkins Dept. of Community Development City of Tukwila 6300Southcenter Blvd. Tukwila, Washington 98188 . .Wendy's Tukwila 16200 West Valley Highway Design Review L97-0074 Dear Michael: In an effort to be doubly sure the pole sign is included in this Design Review process, we have included a copy of the pole sign drawing and a partial site plan indicating its location on the site Please call if you have any questions or comments regarding this matter. Sincerely, .RUHL-PARR & ASSOCIATES • Ja , es L. And on oject Architect Enclosures 97600/05 x01 Ur to jenkins re design review 012098.wps Newport Corporate Center • 3625 132nd Ave. S.E. Suite 100 • Bellevue, WA 98006 -1399 • (206) 644 -4000 • (206) 643 -4115 FAX ' -04 -97 TUE 10:35 7 6' -4" 2' -2" WENDYS INTERNATIONAL FAX NO. 206 226,7240 7' - 31/2" NATIONAL slaty SYSTEMS 855 Grandview Ave., Columbus, OH 43215 614 486-3338 / 1 500 544 -6726 FAX 614 486 -0038 P. 02 PRODUCT FEATURES ■ Double faced extruded aluminum cabinet. • Embossed polycarbonate pan faces- * Formed ABS pole cover w /copper inset. ► High-output illumination - 800 milliamp. FOUNDATION REQUIREMENTS: Concrete Base - 3'-0" D1a. x 5' -0" Deep, (Foundation specifications subject to Local soil conditions and code require- ments,) Direct burial installation. PLEASE NOTE: • DRAWING NOT TO SCALE • 001-ORB ARE REPRESENWIVE ONLY \"J eNO9' S TU k-W I LA g? -(ooh 1 ///019% —raw ' DSk4 r�mt.l !` I.ofr.oc , 8G I%4 Ez4, 13 \VIN c.1. 1,4 Q el,s= Inc �QN • r = (� 12-g 2 .I. SKI 4.1,0 16 i3 • 4X6$ 1-) 3 2X h- r= 146_416 7 I1', /, vP∎4:7 1-= (.2,-KXI ‘) = S1 4 7 IDI Kl' At-T NONCONSTRAINED FLAGPOLE EQUATION 1994 UBC 2907. P = APPLIED LATERAL LOAD (POUNDS) S1 = ALLOWABLE LATERAL SOIL BEARING PRESSURE (TABLE-29 -n) b = DIAMETER OF ROUND PIER OR DIAGONAL OF SQUARE h = HEIGHT d = DEPTH OF EMBEDMENT IN EARTH (NOT GREATER THAN 12 CONDITION 1 P (POUNDS) 81 (: /SF /FT DEPTH) b (FEET) h (FEET) A = 2.34P/S1b d = (FEET) 3200 400' 3 300 ''1,37 17 6.24 3C 14.32 re aa2 JU UO ■ o a)w; w tL ‹ .Na' z; o! Z ww o. Z • • 0. Z \40.3044 s "T"ug.wILA °)7-(06.5' ti/(of I 4 KA P,z- P't _ 2,' Ps-1 F1: GO K's As 12`p = I.12 IN Z ON N) t4, 1 Kit C. Lx. (4LA T D) . ,/i5. CotA K% SIGtS «P4F-r V INITRICamimmarimml NMI 11.1 CJ % E or (6) 41(0 6061K, L j4 _& (,ONV C.3 W/ 11-31i s 0 C' la"t .4 Q ef,,.t.. Q Tor' 1 1' 4sC F 4- f'ivo- n1 S - ;� z a :..t -z• :6 • JU; • 'U 0. • N. .WI. w O{; gyp; =a W: _.. z �. la uj; • ,D ?w W; V( uiz 0~ z MEMORANDUM TO: File FROM: Michael Jenkins DATE: January 20, 1998 RE: Wendy's site plan/parking issues Following my meeting today with Jack, the following are a list of outstanding issues to resolve prior to a hearing: • One loading space is required it • 2 bicycle parking spaces are required taneA uji v ;CAA, v-••• ‘44 • Parking will be calculated based upon the food consumption area only and not the entire store, pending approval from the Director sr• A minimum of 30% of site can be dedicated to compact cars • Building must meet ADA requirements, including 2 parking spots, but spaces can be moved along proposed frontage • Bioswale will be maintained f,• Trail access, with landscaping, should be provided • Sign too large and should have a base that matches building • Incorporating the garbage/recycling area into the footprint of the building • Improved marking of drive-through In addition, the applicant is apparently willing to discuss changes in the design treatment for the facade cAmsoffice\winword\memo\9773issu.doc e- 4eAl AVA qLj Trio ele-Pte‘t oti c (4.1- Lin eoet -1-k1 9 et-LP-co< City of Tukwila Department of Community Development January 14, 1998 James Anderson Ruhl -Parr and Associates 3625• - 132nd Ave S.E., Suite 100 Bellevue, WA 98006 -1399 John W Rants, Mayor Steve Lancaster, Director t d I (IN let u-A-• ,e9d / LAA- 4-..l ccee.lc4V p ccvlc. c2, nn J ., lest - rvet e.�,4—, Re: Proposed Wendy's, 16200 West Valley Hwy. (L97 -0074) Dear Mr. Anderson: We are in receipt of the Revised site plan, letter from Dawn Hover regarding shared parking and a copy of the Real Estate Agreement concerning access and parking easements between the two proposed uses for this site. These documents meet the filing requirements for requests for shared parking under TMC 18.56.070. It would appear that the request is appropriate for this site, given the type of uses sharing parking and the number of parking spaces to be shared between the two uses. However, I have concerns about how the solutions expressed in the site plan support your request. As indicated in your revised site plan, approximately 40% of the required minimum parking for Wendy's will be located on the BP parcel yet the relationship between the parking and building is not adequate. As a condition of approval, the site plan must be redesigned to bolster the relationship between both on and off -site parking and the relationship between the parking area and the Wendy's. As the shared parking agreement must be approved prior to a hearing before the Board of Architectural Review, the January 22, 1998 hearing date for this project will be moved to the next available hearing date. Please contact Michael Jenkins to coordinate any revisions to the site plan to meet the condition expressed above. Sincerely, Steve Lancaster 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 z f.. z w 6 0 o C0= • .W O!. • tia W, zF. z Uca N w F=- U Z: . • :O ~ z ' §, I, A F F I D A V I T D Notice of Public Hearing Q Notice of Public Meeting 0 Board of Adjustment Agenda Packet U Board of Appeals Agenda Packet Q Planning Commission Agenda Packet Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: 0 Notice of Application for Shoreline Management Permit Q Shoreline Management Permit flDetermination of Non - significance 0 Mitigated Determination of Nonsignificance LIDetermination of Significance and Scoping Notice O Notice of Action fl Official Notice 0 Other 0 Other was.mailed to each of the following addresses on Name of Project File Number, 1.cf -cD71f ,&0142,41, City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director FEBRUARY 12, 1998 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION Wendy's International has filed an application for Design Review, Number L97 -0074, to construct a 3,075 square foot fast food restaurant at 16200 West Valley Highway. You are invited to comment on the project at the public hearing scheduled for February 26, 1998 at 7:00 p.m. before the Board of Architectural Review. The hearing will take place at City Hall in City Council Chambers, 6200 Southcenter Blvd. To confirm the time and date before the hearing, call the Department of Community Development at 431 -3670. For further information on this proposal, contact Michael Jenkins at 431 -3685 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Permits applied for include: • Design Review Other known required permits include: • Development Permit FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 z • mow'. oc� JU oo u)�. •u) w: w =: J F-. . u) W uwo u. cfin • I- 1.11 _. 1--0: z f-. w D o: • W o • z . A F F I D A V I T .„S 1 Notice of Public Hearing fl Notice of Public Meeting 0 Board of Adjustment Agenda Packet 0 Board of Appeals Agenda Packet planning Commission Agenda Packet O Short Subdivision Agenda Packet 0 Notice of Application for Shoreline Management Permit 0 Shoreline Management Permit F0--/x-Pc was i1ed to each of the following O F D I S T R I B U T I O N hereby declare that: 0 Determination of Non - significance 0 Mitigated Determination of Nonsignificance 0 Determination of Significance and Scoping Notice 0 Notice of Action O Official Notice Other Other Name of Project w File Number. 1 -9 -007 addresses on - I V? dCa.0)&. o),\ - /1/43 -9& Signature City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director City of Tukwila PUBLIC NOTICE Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will be holding a public hearing on February 26, 1998 at 7:00 p.m. located at 6200 Southcenter Blvd, to discuss the following: CASE NUMBER: APPLICANT: REQUEST: LOCATION: PLANNING COMMISSION PUBLIC HEARING L98 -0001 Epiros Greek Restaurant Appeal of denial of permanent sign permit application. 15035 Pacific Highway South, Tukwila. BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: L97 -0074 Wendy's International Design Review approval of a 3,075 sq. ft. fast food restaurant. 16200 West Valley Highway. L97 -0079 Johnson Braund Architects Design Review approval of a 15,000 sq. ft. two story office building. 15150 - 51st Avenue South Persons wishing to comment on the above cases may do so by written statement or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: . February 13, 1998 Seattle Times Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property Owners, File. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 z t=-- Z C4 w 2 00 CO 0' w =. CO LL. 0:, ga u. a. =0 z�.. o: z uf U 0 I— W W; u.� — O. w z. O ~` z 5 WENDY'S INTERNATIONAL, INC. REAL ESTATE PURCHASE CONTRACT WENDY'S INTERNATIONAL, INC., an Ohio corporation, or its assignee, ( "Buyer "), whose principal address is P. 0. Box 256, 4288 West Dublin - Granville Road, Dublin, Ohio 43017, hereby agrees to buy and TUKWILA STATION L.L.C., a Washington limited liability company ( "Seller "), whose principal address is 600 Westlake North, Seattle, Washington 98109 ( "Seller's Address ") hereby agrees to sell for the consideration and upon the terms hereinafter set forth, the real estate (the "Real Estate ") located on West Valley Highway (S.R. 181) in the State of Washington, County of King and City of Tukwila and further depicted as Lot 22 on Exhibit A attached hereto and made a part hereof. Together with all easements, rights and appurtenances relating to the above - described Real Estate, all buildings, improvements and fixtures now or hereafter located thereon, and all the Seller's right, title, and interest in and to any streets, roadways, alleys, and /or sidewalks, both public and private, adjacent to the Real Estate together with the easements set forth in Article 9.01(b) and (c) (hereinafter, with the Real Estate, collectively called the "Premises "). The exact legal description of the Premises, in accordance with Article 9.01(d), shall be substituted for the foregoing description and inserted in the General Warranty Deed (the. "Deed ") referred to in Article 4.01 below. ARTICLE I - Purchase Price 1.01. The purchase pri?I t .for the Premises shall tie .. No /100 Dollars , 1) (the "Purchase Price "), payable on the day of closing (the "Closing Date ") by cash, cashier's check or certified check. • ARTICLE II - Closing 2.01. Unless otherwise extended by the provisions of this Real Estate Purchase Contract (the 'Contract"), the closing of this transaction (the "Closing ") shall be held at the office of the title insurance company (the "Title Insurance Company ") issuing the title insurance commitment specified in Article V not later than thirty (30) days following satisfaction of the conditions specified in Article IX below. 