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04-103438 (2) FILE 441/4, CITY OF CITY HALL Federal Way 33325 8th Avenue South _4.1Mailing Address: PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederalway.com March 9,2006 Galloway Romero Architects Attn: Amy Yatch 5350 DTC Parkway Greenwood Village, CO 80111 RE: File#04-103438-000-00-UP PROCESS H APPROVAL Home Depot Outdoor Storage, 1715 South 352"d Street,Federal Way Dear Ms.Yatch: The City of Federal Way has completed its review of the Home Depot's Process II Site Plan Review application,referenced above. The proposal is to establish additional outdoor sales and storage areas at the Home Depot located at 1750 South 352"d Street in Federal Way. As part of this Process II,the Home Depot is also requesting a modification from outdoor storage requirements. The City of Federal Way hereby grants conditional approval of this Process II Site Plan Review application,including the request for modification, subject to the conditions noted below.This approval corresponds to the site plan,which is date-stamped as received January 17,2006. CONDITIONS OF APPROVAL 1. The large outdoor storage items permitted by the modification request(such as storage sheds)shall only be allowed in approved storage areas as shown on the plan(neatly lined up along the wall or in the approved seasonal storage area). The large items must not be placed out from the wall. (For example,no large items are to be stored in front of the columns or entrance vestibules). 2. The cart storage near the front doors must not inhibit ingress and egress. 3. In addition to the wide gate shown,the seasonal sales area must also have two code complying exits. The exit doors or gates shall swing in the direction of exit travel (IBC 1008.1.2).The exit doors shall be a distance apart of not less than 74.5 feet.The door or gate exit hardware shall comply with IBC section 1008.1.8 through 1008.1.8.2.The maximum width of the doors or gates shall not exceed 48 inches. SEPA THRESHOLD DETERMINATION Pursuant to the State Environmental Policy Act(RCW Chapter 43.21 C),the proposal is exempt from SEPA review.The original construction of the Home Depot at this site received a Mitigated Determination of Nonsignificance(MDNS). p i+ Ms.Yatch March 9,2006 Page 2 PROCEDURE Pursuant to FWCC 22-32.2"Review processes for improvements and additions to developed sites,"your outdoor storage proposal is subject to a Process II review.The proposal has therefore been reviewed according to FWCC Article V,"Site Plan Review—Process II." The processing of this application progressed as follows: • On August 30, 2004,the City received the application. • On September 29,2004,the City sent a letter indicating that the application was incomplete and that traffic generation/parking information would be required. In this letter the City requested other additional information, in order to determine if the proposal would meet Code requirements. • On May 10,2005,an anonymous complaint pertaining to this site was registered with the City. • On June 14,2005,the City served a Notice of Violation/Order to Correct Violation. • On June 29,2005,Martin Nordby, Code Compliance Officer, followed up with a letter to the store manager,Paul Radcliffe. • On July 5,2005,the City received a letter from Lane Powell attorneys, stating that a resubmittal was in the process of being prepared. • On August 2,2005,the City received a resubmittal pertaining to this application. • On September 16,2005,the City sent a letter stating that the application is complete.The City also requested further information, and provided a CD with pictures showing the conditions at the site as of September 9,2005. Several outstanding issues remained to be resolved. • On September 29,2005,Andy Bergsagel met with the store manager at the site.Also on this date, Andy Bergsagel met with Amy Yatch of Galloway,Romero&Associates(Architects)and Glenn Amstel of Lane Powell(Attorneys)to discuss the project. • On October 28,2005,the City received a resubmittal for this project. • On November 30, 2005,the City sent a request for information letter. • On January 17, 2006,the City received a resubmittal for this project. STATEMENT OF FACTS AND CONCLUSIONS 1. Zoning: The site lies within the Business Park(BP)zone, and the primary use at this site was previously established through a land use review process by the City of Federal Way. 2. Existing Site Conditions:The site consists of an existing Home Depot store and a small retail building(currently occupied by Video Only).The existing Home Depot building is 135,826 square feet,with an additional 28,394 square-foot attached"garden center."The existing smaller retail building contains 8,505 square feet.The parking and access are shared by the two buildings/merchants.The site has 633 shared parking spaces,but some of these are being used for vehicle trailer rentals and the seasonal sales area. 3. Proposed Garden Center Front Display Area: The site plan shows a delineated area on the pavement adjacent to the north façade of the existing garden center.Pursuant to Federal Way City Code (FWCC) Section 22-1113(d)(5),year-round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the same goods and services,are exempt from screening regulations.As such,the proposed"garden center outdoor display area"is permitted as shown. File#04-103438 Doc.I .34171 Ms.Yatch March 9,2006 Page 3 4. Existing Trailer Display/Storage Area: The site plan shows an area delineated for trailer rentals. Pursuant to FWCC Section 22-1113(d)(4), outdoor display of vehicles for sale or lease are exempt from screening requirements.These vehicle trailers take up 11 parking spaces.The issue of parking is addressed below. 5. Screened Storefront Outdoor Display Area: A row of columns and an awning currently exist along the front of the building.The outdoor display of merchandise is permitted beneath the existing awnings of the building;however,this merchandise is generally not allowed to be left out after closing hours,and the applicant wishes to leave the merchandise out after closing areas.Jane Gamble,Federal Way Associate Planner, stated in a letter that the applicant may propose a means of retractable screening that would enclose this area during closing hours,and thus meet the screening requirements of FWCC Section 22-1113(c).The August 2, 2005 resubmittal,did not provide an elevation or other rendering of the proposed screening for this area. As part of the October 28,2005 resubmittal,the applicant provided photosimulations of semi-permanent,opaque,green and black mesh fencing with poles affixed to the ground and gates that open up.(The color was later changed to black).This fencing and associated gates would allow for sales during the day,while meeting the screening requirements at night.As explained in a previous letter,there is no prohibition of this type of fencing in the BC zone in this situation;however,the proposal must meet the Community Design Guidelines for design continuity(FWCC 22-1634(a)(4)).Therefore,the applicant revised the proposal to show the opaque screening behind the columns,where it would not obscure the attractive columns.The proposal now shows that even if the gates of the screening are opened,they will not obscure the attractive columns,thus preserving the design continuity of the building. 6. Proposed Fencing Display Area: The site plan shows a proposed display of fencing material at the outside edge of the existing porte cochere of the contractor loading area.This fencing display exists, but was not formally approved. Staff have determined that while the fencing display area is outdoor storage, it would be illogical to require that fencing be used to screen fencing,and as such,the proposed Fence Display Area is permitted. 7. Seasonal Sales Area: The applicant has provided photosimulations of a seasonal sales area to the west of the existing building. These photosimulations show semi-permanent,opaque,black mesh fencing as described for the area.The screening(fencing) for this area matches the screening that is proposed for other areas,and is not disallowed by the community design guidelines. The seasonal sales area would displace 36 parking spaces.This does not interfere with traffic flow or fire truck access.Traffic generation impacts and parking are addressed below.The plans show a wide gate, which is fine. As a condition of approval,the seasonal sales area must also have two additional code complying exits.The exit doors or gates shall swing in the direction of exit travel(IBC 1008.1.2). The exit doors shall be a distance apart of not less than 74.5 feet.The door or gate exit hardware shall comply with IBC section 1008.1.8 through 1008.1.8.2.The maximum width of the doors or gates shall not exceed 48 inches. 8. Traffic Impact and Parking:Pursuant to FWCC Section 22-1113(e),if an area proposed for outdoor use,activity,or storage will be used for more than two months out of every year,then the storage area will be calculated as part of the gross floor area of the use.The site plan shows a proposed 10,440 square-foot"seasonal sales area"to the west of the existing building in an area that is currently developed with parking stalls,but is already being used as an unapproved seasonal sales area.The general Code requirement for parking for this use in this zone is 1 stall per 300 square feet of gross floor area,per the BC zoning chart.The site has 633 shared parking spaces(including the File#04-103438 Doc.I.D.34171 Ms.Yatch March 9,2006 Page 4 smaller building).The applicant has provided gross floor area and parking calculations.The ratio listed in the BC chart would require 631 spaces,if the proposed seasonal sales area, existing garden center,front of store display area,and smaller building are included in the"gross floor area." However, a decrease in the required number of parking spaces may be permitted if a thorough parking study documents that fewer parking spaces will be adequate to fully serve the uses,pursuant to FWCC Section 22-1377(c)(4).The Transpo Group(Traffic Engineers)conducted a parking study and took traffic counts at this site in July of 2005.This was one of the busiest times of the year for the store.The (unapproved)seasonal sales area was in use at that time.Transpo then compared these traffic counts to the 1993 TIA and 1993 MDNS.The PM Peak Hour Trips for those two documents were 669 and 603,respectively.The actual traffic counts of July 2005 showed the PM Peak Hour Trips to be 499.Also,the applicant has stated that the Home Depot at this location has not been experiencing a shortage of parking, and that"Home Depot has performed an internal study of parking at its stores nationwide and determined that its stores operate well with 450 parking spaces." The applicant has shown that 586 parking spaces(as proposed)will adequately serve the uses at this site,and the applicant has shown that the traffic generation does not exceed the level provided for in the 1993 TIA and 1993 MDNS. However,in the future,it is possible that a change of tenant to the smaller retail space or an increase in business at this Home Depot might increase the parking. Therefore, as a condition of this Process II approval,if the amount of parking becomes deficient on a regular basis in the future,the seasonal sales area must revert to parking spaces. 9. Modification Request: Pursuant to FWCC 22.1113(g),the applicant requests a modification to outdoor storage provisions to allow for the display of items(such as garden sheds)over six feet in height.FWCC 22.1113(c)(4)states,"If the outdoor storage area is surrounded on all sides by industrial zones,then the height of the outdoor storage shall not exceed the height of the primary structure on the subject property. In all other cases,the height of items stored outdoors shall not exceed six feet above finished grade." The City may approve the modification if it meets certain criteria,as stated in FWCC 22.1113(g): (1)The modification will not create a greater impact on any nearby residential use than would be created without the modification. (2)The modification will not detract from the character of any use. (3)The modification will not be injurious to public health, safety,or welfare. The applicant has provided a written explanation of the particular request,as well as a justification. Based on the particulars of the site and situation,the City grants the modification request.The applicant's modification request letter can be found in the official file of this Process II application. The large items permitted by the modification request(such as storage sheds)shall only be allowed in approved storage areas as shown on the plan(neatly lined up along the wall or in the approved seasonal storage area).The large items must not be placed out from the wall. (For example,no large items are to be stored in front of the columns or entrance vestibules). APPEALS The effective date of this decision is March 9,2006.Pursuant to FWCC Section 22-355,any person who received notice of the administrative decision may appeal this decision to the Federal Way Hearing Examiner by March 24,2006. Generally,no work on the proposal can commence until the end of the appeal period. For this project you are the only party receiving notice.You may waive your right to an File#04-103438 Doc.I.D.34171 . Ms.Yatch March 9,2006 Page 5 appeal by letter,or you may simply wait for the appeal period to end. You cannot commence work until you have been issued a building permit. CLOSING This decision shall not waive compliance with future City of Federal Way codes,policies, and standards relating to this site.This Process II land use approval does not constitute approval of any other activities which otherwise require permits from the City. If you have any questions pertaining to this project,please call Andy Bergsagel,Associate Planner, at 253-835-2644, or email andy.bergsagel@cityoffederalway.com. Sincerely, zotev(44,..:L- Kathy McClung Director enc: Red-lined approved plans,received January 17,2006 c: Martin Nordby,Code Compliance Officer Andy Bergsagel,Planner Paul Radcliffe,Store Manager Home Depot#4703 1715 South 352nd Street Federal Way,WA 98003 Marge Rhodes Lane Powell Attorneys 1420 Fifth Avenue,#4100 Seattle,WA 98101 Glenn Amstel Lane Powell Attorneys 1420 Fifth Avenue,#4100 Seattle,WA 98101 Tasha Richardson The Transpo Group 11730 1186 Avenue NE,Suite 600 Kirkland,WA 98034 File#04-103438 Doe.I.D.34171 1 r 4Ik COMMUNITY DEVELOPMENT SERVICES CITY OF / RESUBMITTED 333258mAYENUESOU7�f•POBox9718 FEDERAL WAY, WA 98063-9718 Federal Way JAN 1 7 Zoos 253-835-2607.FAX 253-835-2609 www.dtyoQ`idemiway.com CITY OF FEDERAL WAY BUILDING DEPT. RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies wi//be returned or discarded. You are encouraged to submit all Items in person and to contact the Customer Service Counter prior to submitting ifyou are not sureabout the number of copies required. ** Project Tracking Number: 0 4 - 1 0 3 4 3 8 - u P Project Name: The Home Depot - Federal Way. WA Project Address: 1715 South 352nd Street Project Contact: Amy Yatch Phone: 303-770-8884 Resubmitted Items: #of Copies** Detailed Description of Item • 4 GRA Site Plan & Detail Sheets Dated July 29, 2005 2 8-1/2 x 11 Photo Simulations 1 Letter to Federal Way - Attention: Andy Bergsagel ** Submit the same number of copies as required for yourinitial application.** Resubmittal requested by: Letter Dated: / / (Stan Member) • Bulletin#129—August 24,2004 Page 1 of 1 k:\Handouts—Revised\Resubmittal Information Gallowa ;omero & Associates Transmittal RESUBMITTED d • 5350 DTC Parkway,Greenwood Village,CO 80111-3006 (303)770-8884 (303)770-3636 FAX JAN 1 7 2006 www.gallowayromero.com el I Y OI- F-bL) HALWAY To City of Federal Way BUILDING DFP—. Date 1-13-06 Address 33325 8th Avenue South Project Home Depot Federal Way,WA 98063-9718 Project HD1165.8A Number Attention ANDY BERGSAGEL RE Site Plan Review for Zoning Violations File Code Delivered by Ca/�o�,rktip I c B PM Y Transmitted l/� i j Nr�Pp- ?ri:; t Summary of enclosed materials 0O7 Quantity Description 4 _ Site Plan & Detail Sheets by Galloway,Romero & Associates dated January 6, 2006 4 Supplemental Application Letter dated January 13, 2005 2 Photo Simulations showing Front Enclosure and Seasonal Sales Remarks Andy, If you have any questions or need additional information, please let me know. Thanks. Amy Copies to By Attention Transmittal Delivered by Galloway,Romero & Only Associates I I Amy Yatch n Project Manager ❑ GRA FILE n RESUI,.V•ITTED JAN 1 7 2006 Letter to Federal Way January 13, 2006 CITY OF FEDERAL WAY BUILDING DEPT. Page 1 of 3 MIGalloway, Romero &Associates Design Engineering Planning 5350 DTC Parkway Greenwood Village,Colorado 80111-3006 (303)770-8884 (303)770-3636 fax E-mail:amy_yatch@graa.com January 13, 2005 Mr.Andy Bergsagel City of Federal Way 33325 8th Avenue South Federal Way, WA 98063-9718 RE: File No: 04-103438-000-000-UP; #05-103214-AD; Home Depot, 1715 South 352' Street, Federal Way Dear Mr. Bergsagel: Please accept this letter addressing City comments dated December 2, 2005, along with a site plan& detail sheet by Galloway, Romero and Associates dated July 29, 2005 for the City's review. On behalf of our client, Galloway, Romero &Associates would like to stress the importance of staying within the strict design guidelines and reiterate how much we are trying to accommodate this request from the City throughout the site plan approval process. The following comments address the City's concerns dated December 2, 2005: 1. Comment—Your photo-simulations and site plan show a proposed green and black opaque fence/screen along the front of the building. As currently depicted, this screening does not meet the design guidelines, especially in terms of design continuity. The nice columns that front The Home Depot building are perhaps its most attractive design element. Obscuring these columns would not meet the design guidelines. However, there appears to be an easy solution. Please reposition the screening so that it is behind the row of columns. Also, reconfigure the gates so that when they are opened, they do not obscure the columns. Please clearly depict the fenceposts and how the gates open in plan view. You may submit this on 8 1/2 by 11-inch paper if you wish, or you may add another sheet to the plans. In order to expedite the review, you may fax or email me a sketch in plan view,prior to your formal resubmittal, so that I can quickly check to see if the screening looks like it would be acceptable. Response: Comment understood. Please see attached detail sheet to review the layout of the front fenced enclosure when the gates are fully open. As requested by the City, the screening has been moved behind the columns as not to interfere with design continuity. The fence will have gates that will remain open during operating hours and will be closed at night to comply with screening requirements listed in FWCC Letter to Federal Way January 13, 2006 Page 2 of 3 Section 22-1113(c). As shown, the gates will not obstruct the columns when fully open during business hours. 2. Comment—On the plans you have called out"vinyl-coated chain link fence with fabric mesh." However, since some areas are not screened, it is hard to tell exactly where this mesh will be. Please indicate this fencing with a unique line style on the plans. Response: Comment understood. Please see attached site plan for hatched areas labeled as "black vinyl-coated chain link fence with fabric mesh'. The proposed fenced areas are located at the front display area of the building, along the east side of the building and the temporary seasonal sales area. Please also note, to improve the aesthetics of the storage areas on the west side of the building,Home Depot will rebuild and re-stain the board fence enclosing the pallet storage area. 3. Comment—Please call out all shopping cart storage areas on the plans. The photo- simulations show shopping carts in front of the screening. I have researched the original files. Federal Way Resolution#93-146 (the original approval for this site) lists the following condition: "Appropriate cart storage facilities shall be designed within the parking lot outside of proposed parking stalls and required landscaping to collect shopping carts as required by the Director of Community Development" (Section 6 (B)). Of course, you may wish to designate part of the covered area for shopping carts. The storage of carts must not block the pedestrian pathways. Response: Comment understood. This issue is resolved due to the Store Manager moving the carts under the front covered awning area. The carts are parked along the front display area outside of the proposed fenced display area. The carts are clearly out of pedestrian walkways and building ingress/egress. Please see site plan for location. 4. Comment—Please note the enclosed red-lined clarifications to your gross floor area and parking calculations. Please make these clarifications prior to your resubmittal. Please note that you must subtract 11 spaces for rental trailers, Response: Comment understood. Please see the site plan for parking ratio changes. Parking required is shown at 629 spaces—please note, the required parking has been reduced by 2 spaces due to the reduction of front display area by moving the fence behind the front columns. Per the City's request,parking provided has been revised to 586 spaces after subtracting 11 spaces for rental trailers. Again, Home Depot has performed an internal study of parking at its stores nationwide and determined that its stores operate well with 450 parking spaces. Without counting the 37 spaces in the Seasonal Sales area, Home Depot is providing 571 parking spaces at this site. Based on the fact that the Federal Way store has never experienced parking issues, we believe that the proposed 571 spaces are more than adequate to address any and all parking needs for this store. The City confirmed concurrence on Thursday, September 29, 2005. 