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18-1022241 CITY OF Federal Way Centered on Oppo tuiwl'ty July 12, 2018 Jinny Park 6052 1131' Pl SE Bellevue, WA 98006 RE: Permit #18-102224-00-AD; MASTER SHON'S TAEKWONDO, 2301 SW 336TH St, Federal Way Dear Ms. Park, CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor j innyleepark@gmail. com The city is in receipt of your May 24, 2018, submittal for a Change of Use from restaurant to taekwondo facility. Pursuant to Federal Way Revised Code (FWRC) 19.215.020, Taekwondo facilities can be classified as either "Entertainment — Retail establishment providing entertainment, recreational, or cultural services" or "Health Club". The site is zoned Neighborhood Business (BN) and contains a 3,840 square -foot building, previously used as a restaurant. The request is to locate a taekwondo facility in the existing building. Minor tenant improvements are proposed inside the building. No site modifications are planned. ZONING COMPLIANCE REVIEW Federal Way Revised Code (F)VRC) 19.15.025 addresses a change of use at a developed site as follows: "19.15.025. Zoning and use review process for new tenants — Change of use at a developed site. The purpose of this section is to review and determine compliance with applicable zoning and development code requirements when a new use is proposed to occupy an existing building or site. When a land use changes from one use category in the zoning charts to another use category, a zoning compliance review shall be performed as part of the use process review, when required, or in conjunction with the required business registration and/or building permit review. Each paragraph in a zoning chart is a use category. If the new use is in the same use category as any previous legal use of the site, no zoning compliance review is required." The existing and proposed uses are different uses; therefore, a zoning compliance review is required. Per FWRC 19.15.025(1), any new use shall comply with only those standards of the use zoning charts that are directly related to the new use as determined by the director. CHANGE OF USE ANALYSIS The subject property is zoned Neighborhood Business (BN). Taekwondo facilities are a permitted use pursuant to FWRC 19.215.020, "Entertainment - Retail establishment providing entertainment, recreational, or cultural services or activities", which is the proposed use. Parking Requirements The former use required 1 space for every 100 square feet of gross floor area of the building which required 39 spaces. Through our analysis of the site we have found that the site meets sufficient parking Ms. Park July 12, 2018 Page 2 requirements. Since the proposed use requires the same amount of parking spaces as the prior use and the tenant will not be requiring any more floor area, no additional parking spaces will be required for this change of use. Setbacks Required minimum setbacks for the proposed use in the BN zone are 0 ft. front, 10 ft. side, and 10 ft. rear. No additions are proposed; the existing building meets setback requirements. ADDITIONAL COMMENTS Building All comments will be made on the submitted tenant improvement application. Lakehaven Water & Sewer • Water &/or Sewer Certificates of Availability issued separately by Lakehaven may be required to be submitted with any land use and/or building permit applications (check with land use agency for requirement). Certificates are valid for one (1) year from date of issuance. If Certificates are needed, allow 1-2 work days to issue for typical processing. 2018 cost for a Certificate of Availability is $60.00 ($120.00 for both). • Fire Flow at no less than 20 psi available within the water distribution system is a minimum of 2,500 GPM (approximate) for two (2) hours or more. This flow figure represents Lakehaven's adopted minimum level of service goals for non-residential areas regarding performance of the water distribution system under high demand conditions. If more precise available fire flow figures are required or desired, Applicant can request Lakehaven perform a system hydraulic model analysis (separate from, or concurrent with, an application for Availability). 