2.02. The "Effective Date" of this Contract shall be the date of full execution hereof. The date of full execution hereof shall be deemed to be the last date on which this Contract has been signed by a party hereto and all changes to the printed form of this Contract shall have been initialed by the parties; provided, that the fully executed Contract is received by the other party hereto within three (3) days of the Effective Date. If the fully executed Contract is not received by the other party within said three (3) day period, then the Effective Date of this Contract shall be deemed to be the date the fully executed Contract is received by the other party. ARTICLE III - Possession 3.01. Possession of the Premises shall be given to Buyer at the Closing. 3.02. Seller hereby represents and warrants that on the Closing Date the Premises shall be unoccupied and free of any lease or other right of possession or claim of right of possession by any person or entity other than Buyer, except as disclosed in the "Title Insurance Commitment" (as defined in Article 5.01). MOWA08 Tukwila.doc z �z mow; 65 JU oo 0)0: W =`. J H . w 0> LL E 0 O i• 12 O H` w• w `moo iii z: O — z ARTICLE IV - Deed and Other Documents 4.01. Seller shall convey the Premises to Buyer by recordable Deed, conveying good and marketable title of record to the Real Estate, in fee simple, free and clear of all liens, encumbrances and those exceptions which, in the sole opinion of Buyer, prohibit or abridge Buyer's intended use of the Real Estate except for the lien of real property taxes not yet due and payable and other exceptions approved in writing by Buyer (the "Permitted Exceptions "). The Deed shall contain a release of dower, curtesy and /or other marital rights as required by Buyer. 4.02. Seller shall provide Buyer, on or before the date of Closing, with a non - foreign certificate sufficient in form and substance to relieve Buyer of any and all withholding obligations under federal law, which certificate shall be reasonably satisfactory to Buyer and the Title Insurance Company. 4.03. All local, municipal, county, state and federal transfer and conveyance taxes and fees and all .recording fees shall be paid by Seller at the Closing. All other closing costs shall be paid one -half (1/2) by Seller and one -half (1/2) by Buyer at the Closing. 4.04. Simultaneously with the delivery of the Deed at Closing of this transaction, Seller covenants and agrees to grant, convey and deliver to Buyer, for the use and benefit of Buyer, its successors, assigns, licensees, suppliers, customers and employees, the following valid and enforceable easements: (a) Access: A non - exclusive, perpetual easement, appurtenant to the Real Estate, for the purpose of vehicular and pedestrian ingress, egress and access to and from the subject Real Estate and West Valley Highway, over, upon, across and through the area depicted as the "24' Access Easement" area on the attached Exhibit A. Seller covenants and agrees to construct and adequately maintain the Access Easement area in a level, evenly -paved condition and at a grade level compatible to the Real Estate. In the event Seller fails or refuses to adequately maintain said easement area after receiving reasonable notice from Buyer, Buyer shall have the option, but not the obligation, of performing the necessary maintenance and billing the reasonable cost thereof to Seller. This easement shall include the right of Buyer to enter upon such other portions of Seller's larger tract of land as are necessary for the purpose of constructing and maintaining said easement area. (b) Parking: A non - exclusive, perpetual easement, appurtenant to the Real Estate, for the purpose of vehicular parking, over, upon, across and through the common parking areas as they may exist from time to time within Seller's Larger Tract. (c) Ingress /Egress: A non - exclusive, perpetual easement, appurtenant to the subject Real Estate, for driveway, vehicular and pedestrian ingress /egress and parking purposes over the common drive, walkway and parking areas as they may exist from time to time within Seller's larger tract, which larger tract is depicted as Lot 1 on the attached Exhibit A ( "Seller's Larger Tract "). No buildings, fences, curbs or other obstructions prohibiting access between the subject Real Estate, the Access Easement, the Parking Easement and Seller's Larger Tract shall be constructed without the prior written approval of Buyer. Seller, at Seller's expense, shall be obligated to adequately maintain Seller's Larger Tract. Seller hereby agrees to provide Buyer with a legal description of Seller's Larger Tract no later than ten (10) days following the Effective Date of this Contract. MOWA08 Tukwila.doc 2 z �w re 6 U: U 00; W = CO LL w 0; 2 g lL Q -0. I-w z= z 0: w U '0 CO - w w: Lam: 0 Z. w U N, 0 z (d) Storm Water Drainage: A non - exclusive, perpetual easement, appurtenant to the subject Real Estate, for the purpose of storm water drainage and retention for the Real Estate. Buyer shall be allowed to tie into the storm water drainage and retention system for Seller's Larger Tract at a location immediately adjacent to the Real Estate and to discharge all of the storm water from the Real Estate into the Seller's storm water drainage and retention system. Any and all other easements and rights sp2cified in this Contract shall be conveyed, transferred and assigned to Buyer by appropriate recordable documents, and Seller shall execute and deliver with the Deed such other documents as may be required by any governmental entity or by the Title Insurance Company as a condition to the issuance of its policy of title insurance in accordance with Article V. The above easements shall be in recordable form and otherwise satisfactory in form and content to Buyer and the Title Insurance Company. Without limiting the application of the other provisions of this Contract insofar as they are applicable to the easements, the title to the easements shall be good and marketable subject only to such exceptions to title as Buyer may waive in writing, and the easements shall be included in the title insurance commitment, Policy and survey as referred to in this Contract. Seller agrees to obtain any non - disturbance agreements, consents, waivers and any other agreements from lienholders, mortgagees, tenants, or any party with superior rights should Buyer or the Title Insurance Company reasonably request any of the same to insure Buyer's easement rights. 4.05. As a material inducement for Buyer to enter into this Contract, Seller covenants and agrees that Seller's Larger Tract shall not be used for a restaurant use, the primary business of which is the sale of hamburgers, hamburger products, hot dogs, roast beef, or chicken sandwiches (or any combination thereof). At Closing, Seller shall, by recordable instrument in form satisfactory to Buyer, cause Seller's Larger Tract to be subjected to such restriction. For the purpose of this restriction, a restaurant has the aforesaid products as its primary business if fifteen percent (15 %) or more of its gross sales, exclusive of taxes, beverage and dairy product sales, consists of sales of hamburgers, hamburger products, hot dogs, roast beef, or chicken sandwiches (or any combination thereof). This restriction shall burden and run with Seller's Larger Tract for a period of twenty (20) years from the date of the Closing, and shall benefit the Premises, and the owners, successors, and assigns thereof. 4.06. Seller shall also convey to Buyer at Closing, any unused credit amount or impact fee credits associated with the Real Estate which Seller has as of the Effective Date, to cover the impact or traffic fees which Buyer may incur as a result of the development of the Premises by Buyer. ARTICLE V - Title Insurance 5.01. Within ten (10) days after the Effective Date, Buyer shall order a title insurance commitment (the "Title Insurance Commitment ") issued by the Title Insurance Company selected by Buyer in which the Title Insurance Company commits that upon delivery and recordation of the Deed and other documents provided for in this Contract, it will issue, at its usual rate, an ALTA comprehensive owner's policy with extended coverage or comparable form (the "Policy "), insuring in Buyer in the total amount of the Purchase Price, fee simple title to the Premises subject only to (a) the Permitted Exceptions; and /or (b) such liens as are to be released and discharged at the Closing. Seller shall, within ten (10) days after the Effective Date, provide to Buyer all title information in Seller's possession relating to the Premises together with a copy of the most recent tax bills relating to the Premises. MOWA08 Tukwila,doc 3 5.02. Without limiting the foregoing or being limited thereby, the standard exceptions for parties in possession, mechanics' and materialmen's liens and matters which would be disclosed by an accurate survey shall be eliminated from said Policy. 