5. Comment—I have spoken with Greg Brozek(Federal Way Fire Department) and he has verified that the proposed storage area under the canopy is sprinklered. Greg Brozak Letter to Federal Way January 13, 2006 Page 3 of 3 also stated that the seasonal sales area must have a way for people to exit. Please clearly indicate on the plans how the gates open and close and how there will be exits for people who are in the new enclosed area. When I observed the current set-up at the site, it had temporary fencing with a pad-lock. Response: Comment understood. Please see site plan & detail sheet for an illustrative view showing the seasonal sales area entrance and exit. This seasonal sales area remains on-site for approximately three months out of the year. The padlock is only locked after business hours. Otherwise, customers have a clear path for entrance and exit. It has been a pleasure working with the City of Federal Way to remedy the outstanding issues at The Home Depot. Please contact me with any comments or questions while reviewing this application. Thank you for your time. Sincerely,ce L p-6/1 Amy Yatch Galloway, Romero &Associates t t J -tea 4 0 ` (CO f w� Lz “,11111 LI— o- 1 : 1 r m ..: - II _ I l r. .1I 1 • 1 I Jr.. 1 fit.. I Ft .: s , w a t '`s.! a� ,, ' PT. of *_ f R j f a 1 F M saT { i i r I (I : F ;n 3 1 , . Ad 4 /7°' , '�, 4' • .4 44, -ls-,''t' '''. 14,..:: ,..74b... 'I. 1. -.- ; ' ' 1 ' of , .i:ow . . . r . Is '.:: , . . . . _.•, . iii St Y Y • ti, _ \lb . 4, ., ri $ , rii.el. 1 fill .ip lip .0 .' - ,-,,,,,,,,,..1„..,-. isop:N Page 1 of 2 Andy Bergsagel- RE: Federal Way,WA-Home Depot Revisions to Front Enclosure From: "Amy Yatch" <amy_yatch@GRAA.com> To: "Andy Bergsagel" <Andy.Bergsagel@cityoffederalway.com> Date: 1/10/2006 1:03 PM Subject: RE: Federal Way, WA-Home Depot Revisions to Front Enclosure Andy— Thanks for your quick reply! I am updating the changes as you have requested. However, your question about design continuity and centering the gates in between the columns is not possible since fence panels and gates come in specific sizes—in this case we are using a 39" panel from the manufacturer. We took this issue into consideration from the beginning and this size is the closest we could come to even spacing between the columns. As for the other changes, I will make them final and I will be sending in the submittal by this Friday. I will shoot you a quick email when it goes out. Thanks again for your quick response on this. Amy Yatch Galloway,Romero&Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Telephone: 303.770.8884 —7- Fax: 303.770.3636 ------ ,--------- immediately by telephone at(303)770-88 or by electronic mail and delete the original and all copies of this transmi '.n(including any attachments)without reading or saving in any manner. Galloway,Romero&Associates(GRA)has provi this electronic computer data and makes no warranties,: pressed or implied,concerning the accuracy of the information contained within any document transmitted or reviewed by computer or el tronic means.GRA considers that design data is on i n its final form when issued on plotted,stamped&signed drawings.The use of this data by you is considered to be at your own risk.GRA umes no responsibility for any damages resu; g from your use of this data.All existing conditions need to be verified prior to proceeding with any work.The user of this data further agrees to hold rmless,indemnify and defend Galloway •omero&Associates and its consultants from and against all claims which might arise from the misuse of the information provided herein.Visual contact ith this media shall constitute prim. .cie evidence of acceptance of this agreement. From: Andy Bergsagel [mailto:Andy.Bergsagel@city• ederalway.com] Sent: Tuesday, January 10, 2006 11:55 AM To: Amy Yatch Subject: Re: Federal Way, WA - Home Des t Re ions to Front Enclosure Hi Amy, 1. It is nice to see the fenci•g behind the column as shown in the helpful detail drawing. Is there a particular reason you do want the gates to be ce tered between the columns? This would result in better design continuit \ 2. The fenceposts :re barely visible. Please increase thsize on the detail drawing (to make the fenceposts clear + visible). I did not notice them at first. Ple se label the type of fencing on the detail drawing. / i 3. Please how and label the building entrances on the plan an on the detail drawing. I am trying to figure o how the cart storage relates to the entrance. Is it feasibl to have one long row of carts like that? most stores I have seen, for example, three rows of carts ri t next to each other, so that it is n just one long line. file://C:\Documents%20and%20Settings\default\Local%20Settings\Temp\GW}00001.HTM 1/10/2006 Page 1 of 2 Andy Bergsagel - Re: Federal .Jay, WA - Home Depot Revisions to Front Enclosure From: Andy Bergsagel To: Amy Yatch Date: 1/10/2006 10:55 AM Subject: Re: Federal Way, WA - Home Depot Revisions to Front Enclosure Hi Amy, 1. It is nice to see the fencing behind the columns as shown in the helpful detail drawing. Is there a particular reason you don't want the gates to be centered between the columns? This would result in better design continuity. 2. The fenceposts are barely visible. Please increase the size on the detail drawing (to make the fenceposts clearly visible). I did not notice them at first. Please label the type of fencing on the detail drawing. 3. Please show and label the building entrances on the plan and on the detail drawing. I am trying to figure out how the cart storage relates to the entrance. Is it feasible to have one long row of carts like that? At most stores I have seen, for example, three rows of carts right next to each other, so that it is not just one long line. 4. Label the cart storage on the detail drawing. 5. For some reason the pedestrian pathways/conc. customer pick-up lane are not hatched all the way along. I think the pedestrian pathway goes the whole length, right? Please show this. Also, does "conc." mean "concrete?" Andy >>> "Amy Yatch" <amy_yatch©GRAA.com> 1/9/2006 9:56 AM >>> Hello Andy- I haven't had time to run this by the team yet—but please let me know if this looks like I am on the right track or not. . Please give me a call to discuss. Amy Yatch Galloway, Romero &Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Telephone: 303.770.8884 Fax: 303.770.3636 immediately by telephone at(303)770-8884 or by electronic mail and delete the original and all copies of this transmission(including any attachments)without reading or saving in any manner. Galloway,Romero&Associates(GRA)has provided this electronic computer data and makes no warranties,expressed or implied,concerning the accuracy of the information contained within any document transmitted or reviewed by computer or electronic means.GRA considers that design data is only in its final form when issued on plotted,stamped&signed drawings.The use of this data by you is considered to be at your own risk.GRA assumes no responsibility for any damages resulting from your use of this data.All existing conditions need to be verified prior to proceeding with any work.The user of this data further agrees to hold harmless,indemnify and defend Galloway,Romero&Associates and its consultants from and against all claims which might arise from the misuse of the information provided herein.Visual contact with this media shall constitute prima fade evidence of acceptance of this agreement. file://C:\Documents%20and%20Settings\default\Local%20Settings\Temp\GW}00001.HTM 1/10/2006 Andy Berggsagei Federal Way WA Home Depot Revisions to Front Enclosure Page 1 From: "Amy Yatch" <amy_yatch@GRAA.com> To: "Andy Bergsagel"<Andy.Bergsagel@cityoffederalway.com> Date: 1/9/2006 9:58:39 AM Subject: Federal Way, WA- Home Depot Revisions to Front Enclosure Hello Andy- I haven't had time to run this by the team yet- but please let me know if this looks like I am on the right track or not. Please give me a call to discuss. Amy Yatch Galloway, Romero&Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Telephone: 303.770.8884 Fax: 303.770.3636 The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact Galloway, Romero &Associates immediately by telephone at(303)770-8884 or by electronic mail and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Galloway, Romero &Associates (GRA)has provided this electronic computer data and makes no warranties, expressed or implied, concerning the accuracy of the information contained within any document transmitted or reviewed by computer or electronic means. GRA considers that design data is only in its final form when issued on plotted, stamped & signed drawings. The use of this data by you is considered to be at your own risk. GRA assumes no responsibility for any damages resulting from your use of this data. All existing conditions need to be verified prior to proceeding with any work. The user of this data further agrees to hold harmless, indemnify and defend Galloway, Romero & Associates and its consultants from and against all claims which might arise from the misuse of the information provided herein. Visual contact with this media shall constitute prima facie evidence of acceptance of this agreement. " Mom.Ramo&Monism, 6360 Oft P.N. ;-.;Caw. N111 LOCATION IM ''awe L. __ -> jinn rrJ �_ '�� I 1. • .. . ..- `• 1 Poi r TI' O k me— "; , I r"•oxui a m1E Mwr AREA 141vl: I — 88� —: •l ) Li" A)r l ) f ) >o....m.'a ' yy di'- PNgN DDIM SLMMA,' I •EXISTING i _ O_ —I— ...o,....a. 1:11'°T..""A..ro., nF onr.o RETAIL"B' ii.".e..."�.., -`- 'i i wxaw l,iwe 5 S. 1 B,505 SF '� -. • _._' ._._.—.,n t ) �4 '�, , • amw unEx ,c.(1n"i u.)"..>a.cn ual i il_ ii I , .,, ,, '16W: 7''':""'“- ..._ _ , =11 . FRONT Of WOK OISILAY(1/3120 S.F.) s.6.3 mow MA S.SPACES j@ '��., r -mom A-P ..\ . a • $P �h`k 9i�r µ "i�rgf fig.".... ''An' �' j %- INK un.AOrtanr`oxi'� .o./v'.cEi-I, p ..SPACES nj EXISTING EXISTING'THE HOME DEPOT BUILDING4=0, wxu+ '"n max. )cF. =42 DEN CENTER t}5.g26 SF I � MsuMn.MY •1 E FOISTING ROD.Apuw,ED RVAG WOL. �� s�.E"[i AAEn, w - ,tTI± E YD.P ECOM28,394 SF e�._._ _. ••it„ ,a,"."".,,b,- "�s ro I , Too Homo 'n Dom. E PLANER AMY YAM, a.«•.m..ro BITE DEN.COpO: RAVE OI.EIq PI@Ai®ry-OM 81MM HO F 81EET. PMOPOSID HM1411014 4'.OCIra ARRTRUr rnE D ER APPiiGSti ISSUED: ED:PRO N. 1OtR8M TYPE cvrrRiNY N"oYi� ISSUED: JANUARY 8,2005 NO STORAGE WY OCCUR OVER EXIST. STORY WATER CATC14.SINS.IX 140 ME r.)o.N-+.�c m.Are MN OPERATIONS.SYSTEM W.DEBRIS OR CHE6110.3 WO BE DR ° °ay.:E E: POO.E:DEPOT9; „"FLOOR SITE PLAN 1; — — k°'o"x".. �"r.ro, c ONDG",E, FEDERAL WAY ``., COWMEN")., 2RWL. ,w PRONE.°(30.2)CO ';86• WA9q H GTON , 1 IJLAIV Li 11r.) vyl • Y coH Q EXISTING AINTED CROSSWALK a. Y 7 PER WAC 1-20 REGULATIONS At 11111:1 % I •O OUTDO �� Lai - j�J EXIST WHEEL BUMPER OCCUR WITHIN T IS BOUNDARY 6 EXIST/1 TYP. H.0 STALL E XIST j H.C. SIGN /- x%///a / 9' l//, / i Z a -CART STORAGE CHAINL VINYL-COATED FENCE P. 414 S.F. / 1620 S.F. 240 S.F. 1036 S.F. / 636 S.F. J j 4 W/ FABRIC MESH i VAN EXIST. CONC. CUSTOMER PI -UP LANE 6 28' . • 'IN S � � . _ 28' ` ��//X/// it23'-0" 55'-0" 90'-0" 20'-0" 130'-0" 457'-0" 53'-0" H.a '4 N PROPOSED GARDEN CENTER PROPOSED UNDER ROOF OUTDOOR pp DISPLAY AREA(TYP.) DISPLAY AREA(TYP.)(ONLY 1560 SF- PROPOSED SEASONAL SALES (PLANTS AND SHEDS,TYP.) FENCED W/BLACK VINYL COATED ISONAL SALC3 Z DRIVE THRU CORRAL' �RANCF/EXIT (NOT FENCED) CHAIN LINK WITH FABRIC MESH) -RETAINING WALL rn -LAWN St GARDEN EQUIPMENT -BAGGED GOODS w -PEAT MOSS -BAR-B-QUE GRILLS MATERIAL O -PAVERS -BUILDING MATERIALS -BARK -PATIO FURNITURE )SED -CONTAINER PLANTS -PROPANE TANKS )NAL (10 GALLON & UP) -RIDING TRACTOR Or -ETC. -ETC. AREA o lO SF(— ' 37 ° ' n A EXISTING)TCQ EXISTING "THE HOME DEPOT' BUIL 1 ls'-r s-D• te'-3• 3'-0• 1e'-s• s'-o• 1e'-3' 3'-0• DISTACE BETWEEN COLUMNS COLUMN DISTANCE BETWEEN COLUMNS COLUMN INSTANCE BETWEEN CCEUNNS COLUMN DISTANCE BETWEEN COLUMNS COLUMN DISTANCE BETWEEN COLUMNS 13'-0• _ _ 13'-0• 13'-0• 1 _ 13'-0' GATES FULLY OPEN GASES FULLY OPEN GATES FULLY OPEN GATES FULLY OPEN GATES FULLY OPEN 6'-6• 6'-6' 9" 6'-6• 8'-6• / (2OPENI GAZE (EOPENI GATE (7OPENI GTE kOPENI GATE (3OPENI GALE OPENINGS OPENINGS OPENINGS OPENINGS OPENINGS V////////////////////////// OFRONT FENCED ENCLSOURE SCALE.3/16•�1'-0- • LOCATION IMP S.1.mh A. .e® OFRO✓`FENCED ENCLSOURE i 1 PROPOSED SEASONAL • SALES AREA - ±10,440 SF • • �I •� :I �I a'I� '1_°nl s, TR.I P.. MI 1 ME PAHBE AMY YATOI ERE DIV.OD010: DAVE GOMIS IMF • • limiw FADER: Mk - A MAN IMF APT: PROPOSED ELEVATORS u:OCCUPANCY m pVx[F HOME IX,weuu5, MA PROMT Rd FERMSA WY r VOICEOCIICH Eva[ /�S�SAONNL SALES AREA CO YR „..„:"zRn „.7 I w wv w' s.R[LOOP �o- 'JAMJCL 6,zE vVVRamil cR,.;'g FRONT500 FENCED ENCLOSURE& was cowe.. �r"�.. SEASONAL SALES AREA NOTE 'Noy A,ea.w.. SW Y"er ,o,�.TEs FEDERAL WAY BE PHONE'CPO PARKWAY I WASHINGTON 1292100.1109 MO 2.11001.0 WI CONSTRUED.S KCVM.TE. 1715 SOUTH 352.e STREET Page 1 of 1 Andy Bergsagel - Re: Federal Way, WA - Home Depot From: Andy Bergsagel To: Amy Yatch Date: 12/22/2005 1:38 PM Subject: Re: Federal Way, WA - Home Depot Hello Amy.Nice to hear from you. Happy Holidays! I am faxing you something I just drew. It is an idea for how to change the proposal shown in the photosimulations you just showed me. The problem with the current proposal is that it shows the gates opening up and obscuring the columns, and detracting from the design continuity. Please note the following excerpt from the last letter we sent: Your photo-simulations and site plan show a proposed green and black opaque fence/screen along the front of the building. As currently depicted, this screening does not meet the design guidelines, especially in terms of design continuity. The nice columns that front The Home Depot building are perhaps its most attractive design element. Obscuring these columns would not meet the design guidelines. However, there appears to be an easy solution. Please reposition the screening so that it is behind the row of columns. Also, reconfigure the gates so that when they are opened, they do not obscure the columns. >>> "Amy Yatch" <amy_yatch@GRAA.com> 12/22/2005 11:04 AM >>> Hi Andy, I wanted to share with you a few photos of the gates being open— I am still working on getting this completed in plan view like you requested. Let me know if you think these will work or let me know what I need to tweak before resending. I will also copy you on the plan view set before my official submittal. Thanks, and Happy Holidays to you! Amy Yatch Galloway, Romero &Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Telephone: 303.770.8884 Fax: 303.770.3636 immediately by telephone at(303)770-8884 or by electronic mail and delete the original and all copies of this transmission(including any attachments)without reading or saving in any manner. Galloway,Romero&Associates(GRA)has provided this electronic computer data and makes no warranties,expressed or implied,concerning the accuracy of the information contained within any document transmitted or reviewed by computer or electronic means.GRA considers that design data is only in its final form when issued on plotted,stamped&signed drawings.The use of this data by you is considered to be at your own risk.GRA assumes no responsibility for any damages resulting from your use of this data.All existing conditions need to be verified prior to proceeding with any work.The user of this data further agrees to hold harmless,indemnify and defend Galloway,Romero&Associates and its consultants from and against all claims which might arise from the misuse of the information provided herein.Visual contact with this media shall constitute prima fade evidence of acceptance of this agreement. file://C:\Documents%20and%20Settings\default\Local%20Settings\Temp\GW}00002.HTM 12/22/2005 14 0 NA V--- 7LE POT . : , ) ( ^sy 0.0—LANI 0 Q.OLLA NA I .1 'la)- . 0 ', ,,d 0A.,,f \A-, —711 11 '-';,.. .;:? .i:,--- 'r," D-- '-5 r,e•1-:, ip' .,,41-- i,' : ut, 6 Andy Bergsagel - Federal Way, WA- Home Depot Page 1 From: "Amy Yatch" <amy_yatch@GRAA.com> To: "Andy Bergsagel" <Andy.Bergsagel@cityoffederalway.com> Date: 12/22/2005 11:12:18 AM Subject: Federal Way, WA Home Depot } Hi Andy, I wanted to share with you a few photos of the gates being open - I am still working on getting this completed in plan view like you requested. Let me know if you think these will work or let me know what I need to tweak before resending. I will also copy you on the plan view set before my official submittal. Thanks, and Happy Holidays to you! Amy Yatch Galloway, Romero&Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Telephone: 303.770.8884 Fax: 303.770.3636 The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact Galloway, Romero&Associates immediately by telephone at (303)770-8884 or by electronic mail and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Galloway, Romero&Associates (GRA) has provided this electronic computer data and makes no warranties, expressed or implied, concerning the accuracy of the information contained within any document transmitted or reviewed by computer or electronic means. GRA considers that design data is only in its final form when issued on plotted, stamped &signed drawings. The use of this data by you is considered to be at your own risk. GRA assumes no responsibility for any damages resulting from your use of this data. All existing conditions need to be verified prior to proceeding with any work. The user of this data further agrees to hold harmless, indemnify and defend Galloway, Romero& Associates and its consultants from and against all claims which might arise from the misuse of the information provided herein. Visual contact with this media shall constitute prima facie evidence of acceptance of this agreement. br° • • • I • • 1. .... �— .-- --•- fi T rvx`. her. � A x i ,—Y �� , 7.7 • 111 Ss �. .. ' y I• 3 T by 1" GYP 4 _�, * . f y►1 lit ir ..., .1, .r- ,, ,—,.... ..,,,... •4 :. .t.._ r .:-.4?,. . -. 1 '•- .- . Milk A.e • r '� �_ y.. a - ::.. ,ram >O ' . �" }„7 A 4,s ' t a"'O.Ilk. lk 1 .. r F ....'"it �� 1 v � ll Ia- b'N 5+ ',' •♦ �t,9Y .:'. t ! zl, dam{ FILE Aii6, CITY OF CITY HALL Federal Way 33325 Feder Avenue South• Box 9718 Federall Way,WA 98063 97171 8 (253)835-7000 www.cityoffederalway.com December 2, 2005 Galloway Romero Architects Attn: Amy Yatch 5350 DTC Parkway Greenwood Village, CO 80111 RE: File#04-103438-000-00-UP;REQUEST FOR INFORMATION Home Depot, 1715 South 352"d Street,Federal Way Dear Ms. Yatch: I have reviewed the resubmittal for The Home Depot outdoor sales and storage proposal,which was received by the City on October 28, 2005.From my initial review of the materials,it is clear that there is one design issue that remains to be resolved.There are also some minor clarifications needed on the plans. 1. Your photo-simulations and site plan show a proposed green and black opaque fence/screen along the front of the building.As currently depicted,this screening does not meet the design guidelines, especially in terms of design continuity.The nice columns that front The Home Depot building are perhaps its most attractive design element. Obscuring these colu}nns would not meet the design guidelines.However,there appears to be an easy solution.Please reposition the screening so that it is behind the row of columns.Also,reconfigure the gates so that when they are opened,they do not obscure the columns.Please clearly depict the fenceposts and how the gates open in plan view. You may submit this on 8%by 11-inch paper if you wish, or you may add another sheet to the plans. In order to expedite the review,you may fax or email me a sketch in plan view,prior to your formal resubmittal, so that I can quickly check to see if the screening looks like it would be acceptable. 2. On the plans you have called out"vinyl-coated chain link fence with fabric mesh."However, since some areas are not screened,it is hard to tell exactly where this mesh will be.Please indicate this fencing with a unique line style on the plans. 3. Please call out all shopping cart storage areas on the plans.The photo-simulations show shopping carts in front of the screening. I have researched the original files. Federal Way Resolution#93-146 (the original approval for this site)lists the following condition:"Appropriate cart storage facilities shall be designed within the parking lot outside of proposed parking stalls and required landscaping to collect shopping carts as required by the Director of Community Development"(Section 6(B)). Of course,you may wish to designate part of the covered area for shopping carts.The storage of carts must not block the pedestrian pathways. 