2018 cost for a system hydraulic model analysis is $220.00. • The site has one (1) existing water service connection (SN 2880, 1" domestic meter). • The site has one (1) existing sewer service connection (SSCP 10041). • All Lakehaven Development Engineering related application forms, and associated standards information, can be accessed at Lakehaven's Development Engineering web pages (bttp://www.lakehav6n.orgg204/Deve]Qpment-LEn ineering). CLOSING Any new use shall comply with only those standards of the zoning and development regulations that are directly related to the new use. The proposed change of use is allowed in the BC Zoning District. The proposed facility also meets all zoning, parking and setback regulations. Therefore, the change of use request is hereby approved. Please be aware you must obtain a Business License approval through the City of Federal Way Finance Department and building permits for site improvements as required by the Building Department prior to occupying the subject property and operating the new office business. If you have any questions regarding this decision, please contact Planning Intern Riley Bushnell at (253) 835-2622 or at riley.bushnell@cityoffederalway.com. 18-102224-00-AD Doc, I.D. 77856 Ms. Park July 12, 2018 Page 3 Sincerely, Brian ❑avi Community Development Director enc: Approved Site Plan Brian Asbury, Lakehaven Water and Sewer, via email Riley Bushnell, Planning Intern Chris Cahan, South Kitsap Fire & Rescue, via email Cole Elliott, Development Services Manager Rick Perez, City Traffic Engineer Scott Sproul, Building Official, via email 18-102224-00-AD Doc. I.D. 77856 Grace Skidmore From: Jinny Park <jinnyleepark@gmail.com> Sent: Sunday, June 03, 2018 5:44 AM To: Permit Center Cc: Chang Shon; Jay Kim Subject: COVENANTS for Master Shon's Tae Kwon Do TI Attachments: Godfather's CCR's.pdf Project: Master Shoes Tae Kwon Do TI Address: 2301 SW 336th St. Hi Janice, Attached, please find the covenants (shared parking agreement) for Master Shoes Tae Kwon Do TI (currently God father's pizza) per your request. Below is the conversation during your coaching on 6/1 at 10:30am I'd like to recap. Jinny's question: The scope of work is within the building interior and we do not intend to do any work on the exterior. However, accessible parking and ramp will be required per Peter Lawrence, building plans examiner. We have shared parking condition in Twin Lakes Shopping Plaza and parking is outside of our lot line. What the additional documents we need to submit in order to obtain permit and perform construction to meet accessibility requirements in the parking lot? Your (Janice's) answer per building official's (Scott): A valid shared parking agreement is sufficient info for review. Jinny: Do you need an approval letter from adjacent lot owner or any other documents regarding parking? Janice: No, as long as shared parking agreement is provided, additional documents will not be required. Please refer to page 3&4, Common Areas in the attached covenant: "All area on each lot outside the building area limits (and inside the building area limits where not actually covered by floor area of a building or other structure) shall be hereinafter referred to as "Common Area". All Common areas shall be used solely for vehicular access, circulation and parking, and pedestrian traffic and for the comfort and convenience of customers, invitees, licenses, agents and employees of the owners and business occupants of the buildings constructed on the buildable areas on the lots of the shopping center and for any other use required by any governmental authority having jurisdiction." Should you or plan reviewer have any questions, please feel free to contact me. Thank you, Jinny Park 425.445.2993 inn lee ark mail.com rtrnrds�rci Ee ristod a'1 and hlrc-c VvpDrded Rail tp mrch 15. 1978 o/ CSEJ19 i�E3'� LlE41itD P.O.BM 117 CA P7 M9$306 FASERMTS WITIE COVENANTS AND RESTRICTIONS AFFEC7TING tAA �•� J�1 "L'CR") is this ay This AgrecmenC (the aado of march 1978 , between TWIN LAKES ASSOCIATES, a Washington joint venture ("Developer"), SAFMAY STORES, 'M- co 03 CORPORAT$D, a Maryland corporation .("5a£eway"); and SKAGGS DRUG O p CMMS, INC., a Utah corporation ("Skaggs"). e [� 1. p OQ RECITALS ti 1. Lots 1, 4, 5 and 6 Ownership a Developer is the owner of certain real property located in the County of King, State of Washington designated and shown as Lots 1, 4, 5 and 6 on the plot plan attached hereto as Exhibit A and as more fully described as Lots 1, 4, 5 and 6 on Exhibit B L hereto. Each of said Exhibits are hereby incorporated herein_by the above references. ' 2, Lot 2 O�innrshiv. Safeway is the owner of certain real property located in the County of King, state of Washington designated and shown as Lot 2 on the plot plan attached hereto as' 10 Exhibit A' and which is more Fully described as Lot 2, on ._ (() Exhibit B hereto. 3. Lot 3 Ownershi , Skaggs is the owner of certain real property All located in the County of King, State of Washington designated I� and shown as Lot 3 on the plot plan attached hereto as It 1:xltiibit A and which is more Cully described as Lot 3 on Exhibit B hereto. . - 4. Pli1',O5C. llcvcloper, Safeway and SIugL's encii desire that s or their respective lots and ;��tiy sul)division thereof, each be devoloped in conjunction uitli eacl► other for -tile mutual 1% EXCISE TUC NOT REQUIRED . 