5.03. Seller shall' bear all costs and expenses incurred in connection with the issuance of said title insurance commitment, a standard title policy and any endorsements thereto which are required to conform the Policy to the terms and conditions of this Contract; provided, however that Buyer shall pay all premiums required to upgrade the Policy to an ALTA comprehensive owner's policy with extended coverage. 5.04. If said title insurance commitment or report shows any exceptions to title which are not acceptable to Buyer, Buyer shall notify Seller, in writing, of Buyer's title objections within thirty (30) days following Buyer's receipt of (i) the title insurance commitment (together with copies of all documents referenced therein) and (ii) the survey prepared in accordance with Article 9.01(d) below. In the event Seller fails or refuses to cure Buyer's title objections within thirty (30) days following Seller's receipt of such notice,. Buyer may take one or more of the following actions: (a) by written notice to Seller, give Seller additional time to remove such exceptions to title and, if necessary extend the period specified in Article II for the Closing; (b) take such steps as Buyer shall deem proper to remove such exceptions, provided, however, that if such exceptions are for liens or encumbrances of a definite or ascertainable amount, then Buyer may discharge such liens or encumbrances and deduct from the Purchase Price any and all amounts Buyer has expended in removing said liens or encumbrances; (c) waive such exceptions and proceed with the transaction; or (d) terminate this Contract by giving Notice to Seller. Any mortgage, security deed, lien, judgment or other claim in a liquidated amount against Seller or the Real Estate (whether or not the same is disclosed in the title insurance commitment or listed in Buyer's title objections) shall not in any event be a Permitted Exception hereunder and shall be discharged by Seller at or before Closing. At any time prior to Closing, Buyer shall have the right to notify Seller of Buyer's objection to any title exception which first appears of record after the effective date of the title insurance commitment, or which is disclosed or made known to Buyer following Buyer's receipt of the title insurance commitment, it being understood and agreed that no such title exception to which Buyer objects shall constitute a Permitted Exception hereunder unless Buyer shall expressly approve the same, and that the failure of Seller to correct or eliminate, prior to Closing, any such title exception not so approved by Buyer shall give Buyer the right to terminate this Contract by written notice to Seller prior to Closing. ARTICLE VI - Taxes and Assessments 6.01. Seller shall pay or credit against the Purchase Price all real estate taxes and assessments, including penalties and interest, for all tax years preceding the Closing Date, and shall credit a portion of such taxes and assessments for the tax year in which the Closing is held, prorated through the Closing Date. The proration of such taxes and assessments shall be based on a 365 -day year and on the most recently available rate and valuation and the amount so computed and adjusted shall be final. 6.02. Seller represents that Seller has not been notified of any possible future improvements by any public authority, or any other entity, any part of the cost of which might be assessed against any part of the Premises. ARTICLE VII - Utility Charges and Impact Fees 7.01. Seller shall pay or credit on the Purchase Price all utility charges and all charges for services of any type furnished to the Premises by all governmental agencies, public utilities and /or private utilities prior to the Closing Date. Seller shall pay all impact fees or similar charges imposed against the Premises, except for those attributable to Buyer's development of the Premises. MOWA08 Tukwila.doc 4 • ARTICLE VIII - Risk of Loss 8.01. The risk of•loss, damage or destruction to the Premises and any improvements thereon through condemnation, fire or otherwise shall be borne by Seller until the Closing. ARTICLE IX - Conditions to Closing 9.01. Buyer's obligation to close this transaction is subject to the following conditions and covenants: (a) Permits. Buyer, at its cost, shall have obtained, upon terms and conditions satisfactory to Buyer, within one hundred ninety (190) days after the Effective Date of this Contract, all necessary permits, licenses, variances and approvals (collectively, the "permits ") pertaining to the building, occupancy, signs, utilities, curb cuts, driveways (including ingress and egress to and from public thoroughfares), zoning, use, environmental controls, and any other permits which, in the sole judgment of Buyer, are necessary to permit it to construct and operate a Wendy's restaurant with a pick -up window. Seller agrees to execute any applications or other documents and make such other appearances as reasonably requested by Buyer in order to obtain the permits. In the event that any of the permits have not been obtained within the above - referenced one hundred ninety (190) day period, Buyer may, by giving Notice thereof to Seller, extend for an additional thirty (30) days the date by which such permits must be obtained. If the permits have not been obtained within the periods provided herein, then Buyer or Seller may terminate this Contract by written notice to the other, provided Buyer has not specifically waived this condition . in writing. (b) Utilities. All utilities necessary for the operation of Buyer's restaurant on the Real Estate, including sanitary sewer, storm sewer, water, gas and electric, (collectively, the "utilities ") having been adequately extended within. satisfactory easements or rights -of -way to a location on the perimeter of the Real Estate at which Buyer can tap into and receive service without the imposition of tap -in charges to Buyer other than tap -in charges which are customarily and normally charged in the locality in. which the Real Estate is located. If such utilities are not so extended and available as aforesaid, then Seller hereby covenants and agrees to extend and make the same available, at Seller's sole cost, within fifteen (15) days after Buyer notifies Seller that all other conditions of this Contract have been satisfied, failing which Seller shall credit against the Purchase Price the costs and expenses of so extending and making the utilities available, as reasonably estimated by Buyer. Seller shall grant, or cause to be granted to Buyer all necessary utility easements. (c) Easements. Buyer shall have obtained at or prior to Closing all other easements or licenses deemed necessary by Buyer upon terms and conditions acceptable to Buyer. Seller agrees to reasonably cooperate with Buyer in obtaining any such easements or licenses. (d) Survey. Buyer obtaining a certified survey, bearing a legal description, made by a licensed surveyor, showing the area, dimensions and location of the Premises to the nearest monuments, streets, alleys or property, the location of all improvements and encroachments, the location of all proposed and recorded easements against or appurtenant to the Premises, and not disclosing any condition rendering the Premises unusable, in Buyer's sole judgment, for the intended purpose of Buyer. (e) Soil Tests. Buyer obtaining borings, percolation tests, toxic or hazardous substance tests and 'other tests (collectively the "Soils Tests ") showing that the Premises are satisfactory, in Buyer's sole judgment, for building foundations and the construction, operation and financing of the improvements which Buyer may wish MOWAOS Tukwila.doc 5 �""^'- ••-- Yermtap4X+.amavomi? z ~w re o o CO o, co Lu J = �w wo g a'_ =d � .w z� z F- LU uj U0 o N, ro F- ww — o. • z o'' z to make. Seller hereby grants to Buyer, its agents or contractors, the right to enter upon the Premises to make said Soil Tests and surveys; provided, however, that said tests and survey shall be conducted so as not to damage Seller's property and Buyer agrees to .indemnify, defend and hold Seller harmless from and against any claims, demands, damages or expenses arising out of Buyer's or Buyer's agents' entry onto the Premises to perform said survey and Soils Tests, except as may be caused by Seller's negligent or intentional acts. (t) Title Insurance. Buyer shall have obtained a satisfactory title insurance commitment or preliminary title .report in accordance with Article V above. (g) Environmental Audit and Testing. Buyer shall have obtained a satisfactory environmental audit of the Premises and any other environmental testing which Buyer deems reasonably necessary to evaluate potential environmental risks. If such audit or tests reveal the existence of any toxic or hazardous waste, material or substance on or under the Premises, Buyer may terminate this Contract. Seller shall complete the Environmental Disclosure and Risk Review Questionnaire attached hereto as Exhibit B and return the completed Questionnaire to Buyer within thirty (30) days after the Effective Date of this Contract. x z mow. J U. O 0. CO CI CO w J w J < �o �-- _ zF � o z 1-. U O -: o w uj N- -`. LLo ..z w --- _` o (h) Seller's Work. Seller shall, at Seller's expense, (i) properly complete all street and site improvements along West Valley Highway, including all curb cuts, decel and approach lanes, lane widening, right -of -way paving, curbs, gutters, sidewalks, landscaping, street lighting and handicap ramps, all as required by applicable governmental authorities in connection with the development of the Real Estate and Seller's Larger Tract; (ii) install the twenty -four foot (24') access drive in the Access Easement, including all curbs, gutters, sidewalks, and paving, which access drive will be located on the northern ten feet of the Real Estate and