4. Please note the enclosed red-lined clarifications to your gross floor area and parking calculations. Please make these clarifications prior to your resubmittal. Please note that you must subtract 11 spaces for rental trailers, for a total of 586 spaces for the site. !R ia! Ms.Yatch December 2,2005 Page 2 5. I have spoken with Greg Brozek(Federal Way Fire Department)and he has verified that the proposed storage area under the canopy is sprinklered. Greg Brozek also stated that the seasonal sales area must have a way for people to exit.Please clearly indicate on the plans how the gates open and close and how there will be exits for people who are in the new enclosed area.When I observed the current set-up at the site, it had temporary fencing with a pad-lock. Please provide the enclosed green Resubmittal Form with your resubmittal.Please provide four copies of plans and drawings. If you submit pictures/simulations,please provide two printed sets on 8 'A x 11-inch paper. If you have any questions you may call me at 253-835-2644 or email me at andy.bergsagel@cityoffederalway.com. The fax number for the Community Development Services Department is 253-835-2609. Sincerely, /71 (jed rLft/Ti/ Andy Bergsagel Planner enc: Resubmittal Form Red-lined parking calculations c: Martin Nordby,Code Compliance Officer Paul Radcliffe,Store Manager Home Depot#4703 1715 South 352nd Street Federal Way,WA 98003 Marge Rhodes Lane Powell Attorneys 1420 Fifth Avenue,#4100 Seattle,WA 98101 • Glenn Amstel Lane Powell Attorneys 1420 Fifth Avenue,#4100 • Seattle,WA 98101 • File#04-103438 Doc.I.D.34159 to the stream channel 'itself and to a-- rand on and values of the stream. Furthermore, the Department of Fisheries allows stream work only during the summer months, and without the advance issuance of the permit to work in the stream, the applicant's development could be delayed until the summer of 1994 . Section 6. Conditions. Based upon the foregoing Findings of Fact and Conclusions of Law, and upon the Recommendation of the Federal Way Land Use Hearing Examiner, the City Council of the City of Federal Way, Washington, approves the Application for a retail facility in a BC zone on a site of over five acres subject to the following conditions: (A) Grade level parking lot sidewalks shall be textured differently from the parking lot surface to signify a pedestrian walkway as required by the Director of Community Development. (B) , Appropriate cart storage facilities shall be designed within the parking lot outside of proposed parking stalls and required landscaping to collect shopping carts as required by the Director of Community Development. (C) The applicant has requested a Land Surface Modification permit to begin clearing, grading, on-site preparation and stream relocation if given Process III approval by RES # 93-146 PAGE 10 r u Home Depot Parking Count Verification 47.., > 150 4 19 14 8 63 104 27 18 28 24 17 7 22 13 11 12 6 6 17 16 36 11 633 Existing, as approved. -36 Seasonal Sales Area 597 Total shown on Oct. 28 resubmittal -11 Trailers 586 Actual Total Spaces Available for Parking 189111 Total Square Footage for site, incl outdoor areas and small bldg 300 Divide by parking ratio per zoning chart 630 Parking spaces required by zoning chart CITY RESUBMITTED COMMUNffY DEVELOPMENT SERV►CES 33325 8TM AVENUE SOUTH•PO BOX 9718 OCT $ 8 2009 'EDP WAY,WA 98063-9718 Federal Way as3835.cityo BAxas3y.com 09 wwwffederal • BUILDING DEPT.FEDERAL �►Y RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note:Additional or re visedplans or documents for an active project will not be accepted unless accompanied bytthls completed fanm. Mailed nesubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Customer Service Counter prior to submitting if you are not sureabout the number of copies required. ** Project Tracking Number: b 4 - 10 3 4- 3 b 0 P Project Name: fierg Project Address: 1115 S. 35204 S1re 1 ?tag Project Contact: 1 GJ c'h Phone: 303 • ?0 • gig Resubmitted Items: #of Copies** Detailed Description of Item plans .04.,a1e,L Jvly 2�r,tov5 MPAnorRndum bi 1r#1011t, bvp d414 reriwbrA ZZ, 2,005 q- g poriz ii cppp+e f r tot- domed O0 1w), Q 1,2ov5 4- totr0T M, ii c.4i n (zZtV dit,rett 0O#12ez 2.1,0s1)s Plum- • ** Submit the same nu rofcopies as required for your initial application.** Resubmittal requested by: Letter Dated: ---�-� ern • r Bulletin#129—August 24,2004 Page 1 of 1 k:\Handouts—Revised\Resubmittal Information Gallow__„ Romero & Associates Tra n s m i tt a 1 5350 DTC Parkway,Greenwood Village,CO 80111-3006 (303)770-8884 (303)770-3636 FAX www.gallowayromero.com To City of Federal Way Date 10-27-05 Address 33325 8th Avenue South Project Home Depot Federal Way,WA 98063-9718 Project HD1165.8A Number Attention ANDY BERGSAGEL , RE Site Plan Review for Zoning Violations File Code Delivered by Transmitted Summary of enclosed materials Quantity Description 4 Site Plan by Galloway,Romero & Associates dated July 29,2005 4 Supplemental Application Letter dated October 27,2005 1 Trip Generation Memorandum by Transpo Group dated September 22, 2005 4 Request for Modification Letter dated October 27,2005 1 CD with Photos Remarks Andy, If you have any questions or need additional information,please let me know. Thanks. Amy Copies to By Attention Transmittal Delivered by Galloway, Romero& Only Associates n Amy Yatch n Project Manager ❑ GRA FILE n RESUBMITTED O C T 2 8 2005 IgnGalloway, Romero &Associates CITY OF FEDERAL WAY Design Engineering Planning BUILDING DEPT. 5350 DTC Parkway Greenwood Village,Colorado 80111-3006 (303)770-8884 (303)770-3636 fax E-mail:amy_yatch@graa.com October 27, 2005 Mr.Andy Bergsagel City of Federal Way 33325 8th Avenue South Federal Way, WA 98063-9718 RE: File No: 04-103438-000-000-UP; #05-103214-AD; Home Depot, 1715 South 352nd Street, Federal Way Dear Mr. Bergsagel: I understand the Master Land Use Application to establish outdoor storage and display areas at the Home Depot located at 1715 South 352nd Street in Federal Way is now deemed complete as of August 30, 2005. Please accept this letter addressing City comments dated September 16, 2005, along with a site plan by Galloway, Romero and Associates dated July 29, 2005, and a Memorandum from The Transpo Group dated September 22, 2005 including a requested Traffic Impact Analysis dated March 1993 and MDNS dated April 15, 1993 provided for the City's use. On behalf of our client, Galloway,Romero &Associates would like to stress the importance of staying within the strict design guidelines and reiterate how much we are trying to accommodate this request from the City throughout the rest of the site plan approval process. The following comments address the City's concerns dated September 16, 2005: 1. Comment—The front covered area: When I visited the site on September 9, 2005, I noticed that the area along the front of the building is cordoned off with chain-link fencing, even during business hours. Please refer to comment 1(d)by Ms. Gamble,where she states that, as discussed in a previous meeting with staff, the applicant may propose a means of retractable screening along the covered area in front of the store that would enclose this area when the store is closed, and thus meet the screening requirements of FWCC Section 22-1113(c). The submitted information did not provide an elevation or other indication of what form of screening and/or enclosure would be used. The resubmittal must provide an illustration of how screening would be achieved in this area, if you decide to pursue this route. Ms. Gamble stated that chain link fencing does not meet the design guidelines. Response: Comment understood. The front covered area is currently screened with chain link fencing that the City views as unacceptable. HD would like to propose a vinyl coated black/green chain link fence with a black/green fabric mesh attached to the inside perimeter of the fence. The fence will have gates that will remain open during operating hours and will be closed at night to comply with screening requirements listed in FWCC Section 22-1113(c). The fabric mesh will make the area relatively opaque so merchandise behind it is not easily seen from the front parking lot. Letter to Federal Way October 27, 2005 Page 5 of 5 Please see photographs on CD for reference. Please also note, the site plan shows proposed screening for the east side of the building and pending improvements to the pallet storage behind the building, (#4 below) which are not pictured on the enclosed CD. 2. Comment—Non-exempt items, including anything over six feet in height: You now state in your letter that the Play Tower Display Area will be under the front awning, and you stated on the phone that the store manager also wants to display the sheds along the front of the building. The proposal is currently not acceptable. FWCC Section 22- 1113(d)(5) states that year-round outdoor sales and storage of lawn and garden stock are an"exception,"but it also states that this exception does not include outdoor play equipment, storage sheds, furniture, or mechanical equipment. Therefore, for strict compliance you must move all non-exempt items (such as outdoor play equipment) inside your store(and not have them outside at any time). FWCC Section 22-1113(c)(4) states that the height of items stored outdoors shall not exceed six feet above finished grade. Response: Comment understood. Play towers have been removed from the outside of the building. However,Home Depot would prefer to keep the storage sheds on display in the front storage area because the sheds are considered high sales volume merchandise and Home Depot feels they do not detract from the overall appearance of the building because of their clean design and articulated facade. Please see attached Request for Modification dated October 27, 2005 for more information. 3. Comment—Non-exempt items that are less than six feet in height: These items may be stored in the outdoor storage areas, only if properly screened,pursuant to FWCC Section 22-1113(c)(2) and(d)(5). Response:Please see comment#1, above. This issue is resolved due to the proposed screening along the front covered area. 4. Comment—Proposed storage area in western parking lot: Refer to Jane Gamble's comment 1.f.,where she asked you to indicate the form of screening. FWCC Section 22- 1638(a)(4) states the following,pertaining to this zone(BC): If utilized, chain-link fences visible from public rights-of-way shall utilize vinyl-coated mesh and powder-coated poles. In your particular case,the proposed fencing of the storage area is not visible from the right-of-way,because it is quite a distance from the 352' Street right-of-way, and is on a hill above the Enchanted Parkway right-of-way. However,when I visited the site I took a picture of the storage shed in the south parking lot, and I noticed that it is composed of a temporary fence with some sort of tarp attached to it, which blows in the wind. The current treatment is not in keeping with the design guidelines. Response: The site plan shows the 10,440 sq.ft. seasonal sales area is clearly not visible from the 352nd Street right-of-way. However, we are proposing a vinyl coated chain- link fence with fabric mesh attachment to improve the look of this display area. The site plan shows Home Depot would also like to propose screening improvements of this caliber along the east side of the building which will remain closed throughout Letter to Federal Way October 27, 2005 Page 5 of 5 business hours. Please also note, to improve the aesthetics of the storage areas on the west side of the building,Home Depot will rebuild and re-stain the board fence enclosing the pallet storage area. 5. Comment—Pedestrian access: FWCC Section 22-1113 states that the outdoor use activity or storage area may not inhibit safe vehicular and pedestrian movement to, from, and on the subject property. One of the enclosed pictures shows shopping carts lined up on the striped pavement in front of the covered porch area along the front of the store. So, it appears that you are not only using up the covered porch area with chain link fence for storage, you are blocking the pedestrian walkway in front of it, and forcing people to walk in drive aisle—a situation which could create a public safety hazard. Response: Comment understood. The HD store manager has removed the shopping carts from all pedestrian and vehicular right-of-ways and will continue to practice this safety measure throughout store operating hours. The City expressed concurrence that the issue has since been taken care of at the meeting on Thursday, September 29, 2005. 6. Comment—Parking figures on the site plan:Your parking figures on the site plan appear to be erroneous. You show that the "overall parking required" (including Video Only) is 628 spaces, considering all uses to require 1/300 sq.ft. You then note that "parking provided" is 597 spaces and give an overall ration of 1/300. This is erroneous, because 183,165 /300=611 (which is over 597). Please correct these figures. Response: Comment understood. As discussed in the meeting on Thursday, September 29, 2005, the revised site plan shows a new ratio of 1/317 sq.ft. Including Video Only, parking provided is 597 spaces (180,605+8505=189,110/317=597 spaces). With the addition of Seasonal Sales and Outdoor Display to the parking count requirement per Federal Way code, this store would require 602 parking spaces. Again,Home Depot has performed an internal study of parking at its stores nationwide and determined that its stores operate well with 450 parking spaces. Without counting the 37 spaces in the Seasonal Sales area, Home Depot is providing 571 parking spaces at this site. Based on the fact that the Federal Way store has never experienced parking issues, we believe that the proposed 571 spaces are more than adequate to address any and all parking needs for this store. The City confirmed concurrence on Thursday,September 29, 2005. 7. Comment—Parking and traffic generation studies: The Traffic Assessment from Transpo showed that traffic counts were recently taken on a Thursday, and that the counts are below those shown in the TIA dated March 1993 and the MDNS dated April 15, 1993. However,the memo does not state if the previous counts were weekend or weekday PM PM Peak Hour Trips. Wouldn't Home Depot have peak demand on the weekend, and not Thursday night? It would be helpful if Transpo would provide the 1993 TIA and reference the pertinent page numbers. We will not be able to approve the new study until we have clarification on this issue. Please provide estimated weekend peak counts; you may base this on your Thursday count if you can provide a previous study for Letter to Federal Way October 27, 2005 Page 5of5 this site or another Home Depot location which provides a weekday/weekend ratio. (The pertinent pages of the study would be sufficient). The project will likely be conditioned that if parking demand ever exceeds the current proposal,than at that time, the proposed seasonal sales area shall revert to a parking area. Response:Please refer to the memorandum provided by the Transpo Group dated September 22, 2005. As requested, a copy of the March 1993 TIA and the April 15, 1993 MDNS has been provided for the City's use. Home Depot and its approximately 150 employees are proud to be a part of the City of Federal Way. Since our store opened in 1995, we have become an active participant in community activities. In the last year we have partnered with the Federal Way Boys and Girls Club on numerous occasions. We have given several "Days of Caring"projects,to both the Official Club as well as their"Little House". The contributions include: • A new stove, refrigerator, and wall cabinets for the kitchen/snack bar were donated to the club by Home Depot. The staff bathroom underwent major improvements with the replacement of the vanity cabinet, counter with sink,medicine cabinet and vanity light bar. The supply room had a new door lock installed. • The "Little House", used as a teen club and meeting facility,was given new life with the addition of blinds for all of the windows. The establishment will be able to become a licensed and accredited day care center with the installation of a new triple bowl kitchen sink, faucet, counter-top, and kitchen cabinets which The Home Depot donated. • The yard that faces the street and neighborhood has been transformed from the neighborhood eyesore, to a much more pleasant view with the addition of two large landscape block planters and the maintenance of the front facing parking strip. A large deteriorating barbeque/fireplace was removed from the backyard to give more room for the children to play in. • By far the largest project was the playground that was built in a day. It was in the planning stages for three months with weekly conference calls. The Home Depot supplied over 200 volunteers, supplies, and heavy equipment to complete this incredible project. Outdoor sales are critical to Home Depot's ability to maintain its success in Federal Way, and approval of this application is key to successful outdoor sales. We hope you look favorably on our application. Please contact me with any comments or questions while reviewing this application. Thank you for your time. Letter to Federal Way October 27, 2005 Page 5 of 5 Sincerely, Atm at tl Amy Yatch Galloway, Romero &Associates RESUBMITTED IDGalloway, Romero &Associates 0 CT 2 8 2005 Design Engineering Planning CITY OF FEDERAL WAY 5350 DTC Parkway BUILDING DEPT. Greenwood Village,Colorado 80111-3006 (303)770-8884 (303)770-3636 fax www.gallowayromero.com e-mail:amyyatch@graa.com October 27, 2005 Andy Bergsagel City of Federal Way 33325 8th Avenue South Federal Way,WA 98063-9718 RE: REQUEST FOR MODIFICATION per FWCC Section 22.1113-G The Home Depot— 1715 S. 352nd Street,Federal Way,WA Permit#: #04-103438-000-00-UP; #05-103214-AD Dear Mr. Bergsagel: On behalf of our client, The Home Depot, USA, Galloway, Romero &Associates requests a modification to the FWCC Section 22.1113(c)(4) for this approximately 135,826 square foot retail facility. The code states: "If the outdoor storage area is surrounded on all sides by industrial zones, then the height of the outdoor storage shall not exceed the height of the primary structure on the subject property. In all other cases, the height of items stored outdoors shall not exceed six feet above finished grade." Home Depot is accustomed to displaying sheds along the front storage area of the building because these are considered high sales volume merchandise that do not sell as quickly when placed inside of the building. Even though these items are over 6 feet in height, Home Depot does not feel the sheds detract from the overall appearance of the building because of their clean design and articulated facade. Per FWCC Section 22.1113-G please accept this letter as an official request for modification to allow for the sale of items over six feet in height on the Home Depot property. The FWCC states: 22.1113 Commercial and Industrial Uses: (g)Modification. The applicant may request a modification of the requirements of subsection(c) of this section. This request will be reviewed and decided upon under process II. The city may approve the modification if: (1)The modification will not create a greater impact on any nearby residential use than would be created without the modification. Response:Home Depot does not feel the modification will create a greater impact on any nearby residential use. The subject property is zoned(BC) Commercial Business and the nearest residential area is located south of 356th Street triangle. While the City is aware of the close multi family unit proximity to the south of the store, the City also acknowledges the Home Depot is clearly hidden from these residential units and has low visibility from the 352nd Street right-of-way.Additionally, there is no residential use located to the north of the site that would be affected by the Home Depot. (2)The modification will not detract from the character of any use. Response:Home Depot does not feel it would detract from the character of any use. The sheds do not detract from the overall look of the subject property because of their clean design and muted color schemes. The display of sheds outside of the building encourages more efficiency when buying and selling since the items are moved more quickly and loaded onto customer's vehicles or rental equipment at time of purchase. Home Depot also displays these sheds along the front of the building where the safe movement of pedestrian and vehicular traffic is not inhibited. (3)The modification will not be injurious to public health, safety or welfare. (Ord. No. 90-43, § 2(115.105(3)), 2-27-90; Ord. No. 96-270, § 3(C), 7-2-96) Response:Home Depot does not feel the display of sheds will be injurious to public health, safety or welfare. The sheds are placed flush against the building as not to inhibit safe vehicular and pedestrian movement to,from, and on the subject property. The approval of this modification would represent a standard procedure Home Depot has found to be acceptable at most retail locations. Again, the visibility of the site is low due to the approximate 375 ft. distance from the 352nd Street right-of-way and being set on a hill above the Enchanted Parkway right-of-way. With this being a site that is relatively hidden from residential use and set back a good distance from the public right-of-way, The Home Depot respectfully requests this modification. Please contact me with any comments or questions. Thank you for your time. Sincerely, Amy Yatch Galloway, Romero &Associates RESUBMITTED The Transpo OCT 2 8 2005 Group OF FEDERAL MEMORANDUM CITY BUILDING DEPT. AY Date: September 22, 2005 TG: 05231 .00 To: Andy Bergsagel, City of Federal Way From: Tasha Atchison, The Transpo Group cc: Amy Yatch, Galloway Romero Architects Subject: Federal Way Home Depot - Response to September 16 Comments This memorandum provides a response to the City's comments on the July 28, 2005 Traffic Assessment. As requested, a copy of the March 1993 TIA and the April 15, 1993 MDNS has been provided for the City's use. Table 1 of the July 28, 2005 Traffic Assessment documents information found on page 13 of the TIA and page 2 of the MDNS. The impacts and mitigation requirements of Home Depot documented in the 1993 TIA and approved in the MDNS were based on weekday PM peak hour impacts. The 1993 TIA did not evaluate Saturday peak hour traffic operations at offsite locations for the purpose of identifying impacts and mitigation. For this reason, the Transpo Traffic Assessment focused on the weekday PM peak hour. We expect the City would continue to use the weekday PM peak hour as the point of comparison to determine if the actual store,with the proposed seasonal and outdoor display areas,is generating more or less traffic than documented and mitigated for in 1993. Please also note that the traffic volumes collected in July represent one data point during one of the busiest months of the year for Home Depot. The July counts were compared to trip generation estimates derived from rates that typically represent the seasonal average,rather than the peak high or low month. If a seasonal factor was applied to the July 2005 counts, a greater differential between actual store traffic volumes and the 1993 TIA trip generation estimates would be identified. Attachments: March 1993 TIA April 15, 1993 MDNS M:\05\05231 Federal Way Home Depot\wp\05231m2.doc The Transpo Group Inc. 11730 118th Avenue N.E.,Suite 600 Kirkland,WA 98034-7120 425.821.3665 Fax:425.825.8434 1[ 101(14ill)t o+ i,5 IA ID 1 a ( Eck . 