1<E119 k Rv ;f 4s DM51oa ' .!-poly Federal Way, Wn- (Scattlo Div.) Description: M ng,WA Docrutient - Year. Month. Day.DoelD 197 . 8.329 .889 Page: 1 of 17, Order: 01148-31872a Comment: 9 Utra i-. o: said 1';atlas anal .: each and all of said parcels and Of u►•ar; hox'ti(1;J thurcof, and r.ccordinaly do hereby establish a general pAaa :ur the improverr::ut, protection, devclol.nont, Maintenance and use of each and all of said lots as a conmorcial shopping center (hereinafter referred to as the "Shopping Center") and for such purposes said parties do hereby establish easemoslts, covenants, restrictions, liens and charges (hereinafter collectively referred to as "Restrictions") as 00 are hereinafter set forth, subject to which each of said lots, O Cn and any subdivisions thereof, shall be improved, held, exchanged, EM m leased, sold and/or conveyed. Such Restrictions shall run with O ` O the land and shall inure to the benefit of and bind the owners of each and every lot, and any subdivision thereof, in the Shopping Center and their respective successors and interests, and each of the Restrictions is imposed u7on each lot in the Shopping Center as a mutual equitable servitude in favor of each and every lot and every part and portion thereof in the Shopping . € Center. Each of the Restrictions shall create reciprocal rights and obligations among Bach of the owners of any' lot, and any subdivision thereof, in the Shopping Center; they, shall further create a privity of contract and a estate between the owners of each and every lot and their heirs, successors and assigns; and they shall, as to the owners of each and every lot, their' heirs, successors and assigns, operate as covenants running with the land for the benefit of'the Shopping genter And each and every part and portion thereof. s NOW THEREFORE, in consideration of the foregoing, and the covenants and agreements on the part of each party to the ? others as hereafter set forth, IT IS AGREED, as follows: ? I. BUILDING ARM LIMITS, MAXIMUM BUILDABLE AREA AND COMMON AREA, DEFINITIONS [MVE:I,OPMENT AND US)!. 1. Building Aress limits and Buildable Area. No building or other structure shall be constructed upon any lot in the Shopping Center other than within the confines of the building area limits (the "Building Area Limits") -2- Description: YUngr,i9A Document •- Year.Month.Day. DoclD 1978.329.889 Page: 2 of 17'— -' Order: 01148-31872a Conmsent: n I Ob 00 O Cni N m i CO � h 1 OR W-ic:h lot as 'd shown uy On cross-hatchia;; on Y:xh ii,it A hercto, 'I'he arou within the. Building Area 1.0-ILLS on each lot is sometimes hercinafter referred to as "Ifuildablc Area". Notwithstanding the foregoing, canopies and roof overhangs (including supporting columns or pillars), normal foundations, doors, trash enclosures, and loading and delivery docks and covered areas attached to such docks may project from any building or structure up to a distance of twenty (20) feet over or outside of the Building Area Limits on any lot ; provided, however, that any such projection or extension must comply with all applicable laws, rules, ordinances and regulations of every governmental body having jurisdiction over the Shopping Center; and, provided further, that no such extension or projection shall be allowed if it materially alters.the parking, configuration or vehicular and pedestrian circulation, and or access in and through the entire Shopping Center as shown on Exhibit A. 2. Maximum Buildine Area. The total square footage of floor area of all buildings and other structures within the Building Area Limits on any lot in the Shopping Center may not exceed the maximum amount therefor designated for such lot on Exhibit A under the heading "Lot Statistics,, as "Max. Bldg. Area". Such maximua amount for each lot is hereinafter referred to as "Maximum Building Area". Por purposes hereof "floor area" shall be defined as the area within the exterior surfaces of the exterior walls of any building or structure, excluding any mezzanine, trash enclosure, loading dock, covered areas attached to loading dock, canopies and roof overhangs (including supporting columns or pillars). It is understood and agreed that the alaximum Building Area for any lot is only u limitution on hui]dinl; size and imposes no obligation irhatcoever on the owner of ,uch lot to place, c;•ect, or construct a building or structure thereon having the maximum floor area. 3. COTImen dre:zs. All area on each lot outside the Building Area Limits 5Z Description: King,WA Document - Year. Month. Day.DoalD 1978.329,889 Page: 3 or 17. . Order: 01148-31872a Comment: CO CO 00 O CA LW M C] 100 ♦ti (311d ia:Nidu the L'Ili tding Area I Gaits Whore net actually co%,cred by floor area of a buiA(lin. or other structurC) s},al. be hereinafter referred