the southern fourteen feet of the Seller's Larger Tract, and (iii) install storm water drainage and detention system off site of the Real Estate to accommodate the storm water runoff from the Real Estate after construction of Buyer's restaurant (provided, however that Buyer shall be responsible for the bio- filtration of the storm water required on the Real Estate prior to the storm water entering the master drainage and detention system on Seller's Larger Tract). All of the work required of Seller in this Article 9.01(h) is collectively referred to as "Seller's Work ". Seller shall provide all plans, surveys, staking and layouts to perform Seller's Work. On or before the Effective Date of this Contract, Sellers shall provide to Buyer a complete set of the detailed plans and specifications and working drawings which accurately reflect the Seller's Work (the "Plans "). The Plans shall be subject to Buyer's reasonable review and approval. Buyer shall either give or withhold its approval of the Plans within fifteen (15) days after the Effective Date of this Contract. If Buyer does not respond in writing within said fifteen (15) day period, then the Plans shall be conclusively deemed approved. Any disapproval or recommendation for change of the Plans shall specify with particularity, the reasons therefor and Buyer shall submit recommendations as to changes which would make the Plans acceptable to Buyer. In the event of a disapproval, Buyer and Seller agree to promptly meet and consider in good faith, the recommendations of the other party in order that the Plans will be acceptable to both parties. If Seller and Buyer cannot agree on the final Plans within thirty (30) days after the Effective Date of this Contract, then Buyer or Seller may terminate this Contract by written notice given within ten (10) days thereafter. At Closing, Buyer shall reimburse Seller for Buyer pro rata share of the cost of Seller's Work. Buyer's "Pro Rata Share" shall mean and be defined as an amount equal to 38.88 % of the actual costs and expense incurred by Seller in completing Seller's Work; provided, however that in no event shall Buyer's Pro Rata Share exceed the amount of Twenty-Three Thousand Eight Hundred and NO /100 Dollars ($23,800.00). As a condition precedent to Buyer's obligation to reimburse Seller for Buyer's Pro Rata Share of the cost of Seller's Work, Seller shall deliver to Buyer a detailed invoice for the total cost of Seller's Work together with adequate supporting documents. All construction done by Seller pursuant to this paragraph shall be in accordance with all MOWA08 Tukwila.doc 6 z governmental requirements and shall be done in a good and workmanlike manner. In the event Seller's Work is not completed on or before the Closing, then Buyer shall deposit one and one /half times the amount reasonably estimated by Buyer to complete Seller's Work into an escrow account with the Title Insurance Company, which amount shall be deducted from the Purchase Price. Said amount shall be held in escrow by the Title Insurance Company and used to pay for the completion of Seller's Work. In the event Seller has not completed Seller's Work within thirty (30) days after the date of recording of the Deed, then Buyer shall have the right to complete Seller's Work and to be paid the reasonable costs and expenses of completing Seller's Work from said escrow and the funds remaining, if any, shall be paid to Seller on completion of Seller's Work. Seller shall pay all impact fees and similar charges in connection with Seller's Work and in connection with the development of Seller's Larger Tract and Buyer shall pay all other impact fees and similar charges against the Real Estate in connection with Buyer's development of the Real Estate. (i) Subdivision Approval. Seller shall have obtained all subdivision approvals from the appropriate governmental authorities which may be necessary or required in order to transfer the Real Estate as a separate parcel. Said subdivision approvals shall be at Seller's sole cost and expense and upon terms and conditions that are reasonably satisfactory to Buyer. Seller covenants and agrees to apply for such subdivision approvals as soon as practicable following the Effective Date of this Contract. The legal description to be used in the subdivision shall be the description as prepared by the surveyor pursuant to Article 9.01(d) of this Contract. In the event that Seller is unable to obtain said subdivision approvals according to the terms and conditions herein within one hundred twenty (120) days following the Effective Date of this Contract, Buyer may, at its option, take any one or more of the following actions: (i) extend the time for Seller to obtain such subdivision approvals and thereby extend Buyer's time period for obtaining "permits" pursuant to paragraph 9.01(a) by an equal period of time; (ii) take such reasonable actions as Buyer deems necessary to obtain said subdivision approvals; and /or (iii) by written notice to Seller, terminate this Contract, in which event Buyer's deposit shall be refunded and Buyer and Seller shall be relieved from all further obligations and /or liabilities hereunder. (j) Seller's Performance. Seller shall have performed all terms, covenants and obligations required of Seller hereunder. 9.02. Buyer shall have one hundred twenty (120) days following the Effective Date of this Contract in which to satisfy itself as to the conditions referred to in paragraphs 9.01(d), (e) and (g) (said 120 -day period shall hereinafter be referred to as the "Inspection Period "). In the event any of the aforesaid conditions have not been satisfied, in Buyer's sole discretion, within the Inspection Period, Buyer may terminate this Contract, by written notice to Seller, which notice shall set forth the specific conditions which have not been met. Such termination notice shall be delivered to Seller within ten (10) days following the expiration of the Inspection Period. ARTICLE X - Deposit 10.01. Buyer will deposit with the Title Insurance Company, as escrow agent, within fifteen (15) days after the Effective Date, the sum of Ten Thousand Dollars ($10,000.00) (the "deposit ") which Buyer and Seller agree shall be held in trust by the Title Insurance Company. At the Closing, the amount of the deposit shall be credited or returned to Buyer. If this Contract is terminated for any reason other than Buyer's default, the deposit shall be returned to Buyer, which return of deposit shall not limit Buyer to pursue any other remedy provided to Buyer at law or in equity. MOWApg Tukwila.doc 7 ARTICLE XI - Broker 11.01. Buyer and Seller both represent and warrant to one another that no real estate brokers or agents have been used or consulted in connection with the purchase and sale of the Real Estate and each covenants and agrees to defend, indemnify and save the other harmless from any actions, damages, fees, real estate commissions, costs, and /or expenses (including reasonable attorneys' fees) resulting from or claimed to be due on account of the purchase and sale of the Real Estate due to the acts of the indemnifying party. ARTICLE XII - Notices 12.01. Unless otherwise provided herein, all Notices shall be in writing and shall be deemed effective upon the earlier of either (a) personal delivery or (b) deposit in the U.S. Mail, marked Certified or Registered, return receipt requested, with postage prepaid or (c) deposit with an overnight courier service, with postage prepaid, to Seller at Seller's Address, and to Buyer at P. 0. Box 256, 4288 West Dublin - Granville Road, Dublin, Ohio 43017 Attention: Legal Department. F=.. W. -JU o o o w= • w: w o; ga N2. • c3r z�. �o Z I- 2 U� „' O H: w w:: f=.. °' w~ o Z U 22; ~O z ARTICLE XIII - Liquidated Damages 13.01. AFTER ENDEAVORING TO ESTIMATE WHAT SELLER'S ACTUAL LOSS WOULD BE IN THE EVENT OF BUYER'S DEFAULT, AND AS A MATERIAL INDUCEMENT TO BUYER'S EXECUTION HEREOF, BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES IN CASE OF BUYER'S. DEFAULT, THAT THE AMOUNT OF THE DEPOSIT IS A REASONABLE ESTIMATE OF SUCH DAMAGES, AND THAT SELLER SHALL RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES AND AS ITS SOLE REMEDY AGAINST BUYER. FURTHERMORE, SELLER AGREES THAT WITH ANY RELEASE TO SELLER OF SUCH DEPOSIT, SELLER SHALL NO LONGER HAVE ANY CAUSE. OF ACTION OR CLAIM AGAINST BUYER, AND BUYER SHALL BE FULLY RELEASED FROM ANY ACTION OF SELLER ARISING OUT OF BUYER'S BREACH OF THIS AGREEMENT. THE PARTIES FURTHER AGREE THAT THE DEPOSIT IS A REASONABLE SUM CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT. IN PLACING THEIR INITIALS IN THE RESPECTIVE PLACES PROVIDED BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENT MADE ABOVE AND UNDERSTANDS THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. Initials: and l (" Seller Buyer ARTICLE XIV - Hazardous Wastes .14.01. Seller hereby represents, covenants and warrants to Buyer that (i) Seller has not used the Premises for the storage, treatment, generation, production or disposal of any toxic or hazardous waste, material or substance nor does Seller have knowledge of such use by others; (ii) Seller has not caused or permitted and has no knowledge of the release of any toxic or hazardous waste, material or substance on or off site of the Premises; (iii) to the best of Seller's knowledge, no event has occurred with respect to the Premises which would constitute a violation of any applicable environmental law, ordinance or regulation; (iv) Seller has not received any notice from any governmental authority or other agency concerning the removal of any toxic or hazardous waste, material or substance from the Premises; and (v) Seller has disclosed to Buyer the location of all underground storage tanks on the Premises known to Seller (if any). Seller shall provide Buyer with a copy of any and all notices or communications which �� �- 8 . it receives or has received which suggest that potential environmental problems may exist on the Premises. 