2 ,2 vu� irci, 4 fkr, >> '�noo 5i 151U,�a�i�InS •:. ,* 4 .. t. f ...,,.. ., i WARNING I ~A I /////e4--..**ti t. ...„„, ,‘, , , , /by::'..,, x , , - ir ArA". ' #11#,:i g -04;4Z-ige;4%,-iyitqw..' j,.• A .:16 -- . „4,;.,.;'-:.. /,- ' 1 f(,,(t74?‘.4, i'a l' .0.1 t 6. 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CITY OF 33325 8th Avenue South•PO Box 9718 Fed e ra I Way Federal Way,WA 98063-9718 s. (253)835-7000 www.ci tyo ffedera l wa y.com September 16,2005 Galloway Romero Architects Attn:Amy Yatch 5350 DTC Parkway Greenwood Village, CO 80111 RE: Permit#04-103438-000-00-UP; #05-103214-AD; NOTICE OF COMPLETE APPLICATION& REQUEST FOR INFORMATION Home Depot, 1715 South 352nd Street,Federal Way Dear Ms.Yatch: Your resubmittal for Permit#04-103438-000-00-UP was received on August 2,2005.You had previously been notified in a letter dated September 29,2005,that the application was incomplete.The application is now deemed complete,as of August 30,2005.There are many issues that must be addressed before the City can approve your application. It was nice talking to you on the telephone on September 6. Since speaking with you I visited the site again. Please refer to the City's concerns in the letter dated September 29,2005 (which was prepared by previous planner,Jane Gamble). I am adding clarification,based on your resubmittal,dated July 29,2005, and received August 2,2005.Based on the requirements of the Federal Way City Code(FWCC)and correspondence with the previous planner,Jane Gamble,the following items need to be addressed.When I visited the site on September 9,2005,I took pictures,which you will find on the enclosed CD.As you prepare your plans,please keep in mind that the Community Design Guidelines(FWCC 22,Article XIX) state,"Project designers shall strive for overall design continuity by using similar elements throughout the project,such as architectural style and features,materials,colors,and textures." 1. The front covered area: When I visited the site on September 9, 2005,I noticed that the area along the front of the building is cordoned off with chain-link fencing,even during business hours.Please refer to comment 1(d)by Ms. Gamble,where she stated that,as discussed in a previous meeting with staff,the applicant may propose a means of retractable screening along the covered area in front of the store that would enclose this area when the store is closed,and thus meet the screening requirements of FWCC Section 22-1113(c).The submitted information did not provide an elevation or other indication of what form of screening and/or enclosure would be used.The resubmittal must provide an illustration of how screening would be achieved in this area,if you decide to pursue this route.Ms. Gamble stated that chain link fencing does not meet the design guidelines. 2. Non-exempt items,including anything over six feet in height: You now state in your letter that the Play Tower Display area will be under the front awning, and you stated on the phone that the store manager also wants to display the sheds along the front of the building.The proposal is currently not acceptable.FWCC Section 22-1113(d)(5)states that year-round outdoor sales and storage of lawn and garden stock are an "exception,"but it also states that this exception does not include outdoor play equipment, storage sheds, furniture, or mechanical equipment.Therefore,for strict compliance • Ms.Yatch September 16,2005 Page 2 you must move all non-exempt items(such as outdoor play equipment)inside your store(and not have them outside at any time). FWCC Section 22-1113(c)(4) states that the height of items stored outdoors shall not exceed six feet above finished grade. 3. Non-exempt items that are less than six feet in height: These items may be stored in the outdoor storage areas, only if properly screened,pursuant to FWCC Section 22-1113(c)(2)and(d)(5). 4. Proposed storage area in western parking lot: Refer to Jane Gamble's comment 1.f.,where she asked you to indicate the form of screening.FWCC Section 22-1638(a)(4) states the following,pertaining to this zone(BC): If utilized, chain-link fences visible from public rights-of-way shall utilize vinyl- coated mesh and powder-coated poles.In your particular case,the proposed fencing of the storage area is not visible from the right-of-way,because it is quite a distance from the 352"a Street right-of- way,and is on a hill above the Enchanted Parkway right-of-way.However,when I visited the site I took a picture of the storage area in the south parking lot,and I noticed that it is composed of a temporary fence with some sort of tarp attached to it,which blows in the wind.The current treatment is not in keeping with the design guidelines. 5. Pedestrian access:FWCC Section 22-11 13 states that the outdoor use activity or storage area may not inhibit safe vehicular and pedestrian movement to,from,and on the subject property. One of the enclosed pictures shows shopping carts lined up on the striped pavement in front of the covered porch area along the front of the store. So,it appears that you are not only using up the covered porch area with chain link fence for storage,you are blocking the pedestrian walkway in front of it, and forcing people to walk in the drive aisle—a situation which could create a public safety hazard. 6. Parking figures on the site plan:Your parking figures on the site plan appear to be erroneous.You show that the"overall parking required"(including Video Only)is 628 spaces,considering all uses to require 1/300 sq. ft.You then note that"parking provided"is 597 spaces and give an overall ratio of 1/300.This is erroneous,because 183,165/300=611 (which is over 597).Please correct these figures. 7. Parking and traffic generation studies:The Traffic Assessment from Transpo showed that traffic counts were recently taken on a Thursday, and that the counts are below those shown in the TIA dated March 1993 and the MDNS dated April 15, 1993.However,the memo does not state if the previous counts were weekend or weekday PM Peak Hour Trips. Wouldn't Home Depot have peak demand on the weekend,and not Thursday night?It would be helpful if Transpo would provide the 1993 TIA and reference the pertinent page numbers.We will not be able to approve the new study until we have clarification on this issue.Please provide estimated weekend peak counts;you may base this on your Thursday count if you can provide a previous study for this site or another Home Depot location which provides a weekday/weekend ratio.(The pertinent pages of the study would be sufficient).The project will likely be conditioned that if parking demand ever exceeds the current proposal,then at that time, the proposed seasonal sales area shall revert to a parking area. Your project will be put on hold until we receive a resubmittal.We are providing a copy of the code pertaining to"outdoor activities and storage." There are potentially other violations shown on the enclosed picture CD that are not addressed above. I have informed Martin Nordby,Code Enforcement Officer,of the additional violations,and will be providing him with a copy of this letter.For example,there is a lot of junk stored out in the open in the 04-103438 Doc.I.D.33135 I • . Ms.Yatch September 16,2005 Page 3 western parking lot.Failure to address these matters in a timely manner may lead to further code enforcement actions. Sincerely, Andy Bergsagel Planner enc: FWCC 22-1111,et seq.,"Outdoor Activities and Storage." CD with pictures taken September 9,2005 c: Martin Nordby,Code Compliance Officer Greg Fewins,Deputy Director Raid Tirhi,Public Works Traffic Engineering Paul Radcliffe,Store Manager Home Depot#4703 1715 South 352nd Street Federal Way,WA 98003 Tasha Richardson Transpo 11730 118th Avenue NE,#600 Kirkland,WA 98034 Marge Rhodes Lane Powell Attorneys 1420 Fifth Avenue,#4100 Seattle,WA 98101 Andrew Rigel Lane Powell Attorneys 1420 Fifth Avenue,#4100 Seattle,WA 98101 04-103438 Doc.I.D.33135 NOTICE OF INTERPRETATION The Yard Sale Store File No: 01-100594-00-AD Citation of Code Provision Subject to Interpretation Federal Way City Code(FWCC)Section 22-1113(d),"Exceptions to Outdoor Use, Activity or Storage." Summary Statement of Interpretation In addition to all other requirements of FWCC Section 22-1113(c),the City has made the following interpretation on allowed use and development requirements identified in FWCC Section 22- 1113(c)(2)related to outdoor sales associated with legally conforming commercial businesses. Outdoor accessory sales may occur adjacent to the entrance of the primary structure if fully covered by some form of awning,canopy, roof overhang,or other appurtenance that is attached to the primary structure subject to the following conditions: 1)the use or activity allows for an unobstructed five foot wide pedestrian pathway and in no way blocks any area of required ingress/egress; 2)the outdoor sales occur only during normal business hours; 3)the outdoor sales meet all fire, building, and zoning requirements; and 4)no exterior storage or display will be allowed during non-business hours. E� Date of Interpretation 4' March 2, 2001 � .. - �_r.. Availability of Official File The official project file is available for public review at the Department of Community Development Services, 33530 First Way South, PO Box 9718, Federal Way, Washington 98063-9718. Office hours are 8 a.m.to 5 p.m.,Monday through Friday. Right to Appeal Any person who is aggrieved by this interpretation may appeal the interpretation within 14 days of this notice(March 19,2001). Deadline for Filing an Appeal On or before 5 p.m.,March 19, 2001. City Staff Contact Jane Gamble,Associate Planner,253-661-4120 Published in the Federal Way Mirror: March 3,2001 Document II)#13521 Andy Bergsagel 74 ,?. a,1,1 `41 re••'` , `,,r PlannerG (,f 2) enc: FWCC 22-1111,et seq.,"Outdoor Activities and Storage." CD with pictures taken September 9,2005 c: Martin Nordby,Code Compliance Officer•- C 7> Greg Fewins,Deputy Director Raid Tirhi,Public Works Traffic Engineering Paul Radcliffe,Store Manager e Home Depot#4703 1715 S.352nd Street Federal Way,WA 98003 Tasha Richardson `-` Transpo 11730 118th Avenue NE,#600 Kirkland,WA 98034 Marge Rhodes — C. j Lane Powell Attorneys 1420 Fifth Avenue,#4100 Seattle,WA 98101 Andrew Rigel C Lane Powell Attorneys 1420 Fifth Avenue,#4100 Seattle,WA 98101 l j d / i (Dn C File#04-103438,Doc.I .33135 Home Depot, Federal Way September 9, 2005 l• 1P, ' 6et, �..,.f ' .act•f't III .—_g Fr ., __.. Sara , i mr Iem, .7 -<� _ 7 d "'_"wry _ y t '1..-... _.+ '.:-... -. "..,' c r a: "►%'ram: l P ti '�'� w , Home Depot, Federal Way; September 9, 2005Page 1 i., 4 79 t; .� ram 1.C.49:41i..1 • j . / ---- '-N 1 < ' s. 6 w u / 1 4 t,. S ice." Ni„... Home Depot, Federal Way; September 9, 2005Page 2 L •, ^ i 7. ?J77 ` ,slut- .1 .. • 4 • j « _ ' Home Depot, Federal Way; September 9, 2005Page 3 Or x Qc d-s K • Home Depot, Federal Way; September 9, 2005Page 4 , m J Y ^t ��#,.r,, r� 4� (yv _ ,...,,,:, ..,:-..,..:;7..r.„70,40L,L..- --'' iff � //ice • r JJ d iitt, . - \�' - ,�}' (�ill �,..wl �{ 4 • • ,. . ,-r , f* ,, a , _ � +'Home Depot, Federal Way; September 9, 2005Page 5 Page 1 of 1 Andy Bergsagel - Home Depot From: Ann Dower To: Andy Bergsagel Date: 9/7/2005 8:04 AM Subject: Home Depot Andy, The Home Depot resubmittal is substandard and should have shown the catch basins as requested. However, since most of the outdoor storage is covered, and they will be storing a number of different items there, many of which won't be pollution-generating, I'll approve it with the note. -Ann file://C:\Documents%20and%20Settings\default\Local%20Settings\Temp\GW}00001.HTM 9/8/2005 S a` RES NDGalloway, Romero &Associates UBMITTED Design Engineering Planning AUG 0 2 2005 5350 DTC Parkway Greenwood Village,Colorado 80111-3006 (303)770-8884 (303)770-3636 fax E-mail:amy_yatch@graa.com July 29, 2005 Mr.Andy Bergsagel City of Federal Way 33325 8th Avenue South Federal Way, WA 98063-9718 RE: File No: 04-103438-000-000-UP; Home Depot#4703 1715 South 352"d Street, Federal Way Dear Mr. Bergsagel: Pursuant to the Master Land Use Application submitted August 30, 2004 to establish outdoor storage and display areas at the Home Depot located at 1715 South 352'd Street in Federal Way, Galloway, Romero &Associates has been asked by Home Depot to complete the permitting process on their behalf Please accept this letter addressing City comments dated September 29, 2004 to the original application package, along with a site plan by Galloway, Romero and Associates dated July 29, 2005, and a Trip Generation Study by Transpo Group dated July 28, 2005, all supplementing the original application process. 1. Planning—The following comments address the City's concerns dated September 29, 2004. a. Comment- Proposed Garden Center Outdoor Display Area: The submitted site plan shows a delineated area on the pavement adjacent to the north facade of the existing garden center. Pursuant to Federal Way City Code (FWCC) Section 22-1113(d)(5), year- round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the same goods and services, are exempt from screening regulations. As such the proposed Garden Center Outdoor Display Area is permitted as shown. Response: Comment understood. This area has not been changed since the application submitted August 2004. We understand that the City has confirmed the existing Garden Center Outdoor Display Area is permitted as shown. b. Comment- Existing Work Sport Trailer Display Area: The submitted site plan shows an existing area delineated for work sport trailer rentals. There is a note on the site plan that this area is now proposed as a shed and tower display area. Please clarify whether you propose to convert the identified work sport trailer display area into the shed and play tower display area, and if so, where you propose to relocate the rental vehicles and trailers. Pursuant to FWCC Section 22-1113(d)(4), outdoor display of vehicles for sale or lease are exempt from screening requirements; however, this display area must be clearly delineated on the site plan. Please see below for comments related to the proposed shed and play tower display area. s Letter to Federal Way July 29, 2005 Page 2 of 5 Response: The identified area has not been and will not be converted to a shed/tower display area. The revised site plan shows an area delineated for TRC Rental Trailer Storage Area. Please note Home Depot has moved the Play Tower Storage Area to the front of the building as shown. As noted, outdoor display of vehicles for sale or lease are exempt from screening regulations. c. Comment - Proposed Play Tower Display Area: Please provide an elevation indicating how you propose to screen the proposed play tower display area. Pursuant to FWCC Section 22-111(c), a minimum six-foot solid screening fence or other appropriate screening is required around the outside edges of the proposed storage area. Existing landscape to the east of the proposed location may be counted towards this screening. Response:Please see comment b, above. This issue is resolved due to the designation in a new area. The site plan shows a proposed Play Tower Display Area along the front of the building. The play towers will be stored beneath the existing awnings and Porte cochere canopy of the building. d. Comment - Proposed Under-Roof Outdoor Display Area and Proposed Perimeter Hedge: The outdoor display of merchandise is permitted beneath the existing awnings of the building; however, this merchandise is not permitted to be left out after closing houses. As discussed in a previous meeting with staff, the applicant may propose a means of retractable screening that would enclose this area during closing hours, and thus meet the screening requirements of FWCC Section 22-1113(c). The submitted information did not provide an elevation or other indication of what form of screening and/or enclosure. Resubmittal must provide an illustration of how screening would be achieved in this area. Be advised that chain link fencing does not meet the Design Guideline requirements identified in FWCC Section 22-1634(a)(4) and is not an acceptable option. Please be advised that the proposed landscape hedge at the northern perimeter of the site does not satisfy the screening requirement of FWCC Section 22-1113(c), in that the hedge would be approximately 400 feet from the proposed outdoor storage area. Response: The site plan shows the proposed Under-Roof Outdoor Display Areas along the front of the building. As noted, the outdoor display of merchandise is permitted beneath the existing awnings of building; however, this merchandise is not permitted to be left out after closing hours without the use of retractable screening or enclosure. As shown on the site plan, both the 1,560 sq.ft. display area and the 636 sq.ft. display area will be fenced and screened to allow for over-night storage. To clarify, the proposed perimeter hedge will no longer be requested as shown in the application submitted August 2009 as it does not qualify as screening. e. Comment - Proposed Fence Display Area and Curb Extension: The submitted site plan has proposed to retain an existing fence display at the outside edge of the existing Porte cochere roof above the contractor loading area, and to extend the existing curb in this area by six feet. Staff have determined that while the fence display area is outdoor storage, it would be illogical to require that fencing be used to screen fencing, and as such, the Letter to Federal Way July 29, 2005 Page 3 of 5 proposed Fence Display Area is permitted. Please indicate in the resubmitted information the purpose of the proposed curb extension. Would this be curb only, or would some structure above the curb also be proposed? Response: The site plan shows a fence display at the outside edge of the existing Porte cochere roof above the contractor loading area. We understand that the City has confirmed the existing Fence Display Area is permitted as shown. To clarify, the proposed 6 ft. curb extension will no longer be requested as previously shown in the application submitted August 2004. f. Comment - Proposed 10,440 sq. ft. Seasonal Sales Area: The submitted site plan shows a proposed 18,000 sq. ft. sales area to the west of the existing building in an area that is currently developed with 56 parking stalls. Please indicate the form of screening that is proposed for this area. Be advised that chainlink fencing does not meet the Design Guideline requirements identified in FWCC Section 22-1634(a)(4). Response: The revised site plan shows a proposed 10,440 sq.ft. sales area to the west of the existing building in an area that is currently developed with 37 parking spaces. The proposed screen fencing for the Seasonal Sales Area is a 6 ft. chain-link fence with dark green fabric mesh attached to the inside perimeter. g. Comment - Gross Floor Area Expansion: Pursuant to FWCC Section 22-1113(e), if an area proposed for outdoor use, activity, or storage will be used for more than two months out of every year, then the storage area will be calculated as part of the gross floor area of the use. Please indicate the length of time that all proposed Outdoor Storage and Seasonal Sales Areas would be utilized. All of those new storage areas that are proposed to be used for more than two months out of the year must be tallied together and a recalculation of how the site satisfies the parking requirement of 1 stall per 300 square feet of gross floor area must be submitted for review. For your information, FWCC Section 22-1377(c)(4) states that a decrease in the required number of parking spaces may be permitted if a thorough parking study documents that fewer parking spaces will be adequate to fully serve the uses. Response:Home Depot has performed an internal study of parking at its stores nationwide and determined that its stores operate well with 450 parking spaces. This study is proprietary to Home Depot and has not been released for use by Galloway, Romero &Associates. With the addition of Seasonal Sales and Outdoor Display to the parking count requirement per Federal Way code, this store would require 602 parking spaces. Without counting the 37 spaces in the Seasonal Sales Area, Home Depot is providing 571 parking spaces at this site. Based on the fact that the Federal Way store has never experienced parking issues, we believe that the proposed 571 spaces are more than adequate to address any and all parking needs for this store. Please confirm the city's concurrence. Letter to Federal Way July 29, 2005 Page 4 of 5 2. Comment - Public Works Engineering Division: The applicant must, however, show on the site plan the storm drainage system within the areas that are to provide new outdoor storage. No storage may occur over existing catch basins. Debris and chemicals must not wash into the storm system via rain or cleaning operations. Response: Comment understood. Please see attached site plan for key reference note. 3. Comment- Public Works Traffic Division: The addition of the outdoor storage would constitute an increase in trip generation. The applicant needs to conduct a trip generation study for the existing site and proposed improvement, and then compare it with the approved traffic report for this site. Based on results of the analysis, the City may require the applicant to provide a complete Traffic Impact Analysis (TIA)report with possible traffic mitigation. If that is the case, a scoping sheet will be provided to the traffic analyst. All traffic analysis must be prepared by a Civil Engineer licensed in the State of Washington. Response:Please see attached Traffic Memorandum by Transpo Group dated July 28, 2005. This memo contains a summary of the current trip generation and approved trip generation, and found the actual trip generation to be within the approved limit with all uses as shown on the proposed site plan. 4. Building -The following comments address the City's concerns dated September 29, 2004. a. Comment - Building Division:A building permit is required for any fence greater than 6 feet in height. Response: Comment understood. b. Comment -Building Division: The proposed seasonal sales area will cause the accessible parking stalls to be relocated. Provide site plan with the building permit application detailing their new location. Accessible parking stalls shall be designed per the 2003 IBC. Response:Please see the revised site plan for parking stall location. The seasonal sales area has been reduced as not to include handicap parking. 