14.02. Seller agrees to indemnify, defend and hold Buyer, its officers, employees and agents, harmless from and against any and all claims, demands, judgments, damages, penalties, fines, costs, loss or expenses (including reasonable attorney, consultant and expert fees) that arise as a result of the presence, suspected presence or discharge of toxic or hazardous substances or hydrocarbons from, on or in the Premises as a result of any activity occurring prior to the Closing Date. Without limiting the generality of the foregoing, this indemnification by Seller shall include costs incurred in connection with any site investigation or any remedial, removal or restoration work resulting from the events indemnified against. ARTICLE XV - Miscellaneous 15.01. This Contract shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, administrators, personal and /or legal representatives, successors and assigns. 15.02. All of the covenants, warranties, representations and agreements of Seller and Buyer contained in this Contract or in any document executed by either party pursuant to this Contract shall survive the execution, delivery and acceptance of the Deed. 15.03. This Contract (including the exhibits hereto, all of which are specifically incorporated herein) constitutes the entire agreement between the parties and there are no representations, oral or written, relating to the Premises or to this transaction which have not been incorporated herein. Any agreement hereafter made shall be ineffective to change, modify or discharge this Contract in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of any change, modification or discharge is sought. 15.04. The headings of the Articles hereof have been inserted for convenience only and shall in no way modify or restrict any provisions hereof or be used to construe any such provisions. 15.05. If two or more persons constitute the Seller, the word "Seller" shall be construed as if it,reads "Sellers" throughout this Contract. 15.06. In the event of the bringing of any action or suit by either party against the other arising out of this Contract, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorney's fees. 15.07. This Contract may be executed in multiple counterparts, each of which shall be considered to be an original document. 15.08. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision, and to this end the provisions of this Contract are declared to be severable. It is the intention of the parties that, if any provision of this Contract is susceptible of two or more constructions, one which would render the provision enforceable and the other or others of which would render the provision unenforceable, then the provision shall have the meaning that renders it enforceable. ARTICLE XVI - Authority 16.01. By execution of this Contract, the undersigned, signing on behalf of Seller, hereby represents and warrants that (i) this Contract has been duly authorized and MOWA08 Tukwila.doc 9 z ;. w: 6 • 0 0' n0: • J =' , F- w, w 0; Q id �w • _. z �. I- 0. z �. w 0 .w w H ; O' U • z executed on behalf of Seller and constitutes a valid and binding agreement of Seller; (ii) Seller has obtained all consents, releases and permissions and given all required notifications related to the transactions herein contemplated and required under any covenant, agreement or encumbrance to which Seller is a party or by which Seller is bound; (iii) Seller now has, and on the date of Closing will have, full right and authority to execute and deliver this Contract, and all documents and instruments required of it for the performance of this Contract; and (iv) Seller is now, and on the date of Closing will be, a limited liability company duly organized, validly existing and in good standing under the laws of the state of its incorporation. 16.02. By execution of this Contract, the undersigned, signing on behalf of Buyer, hereby represent and warrant that (i) this Contract has been duly authorized and executed on behalf of Buyer and constitutes a valid and binding agreement of Buyer; (ii) Buyer has obtained all consents, releases and permissions and given all required notifications related to the transactions herein contemplated and required under any covenant, agreement or encumbrance to which Buyer is a party or by which Buyer is bound; (iii) Buyer now has, and on the Closing Date will have, full right and authority to execute and deliver this Contract, and all documents and instruments required of it for the performance of this Contract; and (iv) Buyer is now, and on the Closing Date will be, a corporation duly organized, validly existing and in good standing under the laws of the state of Ohio. ARTICLE XVII - Acceptance 17.01. Although Buyer and Seller have negotiated this Contract in full, this Contract shall be considered to be an offer made by the party first executing it, which offer shall expire at midnight EDT on September 30, 1997, unless fully executed counterparts of this Contract, executed by the party to whom this offer had been made, shall have beet: received by the offering party (in accordance with Article XII hereof). Signed by Buyer this .3, d day of September, 1997. BUYER: WENDY'S INTERNATIONAL, INC. Bv. By: CONfOS Executive Vice Presidia Legal Department: '727,0. MOWA08 Tukwila.doc 10 Signed by Seller this 29 day of September, 1997. SELLER: TUKWILA STATION L.L.C. Peter Diericlsx a • re w 6D: • J U; 001 w w0 gQ a` Z uj � o U 0 = w. :f—U, — O iui Z: ;U N H Z J <) CENTERLINE BOW Lk'GE PIPE LINE (SWD) -N 87'11'37" W 193.60' 87'13,'1 "A" S 8711'44' £ < CO CO.F- t.f1 r- 3N0'"� • gg1= LA LJ1, o 1 S 8771'44' f 110' 1 65.96' BSBL `ui +.t'$ b1 c,' H 1 ' 1 30. ' + z' • tT-0i riI . d2]J'ss'.C. ,- — — — —° or- 15' UTILITY EASEMENT ° 1 "' `„� Nl'�: A/F NO. 8506141047 ' 2 i s .. 1 -1 -� — -- . 10' WATER ESMT is WATEFits ESMT 'j " {{ OTT OF 1t.KwU p1 r r r r K • �� 162.44' nl 175.59' ; ►:; 1 .4 !15.04 is S 0771'44' E zz C't ° CO v w 9% Co Co7 OHO 1 12' t N 0771'44' -4 1- 109.50' H w 167.70' J 12' S 8711'4 E 243.41' z. "84. BSBL PONT B 2 ri z7� to -' 7373 - Co co O Op 0 R° O > m z 30' 11..311 }; is 1/I 12' r•- 13 b iq `O z to 0 12' .. J 15' � 21 11 U `•1 r^ 1'• N 0741'30 "W C7.5.12' BS6L 76'37'5" (DEED) • i ��+ I O o o N 8711'37" W S 85'30'26" E O O 0 1400.35' SOUTH LINE OF THE HENERY MEADER D.L.C. NO. 46, 380' SOUTH OF THE SOUTH LINE OF BOW LAKE PIPE LINE (SWD) NORT_H__LIN.7 r= 210 '-c- ' ~Qw 00, W W al 0 ��. � S' a o Z I- n 0 , 0 Ir' WW o. z'. U N`. z R CEIVED DATE � RUHL PARR & ASSOCIATES ARCHITECTS BELLEVUE, WA January 6, 1998 Mr. John Moran Ruhl -Parr & Associates Newport Corporate Center 3625 132nd Avenue S.E. Suite 100 Bellevue, Washington 98006 -1399 ..x ._......... 8 1998 CUM i1UN1 -f ;' DEVELOPMENT RE: Application for Design Review (L97 -0074) and SEPA checklist (E97 -0037) Wendy's Restaurant, 16200 West Valley Highway, Tukwila Dear John: Wendy's is in the process of preparing a common ingress /egress and parking agreement that will give both Wendy's and the adjoining BP development the right to use the common driveways as they are proposed to be constructed on both developments as well as the right for either business to use the parking stalls that will be constructed on both developments. This agreement is still in draft form and is currently being reviewed by both parties' attorneys before final execution. In the interim, I am enclosing a copy of Wendy's Real Estate Purchase Contract which references the requirement that this parking and ingress /egress agreement must be prepared and signed before Wendy's will finalize its purchase of this property (see page 2, Article 4.04 (a), (b) and (c). Hopefully this will be sufficient to satisfy the City of Tukwila's needs at this time with regard to the processing of our permit application. If you have any questions, please give me a call. Sincerely, WENDY'S INTERNATIONAL, INC. Dawn Hover Field Real Estate Director cc: Garry Gracey, Laura Roisum WENDY'S INTERNATIONAL INC. / 19651 S.E. 29TH STREET, ISSAQUAH, WA 98029 -9659 / 206 - 391 -8509 FAX: 206 - 391 -0217 °.. . �� z mow.. U 0; (n w; w z; Jam: w 0'. 2 g J. w. z�:. I- o! z I: UJ 0 0 H ww H U: -0: ui 0I- z OW- MaaLll-PgQaQ Amma-_,Taatem Arthitects Planners TO Newport Corporate Center 3625 132nd Ave. S.E. Suite 100 Bellevue, WA 98006-1399 (425) 644-4000 (425) 643-4115 FAX Mief446eL---1E..414114 City OP 7I)14.v41L4^. Comt.A. ay. (t,C7C) so44c&-mt-er__ hAio. -rukwi LA, v,4454.. eai 67) WE ARE SENDING YOU 0 Attached 0 Under separate cover via O Shop drawings O Copy of letter O Prints O Change order ETTFIL,:3 OF .rmaHaRarma_. °Api 211. Ca o9/(, 'Wm.)* -rup41L...A L4,1-0(714 0 Plans 0 Samples the following items: 0 Specifications 0 COPIES DATE NO. DESCRIPTION Cent-dinorZ' tt:Ait 0 .. ,.. J A N 1 ) ■VII,,r THESE ARE TRANSMITTED as checked below: O For approval For your use s requested O For review and comment O FOR BIDS DUE O Approved as submitted O Approved as noted O Returned for corrections O Resubmit copies for approval O Submit copies for distribution O Return corrected prints 0 19 0 'PRINTS RETURNED AFTER LOAN TO US REMARKSWALA. 11 — tO,UCV(TAL. ren.7 meram.ei 11,./ Atzurt.. by C4iAL, 4 145 ki-re).59e CAP--MINIE Nac...Sido ropmeo m-Thvu I?:12.E 1 vIn AczeNT eE4E 1 Ttzl i512-1 mit Corral. PIELD h2.4%.46 -KANN 1XrA1c. 612.0 z.E. 4k4 ece.zwt hot. tytutom... MIA' qu-r Ica *495 bor.r. T1/41re- 1 OP bA 1 • _J. ;rig " • - COPY TO < • Z CC 2 6 00 c. w x ,_. co Lt. 2 3 I— al Z i-0 Z w 0 u) 0 t- ill ui I 0 1— ro , Z u) I o r. 4 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director December 31, 1997 Jim Anderson Ruhl -Parr & Associates 3625 - 132nd Ave SE, Suite 100 Bellevue, WA 98006 -1399 Re: Wendy's Restaurant, 16200 West Valley Highway (L97 -0074) Dear Jim: Thank you for your December 19 letter to Michael Jenkins outlining your response to issues raised by staff concerning the proposed Wendy's. As I indicated in my December 16 letter, the decision for shared parking is reviewed and approved by the Director of Community Development prior to the hearing on the Design Review application. As a decision on your request for shared parking may impact the project's site plan; the proposal must be approved prior to the Design Review hearing. To maintain the January 22, 1998 hearing date, we will need your shared parking application materials by January 8, 1998. Depending on the Director's decision on your request, the January 22 hearing date may be delayed. We acknowledge that the solutions for the building you originally submitted will not be revised prior to the hearing. We also acknowledge that you have submitted additional pedestrian elements to Zink the trail and the BP to the development. If your final site plan solutions are presented in the schematic attached to your December 19 letter, please submit 10 revised full -size plans to show these changes. Sincerely, z 6te4 J 'ck Pace Planning Manager c:\msoffice...9774iss2. d oc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 ` ; '. _- rt,r 11J: U O; I 10 C3 Unw W w O: -J �._; E- O. Z = U; :w O'. _ z• ui • i—i z... CITY OF TUf:WILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL: CONSTRUCTION OF A 3,025 S0 FT FAST FOOD RESTAURANT WITH A DRIVE - THROUGH WINDOW. PROPONENT: RUHL -PARR & ASSOCIATES LOCATION OF PROPOSAL,• INCLUDING STREET ADDRESS: 1 6200 ";.WEST VALLEY HY PARCEL NO 000580 -003.8 SEC /TWN /RNG: LEAD AGENCY: :I;TY OF�-.TUKW1LA ADDRESS', F ANY: FILE NO: 'E97-0037 The City has/determined that the proposal does not have `a probable significan`t"'adver�s,e impact on the environment. An environmental impact st'a`.tement- „(EIS) is not required under RCW 4.3,21c,030(2)(:). This dec,`,:ion` Was made after review of a completed environmental check1 i st','and; other” information on file with the lead agency:. This infar••mattOn is available 'to the ,public: on request. • ****' k*•k kk****l c**k: kk _•k•k4k k**** ***•k**kil �lkkkk*• kk.k**** k• k• k• k• k •k•kk•k•kk•k•k4kk•k•k•k•k•k•1J. • This de,terrnination is final and 1991. igned this 2(41\ day of Oecemmea, Steve Lancaster, Responsible Official City of 1.6k:wi;1a, (206): .431 -3670 6300 Southce:nter Bou1evar�d Tukwila, WA`�,'`98188 ',. : Copies of •the procedures for SEF,A ap_pea.ls are available with the Department of C'omn in ,.ty, Deve 1 opnier :t • i ..,. 00 CO to W; W= J H. CO U. W J LL <, .c./2 d` i 1 Z I— I— 11.1 LU np 0 W W :. H U -, O' z, U u) _, O• z ( " RuKoParcfc madatem Architects Planners FAX TO 206-431-3665 Originalby December 19, 1997 _• Mr. Michael Jenkins, Planner Dept. of Community Development City of Tukwila 6300 Southcenter Blvd. Tukwila, Washington 98188 RE: Wendy's Restaurant 16200 West Valley Highway Design Review #L97-0074 SEPA Checklist #E97-0037 A Professional Service Corporation =iJ DEC 2 3 1997 ClYMMUNFIY DEVELOPMENT 97-605/6 Dear Michael: We have discussed the comments you made during our December 12 meeting regarding the proposed new Wendy's Restaurant at 16200 West Valley Highway with the Wendy's representative. He has directed us to respond in the following way: 1.) We will change the street trees to green ash. This is not a problem, and if it presents a more uniform strectscapc then Wendy's is eager to do so. 2.) Pedestrian trail access will be provided from the existing gate near the midpoint of the easterly property line. The access will consist of a walking path through the landscape island at the gate and a marked crosswalk to the sidewalk adjacent to the building (see enclosed sketch). Users of the trail will then have convenient access to our proposed Restaurant. 3.) We have confirmed that the on-site bioswale is a requirement by Tukwila Public Works. 4.) Wendy's would like to present the building to the BAR as designed and shown in our current documents. Already we show a strong horizontal band of split face CMU immediately below the window sill which suggests a base. There are bold columnar features at the building corners facing the street which make a strong statement. Since Wendy's is a 'stand-alone' building without a strong visual relation to its neighbors, we would prefer any design changes, especially subtle ones as you have suggested, to be done at the request of the entire BAR who will be giving the final design approval. Newport Corporate Center • 3625 132nd Ave. S.E. Suite 100 • Bellevue, WA 98006-1399 • (206) 644-4000 • (206) 643-4115 FAX z 11- z w rt 2 O 0 t W ° 111 WI ■ • u. uj 0 2 g u_ < 12 Da y Z 0 Z LU uj • o • w o — a I- 111 uj 1- LI 0 fAi ▪ I. z 0 Mr. Michael Jenkins, Planner December 19, 1997 RE: Wendy's, West Valley Highway - Design Review (97- 605/6) Page 2 5.) Wendy's desire is to make the most effective use of the parking that is available to it. In the happy event all on -site parking stalls are filled, Wendy's does not want to lose customers because they are unaware of the availability of additional parking. Therefore, Wendy's will post directional signs indicating additional parking available on the BP site and mark additional crosswalks and walkways (see enclosed site sketch) to indicate pedestrian routes from the BP site to the Wendy's entrances. In addition, to maximize nearby parking availability for its customers, Wendy's is willing to ask its employees (12 for the busiest shift) to park on the BP site. By directing its employees and informing its customers, Wendy's feels it can adequately address the BAR's parking concerns for this site without a redesign of the parking layout. We certainly appreciate your desire to help smooth our path through the Design Review process and we can easily incorporate most of your suggestions in our design. However, since building design directly affects Wendy's corporate image we would like any changes to be discussed directly with the BAR. In addition, signing and staff policies can alleviate shared parking issues and minimize site plan revisions. We look forward to working with you to bring this project to a successful conclusion, and please call if you have any questions. Sincerely, PARR &A SO Enclosures cc: Garry Gracey, Wendy's International 97600/05 ttr to jenkins re design review 121997.wps DEC -19 -97 14:43 FROM:RUHL PARR AgAOCIATES 4256434115 70:2W:4313665 PAGE:01 Architects Planners FAX TO 206-431 -3665 Original by Mail December 19, 1997 Mr. Michael Jenkins, Planner Dept. of Community Development City of Tukwila 6300 Southcenter Blvd. Tukwila, Washington 98188 RE: Wendy's Restaurant 16200 West Valley Highway Design Review 0L97 -0074 SEPA Checklist #E97 -0037 A Professional Service Corporation Post -its Fax Note 7671 Date 1 n o1 ,1� pages a To m \L° ti fltr L. ��• ! L j From (1 M r e rx o n Co. /Dec.1,N ec l: tI ,14 c" 114.4.- Pf 3 L Phone 4 Phone y,Z,., J , /, / -, 006 `t�� �b ••F"t `i�� Fax "o6 -- 43 L -3kh S Fax r 97 -605/6 Dear Michael: We have discussed the comments you made during our December 12 meeting regarding the proposed new Wendy's Restaurant at 16200 West Valley Highway with the Wendy's representative. He has directed us to respond in the following way: 1.) We will change the street trees to green ash. This is not a problem, and if it presents a more uniform streetscape then Wendy's is eager to do so. 2.) Pedestrian trail access will be provided from the existing gate near the midpoint of the easterly property line. The access will consist of a walking path through the landscape island at the gate and a marked crosswalk to the sidewalk adjacent to the building (see enclosed sketch). Users of the trail will then have convenient access to our proposed Restaurant. 3.) We have confirmed that the on -site bioswale is a requirement by Tukwila Public Works. 4.) Wendy's would like to present the building to the BAR as designed and shown in our current documents. Already we show a strong horizontal band of split face CM. immediately below the window sill which suggests a base. There are bold columnar features at the building corners facing the street which make a strong statement. Since Wendy's is a `stand - alone' building without a strong visual relation to its neighbors, we would prefer any design changes, especially subtle ones as you have suggested, to be done at the request of the entire BAR who will be giving the final design approval. Newport Corporate Center • 3625 132nd Ave, 5,E. Suite 100 • Bellevue, WA 98006 -1399 • (206) 644 -4000 • (206) 643 -4115 FAX • Z HZ; JU U o; t Nom'. w: w =• Wo ga -:. LL'< • N om, • 1-W, z �. H• O • z +O U: D H 1- —' •—• O ti• z` • UN 0 z DEC -19 -97 14:44 FROM:RUHL PARR r_ SOCIATES 4256434115 Mr. Michael Jenkins, Planner • I • TO : r 2164313665 PAGE:02 December 19, 1997 5.) Wendy's desire is to make the most effective use of the parking that is available to it. In the happy event all on -site parking stalls are filled, Wendy's does not want to lose customers because they are unaware attic availability of additional parking. Therefore, Wendy's will post directional signs indicating additional parking available on the BP site and mark additional crosswalks and walkways (see enclosed site sketch) to indicate pedestrian routes from the BP site to the Wendy's entrances. In addition, to maximize nearby parking availability for its customers, Wendy's is willing to ask its employees (12 for the busiest shift) to park on the BP site. By directing its employees and informing its customers, Wendy's feels it can adequately address the BAR's parking concerns for this site without a redesign of the parking layout. We certainly appreciate your desire to help smooth our path through the Design Review process and we can easily incorporate most of your suggestions in our design, However, since building design directly affects Wendy's corporate image we would like any changes to be discussed directly with the BAR. In addition, signing and staff policies can alleviate shared parking issues and minimize site plan revisions. We look forward to working with you