5. Comment - Fire Department: There could be some restrictions on what could be stored to what height, in the new outdoor storage areas. Response: Comment understood. Letter to Federal Way July 29, 2005 Page 2 of 5 We would like to set up a meeting to review your comments and our responses with your Staff. Please contact Amy Yatch of my office at(303 770-8884) and let us know what time will be most convenient for your staff. Thank you for your time. Sincerely, G 6 1 way, Romero & ssociates r c /L i David A. Guetig, P.E '' -t-. Principal t , • ( 0 (-/- (I RESUBMITTED The AUG 0 2 2005 Transpo Group c 5 '7-32l`-{ A‘b MEMORANDUM 7r ,71 David Guetig, P.E. t -i July 28, 2005 :',„_,,,44,01:„t, Galloway, Romero &Assoc. Tasha Atchison, P.E. R ••s '.,- 05231.00 134 The Transpo Group, Inc. 4 _hr ;-.1.9,70Akti Federal Way Home Depot—Traffic Assessment This memorandum responds to your September 27,2004 request for a trip generation study at the Federal Way Home Depot. The purpose of this memorandum is to compare actual Home Depot trip generation to the traffic generation estimates approved for Home Depot in the original(1993)application approved by the City of Federal Way. This memo contains a summary of the current trip generation and approved trip generation,and found the actual trip generation to be within the approved limit. Project Description The project consists of the approved store,which is made up of a 135,826 sf Home Depot store with a 28,384 sf garden center,and the proposed elements including 10,440 sf seasonal sales area and 5,946 sf of outdoor display area. The proposed elements are currently built and in operation at the site,however the project is seeking approval of these uses. A separate building of 8,505 sf containing a Video Only also exists on the project site. The site in Federal Way,on the south side S 352nd Street and east of Enchanted Pkwy S (SR 161). The site is accessed through three driveways,all off of S 352nd Street. Trip Generation Comparison Traffic counts were taken during the 4:00 to 6:00 p.m.peak hours on Thursday,July 21,2005 and Tuesday July 26,2005 and then averaged,with the Video Only traffic separated out. The Home Depot store generates for 499 PM Peak hour trips on average. The traffic counts and trip generation calculations are provided in Attachment 1. A comparison of the trip generation estimates from the original application approved with a Mitigated Environmental Detemunation of Nonsignificance(MDNS) and the original Home Depot traffic study completed in March 1993,to the actual store trip generation is listed below in Table 1. Table 1. Home Depot Trip Generation PM Peak Hour Trips Land Use In Out Total Home Depot T1A(March 1993) 328 341 669 MDNS(April 15, 1993) 295 308 603 Actual Home Depot Traffic (July 2005) 240 259 499 The Transpo Croup 11730 11e Avenue N.E. Suite 600 Kirkland,WA 98034-7120 425 821 3665 Fax:425.825.8434 The Transpo Group As shown in Table 1,the actual trip generation at the Home Depot store,which represents the approved store and garden center and includes the proposed elements, is well under the approved amount from the original application. No new analysis is needed as the original application encompasses the amount of traffic that is currently generated by the store. Please contact me if you have any questions or need additional information. Attachments: Figure 1,Site Plan Attachment 1,Trip Generation Calculations cc: Amy Yatch,Galloway Romero Mark Asplund,Lane Powell M\C5\05231 Federal\VavHome Depot\rp\O5231m1.doc ATC c of imAy f 36870 ink 1 cs ION&L . 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Z'.'' t, ,1 MI ll 1 1 Li'll 1W11110ft ::' j U-1 u o.: Y 68= - - ...-- - 14 ' I ih .: i! 1 ' 1--= i 1 ' 0 i 81z ,,.- . ,,, *111 4-11 4 I!' ill I 1[ i I C k•-'j-- a it E li ... 1 .. 1 1p Al1 .9• _eN<,2Eri 1 . ..b1 lill 1 1 1111; .•: TB- 1 I \• ,--P- ,7 --'''''7,;---1-117:-'7-1 ------,..- § 4-4 E. 0.1 8 / I.*, • -..-.....- _____ ,. 0..-- • i.-: — I 41fr'r.-li;:- -—- - (-1,9t 44s t loos JAV-4194 ------"-------. ---'-----:•.7.7:7—'-------. .... . ---------------_ - - E 1 o Z 8 1 ' 7 ; V ___---- _—-- II (E' 'ZS 2 ' 1 ' CU c >. s-! ra S Z T, bk a) •,...i 4_, Ul - - - --- 07/0.1,105 16:06 FAX LPSL FL 37 WI9Q1 _ ( 5-103Z1 I _A9 Z 0 4 —10- 1-1-- g - 'AP LANE POWELL • ATTORNEYS & cOUNSELORs FACSIMILE COVER PAGE DATE July 3, 2005 CLIENT NUMBER 106666.0261 TIME 3:30 OPERATOR Mark Asplund TO Mr. Greg Fewins Mr. Martin Nodbry Deputy Director—Planning Dept_ Code Compliance Officer (253) 835-2609 (253) 661-4048 L . ' -}— a 1 FROM Mark J. Asplund i RE Home Depot Store#4703 —Your File#• 04-103438-000-00-1<TP Original Document to be sent: X Yes No if you do not receive the total number of pages ( 2 ), please call (206) 223.6127 COMMENTS Mr. Fewins, we represent Home Depot and wish to supplement a previous application for outdoor sales, display and storage. 106666.0261/1213it24.1 www.lanepowell_com A PROFESSIONAL CORPORATION LAW OFFICES T.205.223.7000 1420 FIFTH AVENUE,SUITE 4100 ANCHORAGE,AK.OLYMPIA,WA F,206.223.7107 sEATTLE,WASHINGTON PORTLAND,OR-SEATTLE.WA 98101-2338 LONDON,ENGLAND The information in this message Is intended only for the addressee's authorized agent. The message may contain information that is privileged,confidential,or otherwise exempt from disclosure. If the reader of this message is not intended recipient or recipient's authorized agent,then you are notified that any dissemination,distribution or copying of this message Is prohibited_ If you have received this message in error,please notify the sender by telephone and return the original and any copies of the message by mail to the sender at the address stated above. Please be advised that,if this communication includes federal tax advice,it cannot be used for the purpose of avoiding tax penalties unless you have expressly engaged us to provide written advice in a form that satisfies IRS standards for covered opinions"or we have informed you that those standards do not apply to this communication_ 16:06 FAX LPSL FL 37 lI 002 _ _ IS LANE POWELL ATTORNEYS % COUNSELORS MARK J,ASP LUND 206.223.2542 asplundm@lancpowell.com July 3, 2005 Mr. Greg Fewins Deputy Director-Planning Department City of Federal Way 33325 8th Ave. South P. O. Box 9718 Federal Way, WA 98063-9718 Re: File No.: 04-103438-000-00-UP;Home Depot Store#4703 1715 South 352nd Street, Federal Way, WA Dear Mr. Fewins: Last year, Home Depot applied for a permit to establish additional outdoor storage and display areas at the above-captioned Home Depot store. Home Depot wishes to supplement that application process, specifically by addressing City comments to the original application package and then by updating the package as necessary. Home Depot previously worked with Ms. jane Gamble of your Department, who we understand is no longer with the City. We are therefore directing this correspondence to you. Home Depot is currently preparing a supplemental application package, which we hope to have completed in the next two weeks. However, prior to submitting anything, we would like to talk with someone in your Department about the submittal and permitting processes in general. Please let us know who we should contact in your Department and whether, with Ms. Gamble's departure, someone else has or will be assigned to this particular file. We look forward to working with the City to finalize this process_ Very truly yours, AN POWEL Mark J. • and MJA:mja cc: Mr_ Martin Nordby, City of Federal Way 106666.0261/1213B22.1 WWW.LANEPOWELL_COM A PROFESSIONAL CORPORATION LAW OFFICES T. 206.223.7000 1420 5TH AVENUE, SUITE 4100 ANCHORAGE,AK . OLYMPIA,WA V. 206.223.7107 SEATTLE, WASHINGTON PORTLAND, OR . SEAT'(LE, WA 0101-2338 LONDON, ENGLAND FILE CITY OF CITY HALL 33325 8th Avenue South•PO Box 9718 Federal way Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederalway.corn September 29,2004 Ms. Erika Strawn Greenberg Farrow Architecture 15101 Redhill Avenue, Suite 200 Tustin, CA 92680 RE: File No: 04-103438-000-00-UP;HOME DEPOT#4703 1715 South 352"d Street,Federal Way Dear Ms. Strawn: The City of Federal Way Department of Community Development Services received your application to establish outdoor storage and display areas at the Home Depot located at 1715 South 352❑d Street in Federal Way. Based on review of the submitted information,the Development Review Committee has determined that the application is incomplete based on the information requested by the Public Works Traffic Division. Please refer to the enclosed September 27, 2004, memorandum from Raid Tirhi, Senior Traffic Engineer, for the information related to the required Trip Generation Study. While formal review of the proposal cannot begin until the City has received the necessary Trip Generation Study, staff has the following preliminary technical comments,which are identified at this time in order to facilitate processing of your application: 1. Planning—The following comments relate to the individual elements of the proposal. a. Proposed Garden Center Outdoor Display Area: The submitted site plan shows a delineated area on the pavement adjacent to the north façade of the existing garden center. Pursuant to Federal Way City Code(FWCC) Section 22-1113(d)(5), year-round outdoor sales and storage of lawn and garden stock,which are accessory to the indoor sale of the same goods and services,are exempt from screening regulations.As such,the proposed Garden Center Outdoor Display Area is permitted as shown. b. Existing Work Sport Trailer Display Area: The submitted site plan shows an existing area delineated for work sport trailer rentals. There is a note on the site plan that this area is now proposed as a shed and play tower display area. Please clarify whether you propose to convert the identified work sport trailer display area into the shed and play tower display area, and if so, where you propose to relocate the rental vehicles and trailers. Pursuant to FWCC Section 22- 1113(d)(4), outdoor display of vehicles for sale or lease are exempt from screening requirements; however,this display area must be clearly delineated on the site plan. Please see below for comments related to the proposed shed and play tower display area. c. Proposed Play Tower Display Area: Please provide an elevation indicating how you propose to screen the proposed play tower display area. Pursuant to FWCC Section 22-111(c),a minimum six-foot solid screening fence or other appropriate screening is required around the Ms. Strawn September 29,2004 Page 2 outside edges of the proposed storage area. Existing landscaping to the east of the proposed location may be counted towards this screening requirement. d. Proposed Under-Roof Outdoor Display Area and Proposed Perimeter Hedge: The outdoor display of merchandise is permitted beneath the existing awnings of the building; however,this merchandise is not permitted to be left out after closing hours. As discussed in a previous meeting with staff,the applicant may propose a means of retractable screening that would enclose this area during closing hours,and thus meet the screening requirements of FWCC Section 22-1113(c). The submitted information did not provide an elevation or other indication of what form of screening is proposed for this area. Please be advised that over-night outdoor storage beneath the awnings of the building will not be permitted without some form of screening and/or enclosure.Resubmittal must provide an illustration of how screening would be achieved in this area. Be advised that chainlink fencing does not meet the Design Guideline requirements identified in FWCC Section 22-1634(a)(4)and is not an acceptable option. Please be advised that the proposed landscape hedge at the northern perimeter of the site does not satisfy the screening requirement of FWCC Section 22-1113(c), in that the hedge would be approximately 400 feet from the proposed outdoor storage area. e. Proposed Fence Display Area and Curb Extension: The submitted site plan has proposed to retain an existing fence display at the outside edge of the existing porte cochere roof above the contractor loading area, and to extend the existing curb in this area by six feet. Staff have determined that while the fence display area is outdoor storage, it would be illogical to require that fencing be used to screen fencing,and as such,the proposed Fence Display Area is permitted. Please indicate in the resubmitted information the purpose of the proposed curb extension. Would this be curb only, or would some structure above the curb also be proposed? f Proposed 18,000 sq.ft. Seasonal Sales Area: The submitted site plan shows a proposed 18,000 sq. ft. sales area to the west of the existing building in an area that is currently developed with 56 parking stalls. Please indicate the form of screening that is proposed for this area.Be advised that chainlink fencing does not meet the Design Guideline requirements identified in FWCC Section 22-1634(a)(4). g. Gross Floor Area Expansion: Pursuant to FWCC Section 22-1113(e), if an area proposed for outdoor use, activity, or storage will be used for more than two months out of every year,then the storage area will be calculated as part of the gross floor area of the use. Please indicate the length of time that all proposed Outdoor Storage and Seasonal Sales Areas would be utilized. All of those new storage areas that are proposed to be used for more than two months out of the year must be tallied together and a recalculation of how the site satisfies the parking requirement of 1 stall per 300 square feet of gross floor area must be submitted for review. For your information, FWCC Section 22-1377(c)(4)states that a decrease in the required number of parking spaces may be permitted if a thorough parking study documents that fewer parking spaces will be adequate to fully serve the uses. It is important to note that if the proposed gross floor area expansion is determined to constitute a material expansion beyond that previously existing(based on the Trip Generation Analysis discussed in the enclosed memorandum from Public Works Traffic Division),then the proposal could require review under the State Environmental Policy Act(SEPA)and the required land 04-103438 1)oc.I .28962 Ms.Strawn September 29,2004 Page 3 use review process would be a Process III. Staff will inform you if the review process is other than the current Process II once the requested information has been submitted. 2. Public Works Engineering Division—Please refer to the enclosed memorandum from Ann Dower, Engineering Plans Reviewer(253-835-2732),for additional technical requirements. 3. Public Works Traffic Division—Please refer to the enclosed memorandum from Raid Tirhi, Senior Traffic Engineer(253-835-2744),for additional technical requirements. 4. Building Division—Please refer to the enclosed memorandum from Scott Sproul,Plans Examiner (253-835-2633), for additional technical requirements. 5. Fire Department—Please refer to the enclosed memorandum from Greg Brozek of the Federal Way Fire Department(253-946-7241)for additional technical requirements. Upon receipt of the requested information and revisions,the City will recommence review of your project. If you have any questions regarding this letter,please feel free to contact me at 235-835-2644. Sincerely, 4,44AbLe— Jane Gamble Associate Planner enc: FWCC Section 22-1377(c)(4) FWCC Section 22-1113(c) Memorandum from Ann Dower,Public Works Memorandum from Raid Tirhi,Public Works Memorandum from Scott Sproul,Building Division Memorandum from Greg Brozek,Fire Department c: Ann Dower,Engineering Plans Reviewer Raid Tirhi,Traffic Engineer Scott Sproul,Plans Reviewer 04-103438 Doc.I.D.28962 %gy,-.. SITE VICINITY MAP RECEIVED Store No. 4703 Address: 1715 South 352nd Street County: King County AUG 3 0 2004 City: Federal Way State: WA CITY OF FF 1FR I •W A.Q8003 BUILDING DEPT, - s ,._ i200m _ 01 '800ft I y › al JD , '.0 0 / SM7thk th Str S 3481h S 350th St7 4, . � IS 351 st Stcj r3 I S 3546 St a5 �, PROJECT � �'42R �� Q, �, SITEst ? ,/� Q � ; 35�th S 355th p1 i— 7 S 357tt7 S` :113 of a''-- Q 3 a Q I - -4-a ro $9t� $r YcaJt flJ N c I 5 350tfi St CrJ un e.2004 MnpQuest,com,Inc.;it 2004 NAVTEQ J _e .. ;. :ID to {- --.. ' k :4, • _ l R b . • ....51P4 I� - 4' , * � i ti y � try ,� �?�` �� ;� - #• ., w�.s.m..gna. . .. A ..--.-----i--- - , ••'71 !--,..- ' '" - ' . - , • Att- 4,4( , lt--.,'4,:&' ! , 4 0. „,, . .. . ;. ... . ..,,, .,. 3' "-; .."` *fle," ' i .... • fie' .r.- ..e I. ! R a+ iFMc�� ' -L" ,. i�elms.. •+ate.' i0 ',L. �"--"'}.; .,.., , . ^.. t , ,,., r 411*,..„. MASTER LAND USE APPLICATION D DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES ' �� 33530 First Way South CITY OF PO Box 9718 Federal Way AV G s Q 2004 Federal Way WA 98063-9718 253-661-4000;Fax 253-661-4129 GyTY 0f FEDEpEP�RY www.cityoffederalway.com BUlLD1N3 APPLICATION NO(S) ° l ' lb 3'4 3 8 - L L P Date '5 —3 0 - OC f Project Name The Home Depot—Federal Way,WA Property Address/Location 1715 South 352ml Street Parcel Number(s) 282 104 9008 Project Description Designated outdoor sales,storage and display areas. PLEASE PRINT Type of Permit Required Applicant Annexation Binding Site Plan Name: Home Depot U.S.A.,Inc. • Boundary Line Adjustment Address: 3800 W.Chapman Avenue,5th Floor Comp Plan/Rezone City/State: Orange,CA Land Surface Modification Zip: 92868 Lot Line Elimination Phone: (714)940-3500 Preapplication Conference Fax: (714)940-3632 Process I(Director=s Approval) X Process II(Site Plan Review) Email: , Process III(Project Approval) Signature: C� At\V-C�� Process IV(Hearing Examiner's Decision) Process V(Quasi-Judicial Rezone) Agent(if different than Applicant) ERIKTRAWN Process VI Barney Michalchuk Corporate Counsel SEPA w/Project Name: c/o Greenberg Farrow SEPA Only Address: 15101 Red Hill Avenue Shoreline: Variance/Conditional Use City/State: Tustin,CA Short Subdivision Zip: 92780 Subdivision Phone: (714)259-0500 Variance: Commercial/Residential Fax: (714)259-5480 Email: bmichalchuk@greenbergfarrow.com Signature: , Required Information _ Owner Community Business(BC)_Zoning Designation Community Comprehensive Plan Designation Name: Home Depot U.S.A.,Inc. Address: 3800 W.Chapman Avenue,5th Floor $9.5M Value of Existing Improvements City/State: Orange,CA $60K Value of Proposed Improvements Zip: 92868 Uniform Building Code(UBC): Phone: (714)940-3500 Fax: (714)940-3632 M Occupancy Type Email: V N Construction Type Signature` _A...A(1\--.1 A -\..... ERIKA M TRAWN rprporate counsel Bulletin#003—March 3,2003 Page 1 of 1 k:\Handouts—Revised\Master Land Use Application r MASTER LAND USE APPLICATION , DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CITY OF 33530 First Way South PO Box 9718 Federal Way Federal Way WA 98063-9718 253-661-4000;Fax 253-661-4129 www.cityoffederalway.com APPLICATION NO(S) Date Project Name The Home Depot—Federal Way,WA Property Address/Location 1715 South 352"d Street Parcel Number(s) 282 104 9008 Project Description Designated outdoor sales,storage and display areas. PLEASE PRINT Type of Permit Required Applicant Annexation Binding Site Plan Name: Home Depot U.S.A.,Inc. Boundary Line Adjustment Address: 3800 W.Chapman Avenue,5th Floor Comp Plan/Rezone City/State: Orange,CA Land Surface Modification Zip: 92868 Lot Line Elimination Phone: (714)940-3500 Preapplication Conference Fax: (714)940-3632 Process I(Director=s Approval) X Process II(Site Plan Review) Email: Process III(Project Approval) Signature\\L Process IV(Hearing Examiner's Decision) Process V(Quasi-Judicial Rezone) Agent(if different than Applicant) ERIKA WN Process VI Barney Michalchuk Corporate Counsel SEPA w/Project Name: c/o Greenberg Farrow SEPA Only Address: 15101 Red Hill Avenue Shoreline: Variance/Conditional Use City/State: Tustin,CA Short Subdivision Zip: 92780 Subdivision Phone: (714)259-0500 Variance: Commercial/Residential Fax: (714)259-5480 Email: bmichalchuk@greenbergfarrow.com Signature: Required Information Owner Community Business(BC)_Zoning Designation Community Comprehensive Plan Designation Name: Home Depot U.S.A.,Inc. Address: 3800 W. Chapman Avenue,5th Floor $9.5M Value of Existing Improvements City/State: Orange,CA $60K Value of Proposed Improvements Zip: 92868 Uniform Building Code(UBC): Phone: (714)940-3500 Fax: (714)940-3632 M Occupancy Type Email: V N Construction Type Signature: ERIKA M. STRAWN CorpnratP Counsel Bulletin#003—March 3,2003 Page 1 of 1 k:\Handouts—Revised\Master Land Use Application �/ %\ . i y_a �CD I- U W I 11% • CI r Z iCD �.- 1 • cn a x • �V} u, O "' = cn CC O F- a a. ►- o gibcl o Jv IN / � o� 3 0 �I� to Ili o D I •g � -Li GAS �_ �� tn Mav • Mty�oMS �o��,M Cr) ro In OJ� o. ® np 6 N �� NI �C � cl- ro I ni \ (33 V J Z N h _ G •Q 1 — tO M ` �S 961 gVC-5/-Z0r- 05 gZ NCO t�-i tY H.Z L�i -c YJ O o rlb s.. 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Ft•str CI CZ, 14 W o 45 - m�s°s, o2'%8Z �- i s� 68 82£ �S£ /z /on os 6/ 6L'82/ S82=X �;c,�'%�"� / / 2 �[0'8£ 1 N - — -- ^ N /£Z/OZZl68 .. h S 3At7 Hl 91 -: - coa;b2b0C6 3617-OZ - ION . — tZ�Z£I- V - IZ-6Z N Form No.1056(1/70) ALTA Loan Policy—1970 with ALTA Endorsement—Form 1 coverage S't A M E R I C (Amended 10-17-70,10-17-84) `S". 