to bring this project to a successful conclusion, and please call if you have any questions. Sincerely, PARR &A SO Enclosures Garry Gracey, Wendy's International 97600/05 Itr to Jenkins re decign review (21997.wps HZ u6 J0, U o0 I'.W u, An IL: w o° LLa . w _- z o: 1-'- w w Ua:. off: 01- wuj Um w z z 1 DEC -19 -97 14:44 _ FROM: RUHL PARR RF OCIATE; 4256434115 1 TO: 2(;14313665 PAGE:03 gram r 11 O tow •• nwom of • awe V !11 1m Z • Z -W 6 00, o• w: • u_ W O, u. =d, u Z W uJ: :2 p p Fr W; H U O: Z: z 1 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director December 16, 1997 z. re w, Jim Anderson Ruhl -Parr and Associates o 0 3625 - 132nd Ave S.E., Suite 100 ° co Bellevue, WA 98006 -1399 _ u. � w o' 12 a: I-- w,. Z F. moo`. z�- • Re: Wendy's, 16200 West Valley Hwy: (L97 -0074 / E97 -0037) Dear Mr. Anderson: To confirm our recent conversation regarding this case, we are looking to stay on schedule for a January 22, 1998 hearing before the Board of Architectural Review (BAR). To ensure this date is maintained, the issues concerning on -site circulation, shared parking and improved design solutions that we discussed should be addressed before December 29, 1997. To address the issues outlined above, we would appreciate solutions presented in a schematic format. By reviewing your solutions in this manner, we can discuss the issues and your solutions prior to committing to final plans. Please contact me as soon as possible if you can not submit schematics by December 29, 1997. I understand that Michael discussed the shared parking approval process with you. This request is a Type 2 decision under TMC 18.104. I have enclosed a copy of the Parking Code section that addresses the application materials needed for this review. The request may be made, with supporting documentation, in a letter format. I would like this process to be completed prior to the BAR hearing, so your application materials should be submitted as soon as possible. Sincerely, ck Pace Planning Manager c: \m s o ffi c e...97I a tt a r \9 774 i s s u. d o c 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 MOINNONIM • {.;;. ; ; % w w; CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 AFFIDAVIT OF INSTALLATION AND POSTING OF PUBLIC INFORMATION SIGNS) State of Washington County of King City of Tukwila ame) understand that Section 18.104.110 of the Tukwila Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the Notice of Completeness. I certify that on the Public Notice Board(s) in accordance with Section 18.104. and other applicable guid lines w re posted on the property located at so as to be clearly seen from each right -of -way providing primary vehicular access to the prope application file number Len - dO14' m0,7.0051 10 plicant Signature) SUBSCRIBED AND SWORN to before me this /6" 4` day of fde.. d 419 9-r M /geld NOTARY PUBLIC in and for the State of Washington residing at My commission expires on / - 3' - o / z re w 6 J U 0O' N p; N W: W =: I—•: u- w 0? u..< to _ a tu z�: I- a z E- LU U0' 10 = w I-- U LL O al z -. FOR OFFICE USE ONLY 444W . CONVERSATION RECORD DATE: / / TYPE: ..Visit ❑ Conference Name of_erson(s) contacted or in contact ti/ tit p E12-�/2 Drgani n(offic dept., bureau, etc.) �� Pet-12-2_ AcN TUE WED THU offl SAT SUN TIME: / /.'off C ❑ Telephone - 0 Incoming 0 Outgoing with you: Telephone No.: Location of Visit/Conference: SUBJECT: L97 . , c 7L/ .- lLJ 'J r7 y SUMMARY: /Z�vI2 -GVe GQ 0(744.6-' dr/') c cam" Get GG411 9 G, i2G'G1G/�/T �rt�r2 ,2i4/24e-r.r,3fa /'`� /tJ7 Tyr 2 4v d:-A/ ' la"I 4J .C.12-Pc) r2_ 4 T / .L%/t2 J LC, C. i' ( /t) e.c.,d1 PEI) E' Lo l2 l G �,�-&4 rr? �-� p/2.4 j2.-- t / f J ovi4e9 /2,4 Njc -Ur Signature: Title: Date: -111/ OM,/ (Ct1' /)J 1 d`k_ 0 Notice of Public Hearing 0 Notice of Public Meeting 0 Board of Adjustment Agenda Packet O Board of Appeals Agenda Packet 0 Planning Commission Agenda Packet O Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: []Notice of Application for Shoreline Management Permit Shoreline Management Permit fJ Determination of Non- significance 0 Mitigated Determination of Nonsignificance 0 Determination of Significance and Scoping Notice O Notice of Action O Official Notice g6ther %� ere. Other 0 was mailed to each of the following addresses on 1 97 A F F I D A V I T -‘24- A \A-acAktol t7 Name of Project 0) Q,eX9 1 3.e /D ,00u File Number. (��� . aa9 y Signature City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF APPLICATION DATED DECEMBER 12, 1997 The following applications have been submitted to the Department of Community Development for review and decision. FILE NUMBERS: APPLICANT: LOCATION: PROPOSAL: OTHER REQUIRED PERMITS: L97 -0074 (Design Review) Ruhl -Parr for Wendy's International 16200 West Valley Highway Construction of a Wendy's Restaurant with Drive - through SEPA checklist approval Development permit These files are available for review at the Department of Community Development, 6300 Southcenter Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file(s) will be available. OPPORTUNITY FOR PUBLIC COMMENT You can submit comments on this application. You must submit your comments in writing to the Department of Community Development by 5:00 p.m. on January 8, 1998. This matter is also scheduled for a public hearing on January 22, 1998. If you are interested in attending the hearing, please contact the Department at (206) 431 -3670 to ensure that the hearing is still scheduled for this date. If you cannot submit comments in writing by the cutoff date indicated above, you may still appear at the hearing and give your comments on the proposal before the Planning Commission. If you have questions about this proposal contact Michael Jenkins, the Planner in charge of this file. Anyone who submits written comments will become parties of record and will be notified of any decision on this project. APPEALS You may request a copy of any decision or obtain information on your appeal rights by contacting the Department at 431 -3670. A decision from the Planning Commission may be appealed to the City Council. The Department will provide you with information on appeals if you are interested. DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: NOTICE OF APPLICATION: November 12, 1997 December 5, 1997 December 12, 1997 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax-1206) 431 -3665 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION December 5, 1997 Jim Anderson Ruhl -Parr and Associates 3625 - 132nd Ave SE, Suite 100 Bellevue, WA 98006 RE: Application for Design Review (L97 -0074) and SEPA checklist (E97- 0037), Wendy's Restaurant, 16200 West Valley Highway Dear Mr. Anderson: Your applications for Design Review and a SEPA checklist to develop a 3,075 square foot Wendy's Restaurant with Drive - through, has been found to be complete on December 5, 1997 for the purposes of meeting state mandated time requirements. The project has been assigned to Michael Jenkins and is tentatively scheduled for a public hearing before the Planning Commission on January 22, 1997 at 7:00 p.m. To assist in our review, the following materials must also be submitted within 14 days of this letter: • A colorboard, with material samples • A conceptual utility plan, with Water, Sewer, Storm Drainage and existing/proposed easements indicated The next step is for you to install the notice board on the site within 14 days of the date of this letter. You received information on how to install the sign with your application packet. If you need another set of those instructions, you may obtain them at the Department of Community Development (DCD). Also, you must obtain a laminated copy of the Notice of Application to post on the board. This notice is also available at DCD. After installing the sign, you need to return the signed Affidavit of Posting to the our office. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. I will be contacting you soon to discuss this project. If you need to contact me, my direct line is 431 -3685. Sincerely, Michael Jenkins Assistant Planner c: \msoffice...Ietter\9774comp.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 �£:. "- °2ul: o arcs ° mesdatsm Architects Planners December 2, 1997 Mr. Michael Jenkins City of Tukwila Department of Community Development 6300.Southcenter Boulevard Tukwila, Wash. 98188 A Professional Service Corporation Re: Wendy's Restaurant Design Review 16200 West Valley Highway Dear Mr. Jenkins: ke 67. DEC 0 f 1997 DEVELOPMENT 97 -605/3 The Design Review documents previously provided illustrate how we would like to develop the Wendy's restaurant site on West Valley Highway. Part of Wendy's corporate philosophy is `old fashioned', and to that end they have designed their buildings to be generally compatible with most styles from turn -of -the century to modern. Earth tone brick is the predominant wall element and metal mansard roof elements help to soften the massing effects of the overall building. The one story building has been sited to allow visual recognition from the adjacent highway yet not • seem out of place among the neighboring buildings which tend to be of the same size and similarly sited. All services and service access, including an enclosed trash /recycle area, are located at the back of the facility and deliveries are scheduled very early in the morning. Due to the long distances to any residential facilities and since the site is sandwiched between a highway and railroad tracks, it is not antic pated Wendy's will have any negative effects on any of its neighbors. Wendy's site is a portion of a site formally used for a larger, more formal restaurant. The balance of the site is being developed as a convenience station combination and drive-through car wash. There are other fast food restaurants immediately adjacent to and across the highway from the site and they all maintain similar hours and peak -load times. All landscaping meets code and has been designed to soften the appearance of the asphalt needed for the required parking but not deny visibility of the restaurant from the street or adjacent properties. The gas station /convenience store to the north has been designed to take advantage of shared parking and circulation to minimize the overall vehicular ;!npact and maximize circulation efficiency yet allow separate identities. Pedestrians have been provided access to the site from both the highway and the trail along the railroad right -of -way. C. The existing site is generally flat with a high water table. Landscaping trees and shrubs have been chosen to take best advantage of the site conditions yet not hide the building. Masonry walls and heavy wood gates are used to conceal the trash /recycle enclosure. Exterior lighting is mounted on the building with an emphasis on lighting pedestrian ways and within the parking areas to maintain safety and security. Newport Corporate Center • 3625 132nc1 Ave. S.E. Suite 100 • Bellevue, WA 98006 -1399 • (206) 644 -4000 • (206) 643 -4115 FAX Mr. Michael Jenkins Re: Design Review (97- 605/3) December 2, 1997 Page 2 As mentioned previously the exterior materials are earth tone brick to give a warm, comfortable feeling and a metal mansard roof to minimize the building scale. Over the last several years Wendy's has modified its standard design to achieve an eye- appealing, visually interesting design through the use of subtle color accents and brick coursing. All mechanical equipment is mounted on the roof behind the parapets and wall /roof mounted lights have metal finishes and colors similar to the window frames. The building and trash enclosure are the only two structures on the site. There will be no landscape furniture. Sincerely, TES, INC. 97- 600 /05 ltr.to City re design review.wps z =Z. ~w: J U: 0 to o U) W W =: J N u- uj u_ _. =a 1- _. Z �.. �O Z I—: w U o. ON. o I- W W. e. -O .. W P _'. 0 z 1 CITY Oh TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 DESIGN REVIEW (P -DR) APPLICATION FOR STAFFUSE FileNum ecetpt 140 11. Project Fll �plication Complete`' SEPA File ipltcatioa Incomplete ?(Date Shoreline Fl 1. PROJECT BACKGROUND A. NAME OF PROJECT /DEVELOPMENT: WENDY' S RESTAURANT B. LOCATION OF PROJECT /DEVELOPMENT: (give street address or, if vacant, indicate lot(s), block and subdivision; or tax lot number, access street, and nearest intersection; if proposal applies to several properties, list the streets bounding the area.) 16200 West Valley Highway Tax # 000580- 0038 -04 Quarter: NI J Section: 2 5 Township: 23■ Range: 4E (This information may be found on your tax statement) C. CONTACT: (Primary contact regarding the application, and to whom all notices and reports shall be sent) NAME: Jim Andercnn, Riih1 -Parr & Assnriatpc ADDRESS: 3625 - 132nd Ave. SE, S 'te 100 , Bellevue, WA 98006 PHONE: AL. 44-4000 F -64,-4115 SIGNA SIGNA . l2 DATE: 11/3/97 RECEIVED CITY OF TU < ^, II -FA %MI 1 21997 PERMIT Mil* B .,.., .. • Z zw rr � 6 00 W w o, g Q. =a 1- ZH I— O Z ni U� o- 1— wW ;_-_. o wz co z NOV-03-97 15:07 • FROM: RUHL PARR ASSOCIATES 2066434115 TO:206 827 4134 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 PAGE:02 DESIGN REVIEW (P -DR) APPLICATION • . • <• • <:. t 1• •:4:.:. '« ..w •., . • ... •. - .. FOR STAFF USE ONLY . , 6 ;,Y>r ,R`... :, ',. >. y .... • r:,; <;.: , •4 ,1,Y ��, -.•s,•��, • .w•. ro• ...5 "•'io'.v ..�.`• ♦r hr:. .. :•; " •: ••N' .:i;.4` •..or.: `•� Y • ■ tanner •..fx • y • ,.:.. • .. `.�.. •• .: •: ;� .b:!Y •�S`. •.Crv. .. , .w aKY.N.`@°K`.,..$7 :•:;, '...<. ••:•...• 4 bi K�:i'... t>.r k4� . le Number ••..:` ..<.AA..: ;.6+ ::'r:.:,..x%n.•: S.F. . :g' ",..' ir:{ 1,.%`.tiC);.:.4. {>y sqt. ,1 .;1` ♦.,aJ. n.J..Jn •rn•. x`. ...:. �( 4..w.rw`�.vr.nwY'C:A.�+yt. i, W((��'' [�•.�• .7:.x:1 • ?➢:' :: •<•t•t!Y ; � Z °. :..<•..:•.t ; r :.,.•.,::. , +.4., .YnRene pt Number: •. >. +.1%.•I• • . :.r, .x., ;.A...n .i.., M ....t .. < . . . ,•N '.. r♦Z. n. .vl . .. . Pr `...: M'�Rf.f. YYd •!v : : <,�wxv'" .. : • 1• NOU -03 -97 15:06 FROM:RUHL PARR ASSOCIATES 2066434115 TO:206 627 4134 iii PAGE:03 D. PROPERTY OWNER DECLARATION The undersigned makes the following statements based upon personal knowledge: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the application are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. I understand that conditions of approval, which the City and applicant have jointly agreed may not be completed prior to final approval of the construction (e.g., final building permit approval) will be incorporated into an agreement to be executed and recorded against the property prior to issuance of any construction permits. I declare under penalty of perjury under the laws of the State of Washington and the United States of America that the foregoing statement is true and correct. EXECUTED at .15:2.11/1)E 1440V . , 1992. (city), ■A`,+ . (state), on Pri A—. P4/ CTS (Print Name) 3 0 7 5 /4Z--5-1-- , 4UU. ,c% E. (Address) 17L2. J 6'03 v2.O (Phone•er) (Signature) 1,e, WA- 35 Use additional sheets as needed for all property owner signatures. z • z w: 0; tUO;• N 0: H.. CO !L' 49_ C0 r•- _: w ~' • oI-' ,w w' .. z co U .z „ • • -e: H. .11 II • - 10" • 3' 8" 4' 2" 16" 8" 9" • 1' weld 2" x 2" angle kickers to 2" horizontal sq. Tube , attach to wall with 2" x 2" angle iron clips & 3/8" x 6" lag bolts as req. 125" x 9" dia. alum. panel with single bulb fixture 2" sq. tube Skeleton neon "wave" .125" Flat alum. panel Double sided OPC Letter pegged off background panel Transformer in T Can to be install on top of existing arched 1 -beam (behind panels) Existing I -beam Neon 2" x 2" angle iron structure behind sign Rolled to match arc of I -beam Bolt to background panels, w/3/8" x 1 -1/2" thru bolts (Weld to I -beam) False letter back Letter Standoff to allow for halo Approx. 35 bolts total S.E. Elevation sign Section view, (typ.) Scale: 1" = 1' 10" 3'8" 8" dia. x .125" alum. panel with single bulb fixture 2" sq. tube I Skeleton neon "wave" 125" Flat alum. panel Double sided OPC Letter pegged off background panel Transformers in Arched raceway to be installed on existing wall 2" x 2" angle iron clips & 3/8" x 6" lag bolts as req. Neon False letter back Letter Standoff to allow for halo Job Name: Family Fun Center Job Location, Tukwila Wa. FAMILYFU.CDR 5 of 5 Roger Starkweather Existing E.I.F.S. Wall G.C. To provided blocking behind Approx. 50 bolts total West Elevation sign Section view, (typ.) Scale: 1" = 1' Designer Ken Naasz Date 10 -14 -98 x 12 -21 -98 Drawing Approv. Landlord: Date: Customer: Date: 5rawing Scal} 1 " =1' This original design is protected under Federal Copyright Laws. No reproduction is allowed, PWinellt VISUAL SYSTEMS /ill 814 6th Ave. S. Seattle, Wa. 98134 -1304 iV National: 1- 800477 -7446 Ph: (206) 292 -8865 Fax: (206) 682 -4781 1 1 L`is�!':i i..'ii:iii:i.l1illiii, ,liiii1I; `! 9{ tip` .: £� : : Zl ; �� 6 f B; :�a, �M 9:: �'` E 4 Iiiiiiiiiiliiiiiii. iiliiiiliiiiliiiilii1iliiiiliiiiliiiill .hill hill. ltIiliiliiiilil0lii llliiiiliiiiliiiil11.16.111ii11I1iiiliiillii1iiiiiiliii11iiii1 Al li;:,"1:101 \ 'a ,_ 1111111 i IN I I" Win/1111111i1111:14If* Mil\ 571 MUM'S riTilli ii limo i i RI 1 iali\ 11111014CrifilignEl WIC / \ VII\ I 0 —lifise4m .1 _1*IIK"."1"1-40111„..._ A ISMIIIIIMMIRAIPMEW I ll 114 11 MONINPromPliallaMman Mtn Et iarlimmirriii ii „ L it Mil EMI II4D1 k 11 AIJ digiEnriaMitiVii Southeast Elevation Scale: 3/16" = 1' i • Job Name: Family Fun Center Tukwila Wa. FAMILYFU.CDR Roger Starkweather Ken Naasz C Date 10 - 14 - 98 Revision 12 - 22 - 98 (drawing Approi›- Landlord: Date: Customer: Date: QratvingScale> 3/16" = 1' This original design Is protected under Federal Copyright Laws. No reproduction is allowdd. Dwinellt VISUAL. SYSTEMS A/. 814 6th Ave. S. Seattle, Wa. 98134-1304 /1/ National: 1-800-477-7446 Ph: (206) 292-8865 Fax: (206) 682-4781 ............. ,..„,.......,.„ - .- ..: . ..........,, . ... : ..•'_•': ,..p...-.;:,;:ei'..;:::.:zi::,.::,•,•,::, ., -. -,;....,..,,.:)...."...,:n-'0', ; .0:--4.,-. ,,,.. 4‘.. .‘,....i.....,.., ,...,.. 1 lii14111111111111i11111.1.111.11.111.1101111111111111(.11.ffillillitafth11111.111.1.11i1111.11.11.M11.111.[111).110.111M1[111 . 1.111.1diRl.i.1111111111111111111. I! • 3' '8" 47' O/A 1 17' 2" 2" sq. tube ptd. red 15mm 30ma aquamarine neon skeleton border tube (STEADY BURN) 12' 7" 8' 1/2" "FUN" •1 17' 2" Existing I -beam structure (W16 x 31) With .125" flat alum. cover panel ptd. teal RADIUS 40' to top of I -Beam 9" dia. cut out .125" flat panel single bulb fixture _ 1 J SE, Elevation Signage Detail Scale: 1/4" = 1' Flat cut out alum. panel swirled alum. finish with clearcoat Transformer in T -Can to be place above exist. I -beam behind panel DOUBLE SIDED OPC letters outside of letters ptd. purple inside of letters ptd. yellow 2T 15mm 30ma Yellow neon to illuminate front 2T 15mm 30ma Purple neon to HALO ILLUMINATE on brushed alum. background Flat cut out alum. "starburst" background Painted yellow with ptd. red border 1T 15mm 30ma yellow neon to follow perimeter i "FUN" SQ. FOOTAGE 54" OPC letters 4' 2" x 17' 2" Inside and outside of letters ptd. red times 2 =143 sq. ft 4T 15mm 30ma clear red neon illum. 9'5 "x12'7" =118 sq. ft. TOTAL = 261 sq. ft. Job Name: �— Family Fun Center Job Locatlon.�. Tukwila Wa. FAMILYFU.CDR 1 of 5 aspen Roger Starkweather • Date � ...4:311;;;;,; 10 -14 -98 • 12 -21 - 98'..1 (brewing Appro Landlord: Date: Customer: Date: Drawing Scale , 1/4" = 1' This original design is protected under Federal Copyright Laws. No reproduction is allowed. DwineIIS VISUAL SYSTEMS /1/ 814 6th Ave. S. Seattle, Wa. 98134 -1304 ,V National: 1- 800 - 477 -7446 Ph: (206)292 -8865 Fax: (206).682 -4781 I�f, RITTI I�I1I1I1I11111111111I11111' 111-1:-1"IFFI11l.lI 1j11l1 .1 11111' 1F1 '[il!I "I!I:iIll1I�.�.il�.l:l p INCH' 1 Z J' Y' 3 r Tvo-� •�` ..CHINA: � ,.` ' Sl t+4 CI a1L IIIIIIIIIIIIIIIIIIIIIIII11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111 IL1111111f1III .IIIIIIIIIIIiIIIi11l,I11ll. 1111. 1. IIIiILLLIIII111111IIILIl11111111111111111