44, vri 3 ZPf4 i• � cd y POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. any defect in or lien or encumbrance on such title; 3. lack of a right of access to end from the land; 4. unmarketability of such title;• 5. the invalidity or unenforceability of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity or unenforceability,or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth in lending law; 6. the priority of any lien or encumbrance over the lien of the insured mortgage; 7. any statutory lien for labor or material which now has gained or hereafter may gain priority over the lien of the insured mortgage,except any such lien arising from an improvement on the land contracted for and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. any assessments for street improvements under construction or completed at Date of Policy which now have gained or hereafter may gain priority over the insured mortgage; or 9. the invalidity or unenforceability of any assignment,shown in Schedule A,of the insured mortgage or the failure of said assignment to vest title to the insured mortgage in the named insured assignee free and clear of all liens. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. ir� ik et f+vtLE Ifs,-Nsi First American Title Insurance Company �, �f L. z • es ! By r PRESIDENT v o .• SEPTEMBER 24, 1968 • s y -- ... • � ATTEST SECRETARY I��h 6-A,/f 0 Rhea '� SCHE ILE OF EXCLUSIONS FROM ^'AVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY: '(a) GOVERNMENTAL POLICE POWER. (b) ANY LAW,ORDINANCE OR GOVERNMENTAL REGULATION RELATING TO ENVIRONMENTAL PROTECTION. (c) ANY LAW,ORDINANCE OR GOVERNMENTAL REGULATION(INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING ORDINANCES) RESTRICTING OR REGULATING OR PROHIBITING THE OCCUPANCY, USE OR ENJOYMENT OF THE LAND, OR REGULATING THE CHARACTER,DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND,OR PROHIBITING A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART. (d) THE EFFECT OF ANY VIOLATION OF THE MATTERS EXCLUDED UNDER(a),(b)OR(c)ABOVE,UNLESS NOTICE OF A DEFECT,LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION HAS BEEN RECORDED AT DATE OF POLICY IN THOSE RECORDS IN WHICH UNDER STATE STATUTES DEEDS, MORTGAGES,LIS PENDENS,LIENS OR OTHER TITLE ENCUMBRANCES MUST BE RECORDED IN ORDER TO IMPART CONSTRUCTIVE NOTICE TO PURCHASERS OF THE LAND FOR VALUE AND WITHOUT KNOWLEDGE;PROVIDED,HOWEVER,THAT WITHOUT LIMITATION,SUCH RECORDS SHALL NOT BE CONSTRUED TO INCLUDE RECORDS IN ANY OF THE OFFICES OF FEDERAL, STATE OR LOCAL ENVIRONMENTAL PROTECTION,ZONING,BUILDING,HEALTH OR PUBLIC SAFETY AUTHORITIES. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE OF SUCH RIGHTS APPEARS IN THE PUBLIC RECORDS AT DATE OF POLICY. a)CREATED,SUFFERED, ED OR AGREED TO BY THE 3 DEFECTS,INSURED C AIMANT;(b)NOT KNOWN LIENS,ENCUMBRANCES,ADVE TO RSE CLAIMS OR OTHER MATTERS THE COMPANY AND NOT S OWN(BY THE PUBLIC RECORDS BUTnKNOWN TO THE INSURED CLAIMANT EITHER AT DATE OF POLICY OR AT THE DATE SUCH CLAIMANT ACQU IRED AN ESTATE OR INTEREST INSURED BY THIS POLICY OR ACQUIRED THE INSURED MORTGAGE AND NOT DISCLOSED IN WRITING BY THE INSURED CLAIMANT TO THE COMPANY PRIOR TO THE DATE SUCH INSURED CLAIMANT BECAME AN INSURED HEREUNDER;(c)RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;(d)ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY(EXCEPTTOTHE EXTENT INSURANCE IS AFFORDED HEREIN AS TO ANY STATUTORY LIEN FOR LABOR OR MATERIAL OR THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR COMPLETED AT DATE OF POLICY). 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF FAILURE OFTHE INSURED AT DATE OF POLICY OR OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS TO COMPLY WITH APPLICABLE"DOING BUSINESS"LAWS OF THE STATE IN WHICH THE LAND IS SITUATED. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS 2. (a)CONTINUATION OF INSURANCE made by such insured in any transfer or convey- AFTERThe following terms when used in this ACQUISITION OF TITLE ance of such estate or interest;provided,however, this policy shall not continue in force in favor of policy mean: This policy shall continue in force as of Date any purchaser from such insured of either said (a) "insured": the insured named in of Policy in favor of an insured who acquires all or estate or interest or the indebtedness secured by a Schedule A. The term "insured" also includes (i) any part of the estate or interest in the land de purchase money mortgage given to such insured. scribed in Schedule C by foreclosure,trustee's sale, the owner of the indebtedness secured by the in- conveyance in lieu of foreclosure, or other legal 3. DEFENSE AND PROSECUTION OF sured mortgage and each successor in ownership of manner which discharges the lien of the insured ACTIONS-NOTICE OF CLAIM TO BE such indebtedness(reserving,however,all rights and mortgage, and if the insured is a corporation, its GIVEN BY AN INSURED CLAIMANT defenses as to any such successor who acquires the transferee of the estate or interest so acquired, indebtedness by operation of law as distinguished provided the transferee is the • parent or wholly (a) The Company, at its own cost and from purchase including,but not limited to,heirs, owned subsidiary of the insured; and in favor of without undue delay,shall provide for the defense distributees,devisees,survivors,personal represents any governmental agency or instrumentality which of an insured in all litigation consisting of actions gives, next of kin or corporate or fiduciary succes- sors acquires all or any part of the estate or interest or proceedings commenced against such insured, that the Company would have had againstnst the pursuant to a contract of insurance or guaranty or defenses, restraining orders or injunctions inter- successor's transferor),and further includes MI any insuring or guaranteeing the indebtedness secured Posed against a foreclosure of the insured mort- governmental agency or instrumentality which is by the insured mortgage;provided that the amount gage or a defense interposed against an insured in an insurer or guarantor under an insurance contract of insurance hereunder after such acquisition, ex- an action to enforce a contract for a sale of the in- or guaranty insuring or guaranteeing said indebted- clusive of costs,attorneys'fees and expenses which debtedness secured by the insured mortgage,or a ness,or any part thereof, whether named as an in- the Company may become obligated to pay,shall sale of the estate or interest in said land,to the ex- sured herein or not,and(iii)the parties designated not exceed the least of: tent that such litigation is founded upon an alleged ina paragraph 2(a) of these Conditions and Stipu- defect, lien, encumbrance,or other matter insured lations. (i) the amount of insurance stated in against by this policy. (b) "insured claimant": an insured Schedule A; claiming loss or damage hereunder. (ii) the amount of the unpaid princi- (b) The insured shall notify the Company pal of the indebtedness as defined in paragraph 8 promptly in writing li) in case any action or pro- (c) "knowledge": actual knowledge, hereof, plus interest thereon, expenses of fore- ceeding is begun or defense or restraining order or not constructive knowledge or notice which may be closure and amounts advanced to protect the lien injunction is interposed as set forth in (a) above, imputed to an insured by reason of any public of the insured mortgage and secured by said in- (ii) in case knowledge shall come to an insured records. sured mortgage at the time of acquisition of hereunder of any claim of title or interest which is (d) "land": the land described, speci- such estate or interest in the.land; or adverse to the title to the estate or interest or the fically or by reference in Schedule C,and improve- lien of the insured mortgage,as insured,and which ments affixed thereto which by law constitute real (iii) the amount paid by any govern- might cause loss or damage for which the Company property; provided,however,the term"land"does mental agency or instrumentality, if such agency may be liable by virtue of this policy,or(iii)if titlt not include any property beyond the lines of the or instrumentality is the insured claimant, in the to the estate or interest or the lien of the insurec area specifically described or referred to in Schedule acquisition of such estate or interest in satisfaction mortgage, as insured, is rejected as unmarketable nor any right, title, interest,estate or easement of its insurance contract or guaranty. If such prompt notice shall not be given to tht abutting streets, roads, avenues, alleys, lanes, Company, then as to such insured all liability o. CONTINUATION OF INSURANCE ways or waterways,but nothing herein shall modi- (b) the Company shall cease and terminate in regard tt fy or limit the extent to which a right of access to AFTER CONVEYANCE OF TITLE the matter or matters for which such promp and from the land is insured by this policy. The coverage of this policy shall continue notice is required; provided,however, that failun le) "mortgage": mortgage, deed of in force as of Date of Policy in favor of an insured to notify shall in no case prejudice the rights o trust, trust deed, or other security instrument. so long as such insured retains an estate or interest any such insured under this policy unless th in the land,or holds an indebtedness secured by a Company shall be prejudiced by such failure ani (f) "public records": those records purchase money mortgage given by a purchaser then only to the extent of such prejudice. which by law•impart constructive notice of matters from such insured, or so long as such insured shall (Continued on inside back cover) relating to said land. have liability by reason of covenants of warranty CONDITIONS AND STIPULATIONS (Continued from inside front cover) (i) the actual loss of the insured expressly understood that the amount of insurance (c) The Company shall have the right at claimant; or under this policy shall be reduced by any amount own cost to institute and without undue delay (ii) the amount of insurance stated in the Company may pay under any policy insuring a prosecute any action or proceeding or to do any Schedule A, or, if applicable, the amount of insur- mortgage hereafter executed by an insured which other act which in its opinion may be necessary or ance as defined in paragraph 2(a) hereof; or isacharge or lien on the estate or interest described desirable to establish the title to the estate or (iii) the amount of the indebtedness or referred to in Schedule A, and the amount so interest or the lien of the insured mortgage,as in- secured bythe insured mortgagepayment under this policy. sured,and the Company may take any appropriate as determined Paid shall be deemed a action under the terms of this policy,whether or under paragraph 8 hereof, at the time the loss or not it shall be liable thereunder, and shall not damageinsured against hereunder occurs, together 10 SUBROGATION UPON PAYMENT thereby concede liability or waive any provision with interest thereon. ORSETLEMENT of this policy. Id) Whenever the Company shall have (b) The Company will pay, in addition to Whenever the Company shall have settled a brought any action or interposed a defense as re any loss insured against by this policy,all costs im- claim under this policy, all right of subrogation posed upon an insured in litigation carried onshall vest in the Company unaffected by any act of quired or permitted by the provisions of this policy, the Companyg by the insured claimant,except that the owner of the the Company may pursue any such litigation to for such insured, and all costs, indebtedness secured by the insured mortgage may final determination by a court of competent juris- attorneys' fees and expenses in litigation carried release or substitute the personal liability of any diction and expressly reserves the right, in its sole on by such insured with the written authorization debtor or guarantor,or extend or otherwise modify discretion, to appeal from any adverse judgment or of the Company. the terms of payment, or release a portion of the order. state or interest from the lien of the insured mort- le) In all cases where this policy permits (c) When liability has been definitely fixed gage, or release any collateral security for the in or requires the Company to prosecute or provide in accordance with the conditions of this policy, debtedness, provided such act occurs prior to for the defense of any action or proceeding,the in- the loss or damage shall be payable within 30 days receipt by the insured of notice of any claim of sured hereunder shall secure to the Company the thereafter. title or interest adverse to the title to the estate or right to so prosecute or provide defense in such ac- interest or the priority of the lien of the insured lion or proceeding,and all appeals therein,and per- 7. LIMITATION OF LIABILITY mortgage and does not result in any loss of priority of the lien of the insured mortgage.The Company mit the Company to use,at its option,the name of such insured for such purpose.Whenever requested No claim shall arise or be maintainable under shall be subrogated to and be entitled to all rights by the Company, such insured shall give the this policy(a)if the Company,after having received and remedies which such insured claimant would Company all reasonable aid in any such action or notice of an alleged defect, lien or encumbrance have had against any person or property in respect proceeding, in effecting settlement, securing evi- insured against hereunder,by litigation orotherwise, to such claim had this policy not been issued,and claim- dance, obtaining witnesses, or prosecuting or de- removes such defect, lien or encumbrance or es if requested by the Company,such insured fendingh action t or and thet Company or tablishes the title,or the lien of the insured mort- ant shall transfer to the Company all rights and shall reimburse such insured for any expense so gage,as ^cared,within a reasonable time after re- remedies against any person or property necessary incurred, ceipt of such notice; (b) in the event of litigation in order to perfect such right of subrogation and until there has been a final determination by a shall permit the Company to use the name of such 4. NOTICE OF LOSS-LIMITATION OF court of competent jurisdiction, and disposition insured claimant in any transaction or litigation in- ACTION of all appeals therefrom, adverse to the title or volving such rights or remedies. If the payment i to notices required under pars to the lien of the insured mortgage, as insured,as does not cover the loss of such insured claimant, addition of theseo the Conditions rand Stipulations,pa, -a provided in paragraph 3 hereof; or(c) for liability the Company shall be subrogated to such rights and voluntarily assumed by an insured in settling any remedies in the proportion which said payment statement in writing of any loss or damage for claim or suit without prior written consent of the bears to the amount of said loss,but such subroga- which it is claimed the Company is liable under Company. tion shall be in subordination to the insured mort- this policy shall be furnished to the Company gage. If loss of priority should result from any act within 90days after.su loss or damage shall have. 8. REDUCTION-OF LIABILITY of such insured claimant, such act shall not void been determined and no right of action shall accruethis policy, but the Company,in that event,shall to an insured claimant until 30 days after such (a) All payments under this policy, exc c be required to pay only that part of any losses in- statement shall have been furnished. Failure to payments made for costs, attorneys' fees and c- sured against hereunder which shall exceed the furnish such statement of loss or damage shall penes, shall reduce the amount of the insura .ce amount, if any,lost to the Company by reason of terminate any liability of the Company under this pro tanto; provided, however, such payments, the impairmentright of the ri t of subrogation. policy as to such loss or damage, prior to the acquisition of title to said estate or interest as provided in paragraph 2(a) of these 5. OPTIONS TO PAY OR OTHERWISE SETTLE Conditions and Stipulations, shall not reduce pro 11. LIABILITY LIMITED TO THIS POLICY CLAIMS tanto the amount of the insurance afforded here- The Company shall have the option to pay or under except to the extent that such payments re This instrument together with all endorsements otherwise settle for or in the name of an insured duce the amount of the indebtedness secured by and other instruments, if any, attached hereto by claimant any claim insured against or to terminate the insured mortgage. the Company is the entire policy and contract be all liability and obligations of the Company here tween the insured and the Company. under by paying or tendering payment of the Payment in full by any person or voluntary Anyclaim of loss or damage,age, whether or not amount of insurance under this policy together satisfaction or release of the insured mortgage based on negligence, and which arises out of the with any costs, attorneys' fees and expenses in- shall terminate all liability of the Company except status of the lien of the insured mortgage or of the curred up to the time of such payment or tender of as provided in paragraph 2(a) hereof. title to the estate or interest covered hereby or any payment by the insured claimant and authorized (b) The liability of the Company shall not action asserting such claim, shall be restricted to by the Company. In case loss or damage is claimed be increased by additional principal indebtedness the provisions and conditions and stipulations, under this policy by an insured, the Company of this policy. shall have the further option to purchase such in- created subsequent to Date of Policy, except as to debtedness for the amount owing thereon together amounts advanced to protect the lien of the in- No amendment of or endorsement to this policy with all costs, attorneys'fees and expenses which sured mortgage and secured thereby. cantthb made excepted bywriting endorsed President,deon ora the Company is obligated hereunder to pay.If the No payment shall be made withoutproducingattached hereto hse Secretary,either the - Vice President, the an Assistant Secre Company offers to purchase said indebtedness as this policy for endorsement of such payment un- tary, or validating officer or authorized signatory herein provided, the owner of such indebtedness less the policy be lost or destroyed, in which case of the Company. shall transfer and assign said indebtedness and the proof of loss or destruction shall be furnished to mortgage and any collateral securing the same to the satisfaction of the Company. the Company upon payment therefor as herein 12. NOTICES,WHERE SENT provided. 9. LIABILITY NONCUMULATIVE All notices required to be given the Company and DETERMINATION AND PAYMENT OF LOSS If the insured acquires title to the estate or any statement in writing required to be furnished the a) The liability of the Company under this interest in satisfaction of the indebtedness secured Company shall beay-SantedtoItatitsmainotficeat policy' shall in no case exceed the least of: by the insured mortgage,or an 1 IceFirs hich ssn d this pte cya, CaNfomla or to the y part thereof, it is office which issued this policy. "OWNER'S RENEWAL" SCHEDULE A TOTAL FEE FOR TITLE SEARCH, EXAMINATION AND TITLE INSURANCE $3,500.00 POLICY NO. 896727 AMOUNT OF INSURANCE: $18,515,900.00 DATE OF POLICY: DULY 10, 2002 AT 2:40PM 1. NAME OF INSURED: HD DEVELOPMENT OF MARYLAND,INC., A MARYLAND CORPORATION 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: THE NAMED INSURED 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C IS: FEE SIMPLE ESTATE SCHEDULE B POLICY NO. 896727 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2002 AMOUNT BILLED: $245,457.00 AMOUNT PAID: $122,728.50 AMOUNT DUE: $122,728.50, PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 282104-9008-02 ASSESSED VALUE OF LAND: $5,855,000.00 ASSESSED VALUE OF IMPROVEMENT: $12,660,900.00 2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR SOUTH 352ND STREET AS GRANTED BY DEED RECORDED MAY 7, 1945 UNDER RECORDING NO. 3566430. 3. RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUC;I'LD ON LANDS CONVEYED BY INSTRUMENT: RECORDED: DECEMBER 29, 1958 RECORDING NO.: 4980497 IN FAVOR OF: THE STATE OF WASHINGTON 4. RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JANUARY 12, 1959 RECORDING NO.: 4984573 IN FAVOR OF: THE STATE OF WASHINGTON 5. EASEMENT RESULTING FROM KING COUNTY SUPERIOR COURT CONDEMNATION, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: CAUSE NO.: 535008 IN FAVOR OF: STATE OF WASHINGTON FOR: DRAINAGE DITCH AFFECTS: EASTERLY PORTION OF SAID PREMISES 6. SANITARY SEWER SERVICE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: DOUGLAS CLERGET AND FAYE CLERGET, HUSBAND AND WIFE AND: FEDERAL WAY WATER AND SEWER DISTRICT RECORDED: JANUARY 24, 1986 RECORDING NO.: 8601240894 SCHEDULE B - CONT. POLICY NO. 896727 7. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C): RECORDED: FEBRUARY 16, 1989 RECORDING NO.: 8902160201 8. SANITARY SEWER AND WATER DISTRIBUTION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: FEDERAL WAY WATER AND SEWER DISTRICT AND: HOME DEPOT U.S.A., INC., A DELAWARE CORPORATION CIO GREENBERG FARROW ARCHITECTURAL PLANNING RECORDED: AUGUST 31, 1993 RECORDING NO.: 9308310313 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: MAY 31, 1994 RECORDING NO.: 9405310581 THE LIEN UNDER SAID AGREEMENT WAS RELEASED BY INSTRUMENT UNDER RECORDING NO. 9504120181. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 22, 1993 RECORDING NO.: 9309220422 IN FAVOR OF: WASHINGTON NATURAL GAS COMPANY FOR: GAS PIPELINE OR PIPELINES AFFECTS: 5 FEET ON EITHER SIDE OF THE NATURAL GAS DISTRIBUTION LINE AS CONSTRUCTED OR TO BE CONSTRUCTED 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES FOR SOUTH 352ND STREET AS GRANTED BY DEED RECORDED OCTOBER 21, 1993 UNDER RECORDING NO. 9310212098. 11. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT(BOUNDARY LINE REVISION): RECORDED: OCTOBER 26, 1993 RECORDING NO.: 9310269004 12. WETLAND AND BUFFER MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HOME DEPOT U.S.A., INC. AND: CITY OF FEDERAL WAY RECORDED: OCTOBER 29, 1993 RECORDING NO.: 9310290151 SCHEDULE B - CONT. POLICY NO. 896727 13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 14, 1994 RECORDING NO.: 9404140516 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY,A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: A STRIP OF LAND 12 FEET IN WIDTH LYING PARALLEL WITH AND ADJOINING THE EAST RIGHT-OF-WAY OF 16TH AVENUE SOUTH, ALSO KNOWN AS SR 161 14. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 14, 1994 RECORDING NO.: 9404140517 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: THE CENTERLINE OF GRANTEE'S FACILITIES AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED 15. LICENSE TO ENTER AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HOME DEPOT U.S.A., INC. AND: FEDERAL WAY WATER AND SEWER DISTRICT RECORDED: MAY 31, 1994 RECORDING NO.: 9405310577 16. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 6, 1995 RECORDING NO.: 9504060836 IN FAVOR OF: STATE OF WASHINGTON FOR: DRAINAGE EASEMENT AFFECTS: 50 FOOT WIDE STRIP OVER EASTERLY PORTION OF SAID PREMISES 17. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LINE ADJUSTMENT: NO.: BLA99-0003 RECORDED: AUGUST 16, 1999 RECORDING NO.: 19990816900008 18. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C): RECORDED: SEPTEMBER 9, 1999 RECORDING NO(S).: 19990909001504 AMENDMENT(S)AND/OR MODIFICATION(S) OF SAID COVENANTS: RECORDED: JULY 17, 2002 RECORDING NO(S).: 20020717001445 SCHEDULE B - CONT. POLICY NO. 896727 19. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DECEMBER 22, 1999 RECORDING NO.: 19991222001807 IN FAVOR OF: LAKEHAVEN UTILITY DISTRICT FOR: WATER FACILITIES AFFECTS: AS CONSTRUCTED ON SAID PREMISES AND OTHER PROPERTY 20. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DECEMBER 22, 1999 RECORDING NO.: 19991222001808 IN FAVOR OF: LAKEHAVEN UTILITY DISTRICT FOR: SEWER FACILITIES AFFECTS: AS CONSTRUCTED ON SAID PREMISES AND OTHER PROPERTY 21. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 9, 1999 RECORDING NO.: 19990919001505 FOR: INGRESS AND EGRESS AFFECTS: THAT PORTION OF SAID PREMISES IN THE NORTHWESTERLY CORNER END OF SCHEDULE B SCHEDULE C POLICY NO. 896727 THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 88°31'43" EAST 333.87 FEET ALONG THE NORTH LINE THEREOF; THENCE SOUTH 01°23'50" WEST 33.00 FEET TO THE SOUTH LINE OF THE NORTH 33.00 FEET OF SAID SUBDIVISION; THENCE CONTINUING SOUTH 01°23'50" WEST 11.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00"; THENCE SOUTH 43°36'10" EAST 120.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY AND SOUTHERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00'; THENCE SOUTH 01°23'50" WEST 48.81 FEET; THENCE NORTH 88°36'24" WEST 176.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°23'36" WEST 157.70 FEET; THENCE NORTH 88°36'24" WEST 219.16 FEET TO THE EASTERLY MARGIN OF ENCHANTED PARKWAY(STATE ROUTE 161), SAID EASTERLY MARGIN BEING A CURVE CONCAVE EASTERLY, CONCENTRIC WITH AND 50.00 FEET EASTERLY OF THE SPIRAL CENTERLINE OF SAID ENCHANTED PARKWAY AS SHOWN ON DRAWING PREPARED BY WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TITLED "SR 161 PIERCE COUNTY LINE TO KITS CORNER", SHEET 5 OF 5, APPROVED MAY 24, 1938; THENCE ALONG SAID EASTERLY MARGIN THE FOLLOWING TWO COURSES: THENCE SOUTHERLY 136.49 FEET,MORE OR LESS, ALONG SAID CONCENTRIC CURVE, THE CHORD OF WHICH BEARS SOUTH 01°03'13"WEST 136.49 FEET DISTANT, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION C.S. 147+82.54 AND THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2815.00 FEET(A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 89°54'21" WEST); THENCE SOUTHERLY 287.81 FEET ALONG LAST SAID CURVE THROUGH A CENTRAL ANGLE OF 05°51'29" TO THE NORTH LINE OF THE SOUTH 15 ACRES OF SAID SUBDIVISION; THENCE SOUTH 88°36'07" EAST 987.18 FEET ALONG LAST SAID NORTH LINE TO THE WESTERLY MARGIN OF INTERSTATE 5 (STATE HIGHWAY NO. 1) AS DESCRIBED IN DEED RECORDED UNDER KING COUNTY RECORDING NO. 4984573; THENCE ALONG SAID WESTERLY MARGIN THE FOLLOWING THREE COURSES: THENCE NORTH 13°58'06" EAST 642.01 FEET; THENCE NORTH 76°01'54" WEST 25.00 FEET; THENCE NORTH 13°58'11" EAST 163.34 FEET TO SAID SOUTH LINE OF THE NORTH 33.00 FEET; THENCE NORTH 88°31'43" WEST 1124.98 FEET ALONG SAID SOUTH LINE AND THE SOUTH LINE OF RIGHT OF WAY FOR SOUTH 352ND STREET AS DESCRIBED IN DEED TO THE CITY OF FEDERAL WAY RECORDED UNDER KING COUNTY RECORDING NO. 9310212098 TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY 54.90 FEET ALONG SAID CURVE AND • SCHEDULE C - CONT. POLICY NO. 896727 THE SOUTHERLY LINE OF SAID SOUTH 352ND STREET THROUGH A CENTRAL ANGLE OF 89°52'29" TO SAID EASTERLY MARGIN OF ENCHANTED PARKWAY; THENCE SOUTH 01°35'48" WEST 309.54 FEET ALONG SAID EASTERLY MARGIN; THENCE SOUTH 88°36'24" EAST 68.06 FEET; THENCE NORTH 01°23'36" EAST 165.00 FEET; THENCE SOUTH 88°36'24" EAST 151.00 FEET TO A POINT WHICH BEARS NORTH 01°23'36" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°23'36" WEST 37.30 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL A OF FEDERAL WAY LOT LINE ADJUSTMENT NO. BLA-99-0003 UNDER RECORDING NO. 19990816900008.) J-10/84 ENDORSEMENT Attached to Policy No. 896727-C3 Issued by First American Title Insurance Company The Company hereby insures the Insured against loss or damage which the insured shall sustain by reason of the failure of the land to abut upon a physically open street or physically open streets known as 16TH AVENUE S. AND S. 352ND ST. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. First American Title Insurance Company ..;if +s'r-` �, .. ,P0,p 4.� �' O fft * :� � � ; ci BY44 PRESIDENT �` ` o o ` n .. SEPTEMBER 24• , .b t� 1968 • ". B :b A.G.,. kk" Kii:05$11EztEstRY ' 'e*e .*****.. t•21. CLTA Form 103.7 (Rev. 6-14-96) (Land Abuts Street) Owner or Lender ENDORSEMENT Attached to Policy No. 896727-C3 Issued by First American Title Insurance Company The Company hereby insures the Insured against loss or damage which the insured shall sustain by reason of the failure of the land to be the same as that delineated on the plat of a survey made by BUSH, ROED AND HITCHINGS , dated JANUARY, 1992 AND REVISED JANUARY 16, 1992, DECEMBER 17, 1992, JANUARY 8, 1993, JULY 1, 1993, JULY 14, 1993, JULY 28, 1993, JULY 29, 1993 AND FEBRUARY 11, 1999, designated Job No. 91422.43. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. DATED: DULY 10, 2002 First American Title Insurance Company ..,, 4 13414,--4-44414-a"dtfr2r BY PRESIDENT " o c b..es,....... u. 4 *****0 * ASSIST MY C41 i F Q R 10R CLTA Form 116.1 (Rev. 6-14-96) (Survey) ENDORSEMENT Attached to Policy No. 896727-C3 Issued by First American Title Insurance Company 1. The Company hereby insures the Insured against loss or damage sustained or incurred by the insured by reason of the failure, at Date of Policy: (a) Of the land to be classified Zone CB COMMUNITY BUSINESS, according to applicable zoning ordinances and amendments thereto;or • (b) Of that classification to allow the following use or uses: RETAIL ESTABLISHMENT, AMONG OTHER THINGS There shall be no liability under this paragraph 1(b) if the use or uses are not allowed as a result of any lack of compliance with any conditions, restrictions or requirements contained in the zoning ordinances and amendments thereto mentioned above,including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. 2. The Company hereby further insures the insured against loss or damage arising from a final decree of a court of competent jurisdiction (a) prohibiting the use of the land, with any structure presently located thereon, as specified in Paragraph 1(b); or (b) requiring the removal or alteration of said structure on the basis that, at Date of Policy, said ordinances and amendments thereto have been violated with respect to any of the following matters: (i) Area, width or depth of the land as a building site for the structure; (ii) Floor space area of the structure; (iii) Setback of the structure from the property lines of the land; (iv) Height of the structure; or (v). Number of parking spaces. Page 1 of 2 F.A. Form 75 (6-1-99) (Zoning-Completed Structure,Parking Included) ALTA Form 3.1 (modified) CLTA Form 123.2 (modified) 3. There shall be no liability under this endorsement based on the invalidity of the ordinances and amendments thereto mentioned above until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and prior endorsements,nor does it increase the face amount thereof. Dated: JULY 10, 2002 First American Title Insurance Company ..... G4'1 BY 1A4444.4.4.4PRESIDENT ' o o ►.. SEPTEMBER 24, ; c' . 1458 ' a NT SECRETARY C4MORO Page 2 of 2 F.A. Form 75 (6-1-99) (Zoning-Completed Structure,Parking Included) ALTA Form 3.1 (modified) CLTA Form 123.2 (modified) ENDORSEMENT Attached to Policy No. 896727-C3 Issued by First American Title Insurance Company The Company hereby insures against loss or damage sustained or incurred by the Insured by reason of: 1. The existence of present violations on the land of any enforceable covenants,conditions, or restrictions; 2. Except as shown in Schedule B, the presence of encroachments of buildings, structures, or improvements located on the land onto adjoining lands, or any encroachments onto the land of buildings, structures,or improvements located on adjoining lands. 3. Unmarketability of the title to the estate or interest by reason of any violations on the land, occurring prior to acquisition of title to the estate or interest by the insured, of any covenants,conditions or restrictions. 4. Damage to existing building improvements: a. Which are located or encroach upon the portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain the easement for the purposes for which the same was granted or reserved; b. Resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. 5. Any final court order or judgment requiring removal from any land adjoining the land of any encroachment shown in Schedule B. Wherever in this endorsement any or all the words "covenants,conditions or restrictions" appear,they shall not be deemed to refer to or include the terms, covenants,conditions or restrictions contained in any lease. No coverage is provided under this endorsement as to any covenant, condition, restriction or other provision relating to environmental protection. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and prior endorsements,nor does it increase the face amount thereof. Dated: JULY 10, 2002 d►.,1LE• y,7 fGNh First American Title Insurance Companys ,.. •• ••.. BY PRESIDENT • Cm SEPIEMBER 24, , b d • MI4 „ - • C411fORA\* F.A. Form 31.1 (Rev. 3/99) Restrictions,Encroachments and Minerals(Improved Land) ALTA Extended- Owner ENDORSEMENT Attached to Policy No. 896727-C3 Issued by First American Title Insurance Company By this endorsement the Company modified paragraph 6 of the Conditions and Stipulations contained in the ALTA Owner's title insurance policy, amended October 17, 1970, to which this is attached,as follows: The actual los of the insured claimant,for the propose of determining maximum policy liability as provided in paragraph (6) a, shall include the following: 1. The full consideration paid for the land and improvements located on the land at date of policy, and 2. The full consideration paid for improvements erected on the land subsequent to the date of policy but before the insured claimant is required to provide notice of a claim to the company. The provisions of paragraph 6 and the policy are otherwise unaffected. The liability of the Company under this endorsement shall not exceed the amount stated above and costs which the Company is obligated under the terms of said policy to pay; and the total liability of the Company under said policy and this endorsement thereto shall not exceed,in the aggregate,the face amount of said policy and such costs. - This endorsement is made a part of said policy and is subject to the schedules,conditions and stipulations therein, except as modified by the provisions hereof. This endorsement is not to be construed as insuring the title to said estate or interest as of any later date then the date of herein expressly provided as to the subject matters hereof Dated: JULY 10, 2002 • -.011E 1;;› First American Title Insurance Company /t,ip- .. �,,,, • 4 : - Q : es, PRESIDENT • r SEPIEMBER 24, = •• 17�, . 19i1 a bko,,...... xx.. .„3,:e..,,,t.„ ,NT SECRETARY %.41 l F 0 " F.A. Special Endorsement t j ; 1! RECEIVED 1 `:N Project Photographs 0. Store No. 4703 A I)G 3 0 2004 Address: 1715 South 352nd Street County: King County City: Federal Way State: WA �I OF FEDEp�W8003 UILDING DEPT. N.. r -ff!'...�...✓'� - �K- -I F t _...W.......,...a„w, ,,. ' ...ems;:.: 1)Westernmost entrance to site on South 352nd 2) Retaining wall along South 352nd Street. Street. s S s a;a- 3) Landscaping along South 352nd Street. 4) ) Main entrance to site on South 352nd Street. 4 ' • % ; 1 f is.. 47 } f'. `.1 iii a ;.. cy . 'v _• _ .. 5) ) Main entrance to site on South 352nd Street. 6) Landscaping along South 352nd Street. ;.`11�� Project Photographs Store No. 4703 Address: 1715 South 352nd Street County: King County City: Federal Way State: WA Zip: 98003 A 1 a , ; 04 � r • � wrM'.' t- • ,iy:c.. . '�look 'z> t lik r a n . _4 Dam 7IIy u1� • _.. • 1011. 1111'.1 MI ii11. . °� .. 11111 .ar 7) Existing work sport trailer display. 8) Existing fence display. , _ _ , ,, _ 1 _ TIP:. ..,.. ilk4 .._. ii... s:., t .111.1 a ....Was ; Wifr w -4100 9) Existing under roof display at south elevation. 10) South elevation of existing store. -.- il 44 SONOr_. - _ il — � Ot - � .�� , ttj 11) Existing under roof display at south elevation. 12) Existing shed display at south elevation. , Ar` 1> 1 �:.. Project Photographs Store No. 4703 Address: 1715 South 352nd Street County: King County City: Federal Way State: WA Zip: 98003 �, ,.. - - ...-..., -1,-Air kiiiiiiikli _ jig ii , .. , -- , . ___ r-,..,-. _ . _ ,MARA. 13) Existing garden center display. 14)South and west elevation of existing store. .. 4 ' •,i r y — •1: s' J` tn;'. —'---t-i:fi!,-;1'",; —-49,-rwiT .. „._.,,,, ,, ., -- 15)West elevation of existing store. 16) Existing pallet storage. ..e. ' . tie,„ , • • 4 i-. ,. - t f _ 17) Existing pallet storage. 18) Existing pallet storage. 1031Z(i—Up Form No.22(9/9/94) d" n Jj Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 3 of 10 GUARANTEE First American Title Insurance Company First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 2 of 10 First American Title Insurance Company National Commercial Services 2101 Fourth Avenue, Suite 800, Seattle, WA 98121 (206) 728-0400 - FAX(206)448-6348 TRUSTEE'S SALE GUARANTEE LIABILITY: $ 5,000.00 ORDER NO.: NCS-112807- WA1 FEE: $ 750.00 TAX: $ 66.00 YOUR REF.: [?] First American Title Insurance Company a Corporation, herein called the Company GUARANTEES Lane, Powell,Spears and Lubersky herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below: 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; 2. The names and addresses of additional persons who, as provided by the revised code of Washington Chapter 61.24 et. seq., are entitled to receive a copy of Notice of Sale pursuant to foreclose of that certain Deed of Trust under recording no. are as shown herein. NOTE: A Fee will be charged upon the cancellation of this Commitment or Guarantee. Subject to the exclusions from coverage, the limits of liability and other provisions of the conditions and stipulations hereto annexed and made a part of this Guarantee. Dated: August 19, 2004 at 7:30 A.M. First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 3 of 10 Dated: August 25, 2004 Title to said estate or interest at the date hereof is vested in: HD Development of Maryland, Inc., a Maryland Corporation The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: Fee Simple Estate The land referred to in this Guarantee is situated in the State of Washington, County of King and is described as follows: That portion of the Northwest Quarter of the Northwest Quarter of Section 28,Township 21 North, Range 4 East, W.M., in King County,Washington, described as follows: Commencing at the Northwest corner of said Subdivision; thence South 88°31'43" East 333.87 feet along the North line thereof; thence South 01°23'50"West 33.00 feet to the South line of the North 33.00 feet of said Subdivision; thence continuing South 01°23'50"West 11.99 feet to the beginning of a curve concave to the Northeast having a radius of 50.00 feet; thence Southerly and Southeasterly 39.27 feet along said curve through a central angle of 45°00'00"; thence South 43°36'10" East 120.02 feet to the beginning of a curve concave to the Southwest having a radius of 50.00 feet; thence Southeasterly and Southerly 39.27 feet along said curve through a central angle of 45°00'00"; thence South 01°23'50"West 48.81 feet; thence North 88°36'24"West 176.02 feet to the true point of beginning; thence South 01°23'36" West 157.70 feet; thence North 88°36'24"West 219.16 feet to the Easterly margin of Enchanted Parkway (State Route 161), said Easterly margin being a curve concave Easterly, concentric with and 50.00 feet Easterly of the spiral centerline of said Enchanted Parkway as shown on drawing prepared by Washington State Department of Transportation titled "SR 161 Pierce County Line to Kits Corner", Sheet 5 of 5, approved May 24, 1938; thence along said Easterly margin the following two courses: thence Southerly 136.49 feet, more or less, along said concentric curve, the chord of which bears South 01°03'13"West 136.49 feet distant,to a point Opposite Highway Engineer's Station C.S. 147+82.54 and the beginning of a circular curve concave to the East having a radius of 2815.00 feet(a radial line through said beginning bears North 89°54'21" West); thence Southerly 287.81 feet along last said curve through a central angle of 05°51'29"to the North line of the South 15 acres of said Subdivision; thence South 88°36'07" East 987.18 feet along last said North line to the Westerly margin of Interstate 5 (State Highway No. 1)as described in deed recorded under King County Recording No. 4984573; thence along said Westerly margin the following three courses: thence North 13°58'06" East 642.01 feet; thence North 76°01'54"West 25.00 feet; thence North 13°58'11" East 163.34 feet to said South line of the North 33.00 feet; thence North 88°31'43"West 1124.98 feet along said South line and the South line of right of way for South 352nd Street as described in deed to the City of Federal Way recorded under King County Recording No. 9310212098 to the beginning of a curve concave Southeasterly having a radius of 35.00 feet; thence Westerly, Southwesterly and Southerly 54.90 feet along said curve and the Southerly line of said South 352nd Street through a central angle of 89°52'29"to said Easterly margin of Enchanted Parkway; thence South 01°35'48" West 309.54 feet along said Easterly margin; thence South 88°36'24" East 68.06 feet; thence North 01°23'36" East 165.00 feet; thence South 88°36'24" East 151.00 feet to a point which bears North 01°23'36" East from the true point of beginning; thence South 01°23'36"West 37.30 feet to the true point of beginning; First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 4 of 10 (Also known as Parcel A of Federal Way Lot Line Adjustment No. BLA-99-0003 under Recording No. 19990816900008.) APN: 282104-9008-02 EXCEPTIONS: 1. Liability for assessment(s), if any. 2. Right to make necessary slopes for cuts or fills upon said premises for South 352nd Street as granted by deed recorded May 7, 1945 under recording no. 3566430. 3. Relinquishment of all existing and future rights to light,view and air, together with the rights of access to and from the State Highway constructed on lands conveyed by document in favor of the State of Washington: Recorded: December 29, 1958 Recording No.: 4980497 4. Relinquishment of all existing and future rights to light,view and air, together with the rights of access to and from the State Highway constructed on lands conveyed by document in favor of the State of Washington: Recorded: January 12, 1959 Recording No.: 4984573 5. Easement resulting from King County Superior Court Condemnation, including terms and provisions contained therein: Cause No.: 535008 In Favor Of: State of Washington For: Drainage Ditch Affects: Easterly portion of said premises 6. A document entitled "Sanitary Sewer Service Agreement", executed by and between Douglas Clerget and Faye Clerget, husband and wife and Federal Way Water and Sewer District recorded January 24, 1986, as Instrument No. 8601240894 of Official Records. 7. Covenants,conditions, restrictions and/or easements: Recorded: February 16, 1989 Recording No.: 8902160201 8. A document entitled "Sanitary Sewer and Water Distribution Agreement", executed by and between Federal Way Water and Sewer District and Home Depot U.S.A., Inc., a Delaware Corporation c/o Greenberg Farrow Architectural Planning recorded August 31, 1993, as Instrument No. 9308310313 of Official Records. Document(s)declaring modifications thereof recorded May 31, 1994 as 9405310581 of Official Records. The lien under said agreement was released by instrument under Recording No. 9504120181. First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 5 of 10 9. Easement, including terms and provisions contained therein: Recording Information: 9309220422 In Favor of: Washington Natural Gas Company For: Gas pipeline or pipelines Affects: 5 feet on either side of the Natural Gas Distribution Line as constructed or to be constructed 10. Right to make necessary slopes for cuts or fills upon said premises for South 352nd Street as granted by deed recorded October 21, 1993 under recording no. 9310212098. 11. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) : Recorded: October 26, 1993 Recording Information: 9310269004 12. A document entitled "Wetland and Buffer Mitigation Agreement", executed by and between Home Depot U.S.A., Inc. and City of Federal Way recorded October 29, 1993, as Instrument No. 9310290151 of Official Records. 13. Easement, including terms and provisions contained therein: Recording Information: 9404140516 In Favor of: Puget Sound Power and Light Company, a Washington Corporation For: Electric Transmission and/or Distribution System Affects: A strip of land 12 feet in width lying parallel with and adjoining the East right-of-way of 16th Avenue South, also known as SR 161 14. Easement, including terms and provisions contained therein: Recording Information: 9404140517 In Favor of: Puget Sound Power and Light Company, a Washington Corporation For: Electric Transmission and/or Distribution System Affects: The centerline of grantee's facilities as constructed or to be constructed, extended or relocated 15. A document entitled "License to Enter Agreement", executed by and between Home Depot U.S.A., Inc. and Federal Way Water and Sewer District recorded May 31, 1994, as Instrument No. 9405310577 of Official Records. 16. Easement, including terms and provisions contained therein: Recording Information: 9504060836 In Favor of: State of Washington For: Drainage Easement Affects: 50 foot wide strip over Easterly portion of said premises First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 6 of 10 17. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) BLA99-0003 : Recorded: August 16, 1999 Recording Information: 19990816900008 18. Covenants, conditions, restrictions and/or easements: Recorded: September 9, 1999 Recording No.: 19990909001504 Document(s)declaring modifications thereof recorded July 17, 2002 as 20020717001445 of Official Records. 19. Easement, including terms and provisions contained therein: Recording Information: 19991222001807 In Favor of: Lakehaven Utility District For: Water Facilities Affects: As constructed on said premises and other property 20. Easement, including terms and provisions contained therein: Recording Information: 19991222001808 In Favor of: Lakehaven Utility District For: Sewer facilities Affects: As constructed on said premises and other property Note: This Company will, upon request of the Trustee or his attorney, on the 30th day preceding the date set for the Trustee's Sale, report filing of federal tax liens affecting the premises under examination. The responsibility for determining the 30th day before the sale and making the request on that same day is to be borne by the applicant and is not an automatic service of the Company. First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 7 of 10 INFORMATIONAL IONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents,the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s)to be insured. Section 28,Township 21N, Range 4E, NW Quarter. APN: 282104-9008-02 D. General taxes for the year 2004 which have been paid. Tax Account No. 282104-9008-02 Amount: $204,038.78 Assessed Land Value: $5,855,000.00 Assessed Improvement Value: $9,532,300.00 First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 8 of 10 TRUSTEE'S INFORMATION Deed of Trust to be foreclosed recorded under recording no. . Property Address: 1715 South 352nd Street, Federal Way,WA 98003 Municipality in which said land is located: Federal Way 1. The names and addresses of additional persons who, as provided by the revised code of Washington, Chapter 61.24 et.seq., are entitled to receive a copy of notice of sale are: A. Parties in possession. B. HD Development of Maryland 1715 South 352nd Street Federal Way,WA 98003 Owner C. HD Development of Maryland 1420 5th Avenue #4100 Seattle,WA 98101 Owner D. HD Development of Maryland PO BOX 105842 Atlanta, GA 30348 Owner 2. Attention is called to Soldiers' and Sailors' Relief Act of 1940 and amendments thereto which contain inhibitions against the sale of land under a deed of trust if the owner is entitled to the benefits of said Act. 3. Attention is called to the Federal Tax Lien Act of 1966 which, among other things, provides for the giving of written notice of sale in a specified manner to the Secretary of Treasury or his delegates as a requirement for the discharge or divestment of a Federal Tax Lien in a nonjudicial sale, and establishes with respect to such lien a right in the United States to redeem the property within a period of 120 days from the date of any such sale. First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 9 of 10 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee,the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property;or,(2)Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims;(2)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(3)water rights,claims or title to water,whether or not the matters excluded under(1),(2)or(3)are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads,avenues,lanes,ways or waterways to which such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any structure or improvements;or any rights or easements therein,unless such property,rights or easements are expressly and specifically set forth in said description. (b) Defects,liens,encumbrances,adverse claims or other matters,whether or not shown by the public records;(1)which are created,suffered,assumed or agreed to by one or more of the Assureds; (2)which result in no loss to the Assured; or(3)which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity,legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terns. The following terms when used in the Guarantee mean: any fees,costs or expenses incurred by an Assured in the defense of those causes of (a)the"Assured":the party or parties named as the Assured in this Guarantee,or action which allege matters not covered by this Guarantee. on a supplemental writing executed by the Company. (c)Whenever the Company shall have brought an action or interposed a defense (b)"land":the land described or referred to in Schedule(A)(C)or in Part 2,and as permitted by the provisions of this Guarantee, the Company may pursue any improvements affixed thereto which by law constitute real property. The term"land" litigation to final determination by a court of competent jurisdiction and expressly does not include any property beyond the lines of the area described or referred to in reserves the right,in its sole discretion,to appeal from an adverse judgment or order. Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in (d) In all cases where this Guarantee permits the Company to prosecute or abutting streets,roads,avenues,alleys,lanes,ways or waterways. provide for the defense of any action or proceeding,an Assured shall secure to the (c)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. Company the right to so prosecute or provide for the defense of any action or (d) "public records" : records established under state statutes at Date of proceeding,and all appeals therein,and permit the Company to use,at its option,the Guarantee for the purpose of imparting constructive notice of matters relating to real name of such Assured for this purpose. Whenever requested by the Company, an property to purchasers for value and without knowledge. Assured,at the Company's expense,shall give the Company all reasonable aid in any (e)"date":the effective date. action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be 2. Notice of Claim to be Given by Assured Claimant. necessary or desirable to establish the title to the estate or interest as stated herein, An Assured shall notify the Company promptly in writing in case knowledge shall or to establish the lien rights of the Assured. If the Company is prejudiced by the come to an Assured hereunder of any claim of title or interest which is adverse to the failure of the Assured to furnish the required cooperation,the Company's obligations title to the estate or interest,as stated herein,and which might cause loss or damage to the Assured under the Guarantee shall terminate. for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company,then all liability of the Company shall terminate 5. Proof of Loss or Damage. with regard to the matter or matters for which prompt notice is required; provided, In addition to and after the notices required under Section 2 of these Conditions and however,that failure to notify the Company shall in no case prejudice the rights of Stipulations have been provided to the Company,a proof of loss or damage signed any Assured under this Guarantee unless the Company shall be prejudiced by the and sworn to by the Assured shall be furnished to the Company within ninety(90) failure and then only to the extent of the prejudice. days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which 3. No Duty to Defend or Prosecute. constitute the basis of loss or damage and shall state, to the extent possible, the The Company shall have no duty to defend or prosecute any action or proceeding to basis of calculating the amount of the loss or damage. If the Company is prejudiced which the Assured is a party, notwithstanding the nature of any allegation in such by the failure of the Assured to provide the required proof of loss or damage, the action or proceeding. Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under 4. Company's Option to Defend or Prosecute Actions; Duty of Assured oath by any authorized representative of the Company and shall produce for Claimant to Cooperate. examination,inspection and copying,at such reasonable times and places as may be Even though the Company has no duty to defend or prosecute as set forth in designated by any authorized representative of the Company, all records, books, Paragraph 3 above: ledgers,checks,correspondence and memoranda,whether bearing a date before or (a)The Company shall have the right,at its sole option and cost,to institute and after Date of Guarantee,which reasonably pertain to the loss or damage. Further,if prosecute any action or proceeding, interpose a defense,as limited in(b),or to do requested by any authorized representative of the Company,the Assured shall grant any other act which in its opinion may be necessary or desirable to establish the title its permission, in writing, for any authorized representative of the Company to to the estate or interest as stated herein, or to establish the lien rights of the examine, inspect and copy all records, books, ledgers,checks, correspondence and Assured,or to prevent or reduce loss or damage to the Assured. The Company may memoranda in the custody or control of a third party,which reasonably pertain to the take any appropriate action under the terms of this Guarantee,whether or not it shall Loss or Damage. All information designated as confidential by the Assured provided be liable hereunder,and shall not thereby concede liability or waive any provision of to the Company, pursuant to this Section shall not be disclosed to others unless, in this Guarantee. If the Company shall exercise its rights under this paragraph,it shall the reasonable judgment of the Company,it is necessary in the administration of the do so diligently. claim. Failure of the Assured to submit for examination under oath, produce other (b)If the Company elects to exercise its options as stated in Paragraph 4(a)the reasonably requested information or grant permission to secure reasonably necessary Company shall have the right to select counsel of its choice(subject to the right of information from third parties as required in the above paragraph,unless prohibited such Assured to object for reasonable cause)to represent the Assured and shall not by law or governmental regulation,shall terminate any liability of the Company under be liable for and will not pay the fees of any other counsel,nor will the Company pay this Guarantee to the Assured for that claim. Form No.1282(Rev.12/15/95) First American Title Insurance Company Form No.22(9/9/94) Guarantee No.:NCS-112807-WA1 Trustee's Sale Guarantee Page 10 of 10 6. Options to Pay or Otherwise Settle Claims:Termination of Liability. (c)The Company shall not be liable for loss or damage to any Assured for liability In case of a claim under this Guarantee, the Company shall have the following voluntarily assumed by the Assured in settling any claim or suit without the additional options: prior written consent of the Company. (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. 9. Reduction of Liability or Termination of Liability. The Company shall have the option to pay or settle or compromise for or in the name All payments under this Guarantee,except payments made for costs,attorneys'fees of the Assured any claim which could result in loss to the Assured within the coverage and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. of this Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall 10. Payment of Loss. have the option to purchase the indebtedness secured by said mortgage or said lien (a)No payment shall be made without producing this Guarantee for endorsement for the amount owing thereon,together with any costs,reasonable attorneys'fees and of the payment unless the Guarantee has been lost or destroyed,in which case proof expenses incurred by the Assured claimant which were authorized by the Company up of loss or destruction shall be furnished to the satisfaction of the Company. to the time of purchase. (b) When liability and the extent of loss or damage has been definitely fixed in Such purchase, payment or tender of payment of the full amount of the Guarantee accordance with these Conditions and Stipulations, the loss or damage shall be shall terminate all liability of the Company hereunder. In the event after notice of payable within thirty(30)days thereafter. claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said 11. Subrogation Upon Payment or Settlement. indebtedness,together with any collateral security,to the Company upon payment of Whenever the Company shall have settled and paid a claim under this Guarantee,all the purchase price. right of subrogation shall vest in the Company unaffected by any act of the Assured Upon the exercise by the Company of the option provided for in Paragraph(a)the claimant. Company's obligation to the Assured under this Guarantee for the claimed loss or The Company shall be subrogated to and be entitled to all rights and remedies which damage,other than to make the payment required in that paragraph,shall terminate, the Assured would have had against any person or property in respect to the claim had including any obligation to continue the defense or prosecution of any litigation for this Guarantee not been issued. If requested by the Company, the Assured shall which the Company has exercised its options under Paragraph 4,and the Guarantee transfer to the Company all rights and remedies against any person or property shall be surrendered to the Company for cancellation. necessary in order to perfect this right of subrogation. The Assured shall permit the (b)To Pay or Otherwise Settle With Parties Other Than the Assured or With the Company to sue, compromise or settle in the name of the Assured and to use the Assured Claimant. name of the Assured in any transaction or litigation involving these rights or remedies. To pay or otherwise settle with other parties for or in the name of an Assured claimant If a payment on account of a claim does not fully cover the loss of the Assured the any claim Assured against under this Guarantee,together with any costs, attorneys' Company shall be subrogated to all rights and remedies of the Assured after the fees and expenses incurred by the Assured claimant which were authorized by the Assured shall have recovered its principal,interest,and costs of collection. Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph(b)the 12. Arbitration. Company's obligation to the Assured under this Guarantee for the claimed loss or Unless prohibited by applicable law,either the Company or the Assured may demand damage,other than to make the payment required in that paragraph,shall terminate, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration including any obligation to continue the defense or prosecution of any litigation for Association. Arbitrable matters may include,but are not limited to,any controversy or which the Company has exercised its options under Paragraph 4. claim between the Company and the Assured arising out of or relating to this Guarantee,any service of the Company in connection with its issuance or the breach 7. Determination and Extent of Liability. of a Guarantee provision or other obligation. All arbitrable matters when the Amount This Guarantee is a contract of Indemnity against actual monetary loss or damage of Liability is$1,000,000 or less shall be arbitrated at the option of either the Company sustained or incurred by the Assured claimant who has suffered loss or damage by or the Assured. All arbitrable matters when the amount of liability is in excess of reason of reliance upon the assurances set forth in this Guarantee and only to the $1,000,000 shall be arbitrated only when agreed to by both the Company and the extent herein described, and subject to the Exclusions From Coverage of This Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. Guarantee. The award may include attorneys'fees only if the laws of the state in which the land is The Liability of the Company under this Guarantee to the Assured shall not exceed the located permits a court to award attorneys'fees to a prevailing party. Judgment upon least of: the award rendered by the Arbitrator(s) may be entered in any court having (a)the amount of liability stated in Schedule A or in Part 2; jurisdiction thereof. (b)the amount of the unpaid principal indebtedness secured by the mortgage of an The law of the situs of the land shall apply to an arbitration under the Title Insurance Assured mortgagee, as limited or provided under Section 6 of these Conditions and Arbitration Rules. Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at the A copy of the Rules may be obtained from the Company upon request. time the loss or damage Assured against by this Guarantee occurs, together with interest thereon;or 13. Liability Limited to This Guarantee;Guarantee Entire Contract. (c)the difference between the value of the estate or interest covered hereby as (a)This Guarantee together with all endorsements, if any, attached hereto by the stated herein and the value of the estate or interest subject to any defect, lien or Company is the entire Guarantee and contract between the Assured and the encumbrance Assured against by this Guarantee. Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. 8. Limitation of Liability. (b)Any claim of loss or damage,whether or not based on negligence,or any action (a) If the Company establishes the title, or removes the alleged defect, lien or asserting such claim,shall be restricted to this Guarantee. encumbrance, or cures any other matter Assured against by this Guarantee in a (c) No amendment of or endorsement to this Guarantee can be made except by a reasonably diligent manner by any method,including litigation and the completion of writing endorsed hereon or attached hereto signed by either the President, a Vice any appeals therefrom,it shall have fully performed its obligations with respect to that President, the Secretary, an Assistant Secretary, or validating officer or authorized matter and shall not be liable for any loss or damage caused thereby. signatory of the Company. (b)In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final 14. Notices,Where Sent. determination by a court of competent jurisdiction, and disposition of all appeals All notices required to be given the Company and any statement in writing required to therefrom,adverse to the title,as stated herein. be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way.Bldg.2,Santa Ana,CA.92707. Form No.1282(Rev.12/15/95) First American Title Insurance Company 16x II - i 9g --ix/P5 Nursery (Garden Center) (817) ;. Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday, Peak Hour of Generator Number of Studies: 12 Average 1000 Sq. Feet GFA: 9 Directional Distribution: Not available Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 11.00 1.22 - 45.50 13.82 Data Plot and Equation 600 500 co c 400 W 0- I— - V X lc 300 N 0 a) Q ii H 200 X X ,'- i 100 - X X X X X . x 0 , 0 10 20 30 40 50 X= 1000 Sq. Feet Gross Floor Area X Actual Data Points - Average Rate Fitted Curve Equation: Not given R2_.k.., Trip Generation,7th Edition 1410 Institute of Transportation Engineers /1' (0.3y = / '� /z 1-pl?5 Nursery (Garden Center) (817) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday, Peak Hour of Generator } Number of Studies: 12 t ,z, Average 1000 Sq. Feet GFA: 9 "'° Directional Distribution: Not available Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 10.34 1.24 - 44.75 13.70 Data Plot and Equationfr 600 4 500 1 c 400 W Q. ;3' F- d U aa) 300 > X a) N a) � . Q X a'j: II 200 I— X 100 X X X _ X '. �rc�XX X_ X 0 , 0 10 20 30 40 50 X=1000 Sq. Feet Gross Floor Area X Actual Data Points - Average Rate • 1 I. Fitted Curve Equation: Not given 1 , Trip Generation,7th Edition 1412 Institute of Transportation Engineers e IS x �, Fb % 6� �'�r�s Nursery (Garden Center)) (817) ao Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, °` Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 12 Average 1000 Sq. Feet GFA: 9 Directional Distribution: Not available Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 3.80 0.40 - 20.75 5.32 Data Plot and Equation 190 180 - 170 - 160 150 140 ''/ a 130 - c W 120 - a H 110 - a) - c 100 - m 90 N 80 - X X II 60 - 50 - 40 ' 30 X - 20 - X X X - X X , 10 - 0 10 20 30 40 50 X= 1000 Sq. Feet Gross Floor Area X Actual Data Points - Average Rate Fitted Curve Equation: Not given R2=.*.. 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