to as "Common Area". All Common Areas shall be used solely for vehicular access, circulation and p<<rking, and pedestrian traffic and for the cowfort and convenience of customers, .invitees, licenses, agents and employees of the owners and business occupants of the buildings constructed on the Buildable Areas on the lots of the Shopping Center, and for any other use required by any governmental authority having jurisdiction. No building or structure may be placed, erected or constructed within the Common Area on any lot except loading and delivery docks'and covered areas attached to such docks, trash enclosures, pylon and directional Signs (as provided in Section III hereof), bumper guards ar curbs, paving, landscaping and landscape planters, lighting standards, driveways, sidewalks, walkways, parking stalls, columns or pillars supporting roof overhangs, and any other improvements as may be required under applicable laws, rules, ordinances and regulations of any governmental body having jurisdiction over the Shopping Center. 4. Design, Construction and Use of Buildings. _(a) No building or other structure shall be erected, altered, placed or permitted to remain on'any lot within the Shopping Center that is not of the same high quality of design and construction, including materials and workmanship, as is consistent .with other modern shopping centers now existing in the locale of the Shopping Center and inconformity with sound architectural and engineering standards. (b) No building or other structure on any lot in the Shopping Center may exceed one story in height (thirty-five (55) feet), plus mezzanines. (e) Each building and other structure in the Shopping Center, now and in the future, shall be designed so that the exterior elevations (including signs) and color thereof will be architecturally and aesthetically compatible and harmonious with all otlier buildings in the Shopping Center. -4- I 0 I 1 I i I Description: FCing,WA Document - Year. Month. Day.DoalD 1978.329.889 Page: 4 of 17 Order: 01148-31872a Comment: (d) Every building: in the S1opping Center shall be -•• either equipped with such automatic sprinkler systems as meet all of the standards of the Insurance Services office (or other sitailar local organization having jurisdiction) or shall be constructed in such a manner as not to adversely affect the fire rating of any building in the Shopping Center. The purpose of this Paragraph is to allow buildings built on each separate. 4M lot to be fire rated as separate and distinct units without OD W deficiency charge. O . N (e) Each building in the Shopping Center shall. be M used for commercial purposes of the type usually Do found in a retail shopping center. The occupants of the buildings shall primarily be retail. and service businesses of the type norpally associated with a retail shopping center. (f) Any construction of a building in the shopping center performed after a tenant has opened for business shall be done in such a manner that it will not adversely affect the operations of that tenant or the shopping center. I I. EASMENTS . l.- Ingress, Tgress,'and i�ark_ng. Each party hereto, as grantor with respect to each lot owned 'by such party, hereby grants to each of the other parties, as grantee's, for the benefit of each of said other parties and their respective tenants, employees, agents, and invitees of such tenants, and for the benefit of each lot owned by each grantee, a non-exclusive easement appurtenant to each lot owned by each grantee for ingress and egress by vehicular and pedestrian traffic and for vehicular parking upon, over and across the Common Area within each lot •or lots owned by the grantor. 2. Utilit Lines. Each party hereto, as grantor with respect to each lot owned by such party, hereby grants to each of the other parties, as grantees, for the benefit of each grantee and its lot or lots nonoxclusive casements appurtenant to each lot owned by each grantee, under, through and across the -5- Description: King,AA Doaament Year. Month.Day.DociD 1978.329.889 Page: 5 of 17 order: 01148-31872a Comment: .-••--� - -- --- - - - — __. -.- - ••_-- -- 0 Common Area of Inch lot c:•::ncd by the grantor for the installatin maintenance, Tepair and replacement of water drAinsup systems nr stnict-mes, water mains, storm drains, sew ors, water sprinkler system lines, telephones or electrical conduits or systems, gas mains and other public utility facilities necessary for the orderly development and operation of the Common Areas and each building in the Shopping Center; provided that the rights granted pursuant to said easements shall at all times be exercised in such manner as to cause the least interference with the normal operation of the Shopping Center; 00 and provided further, except in an emergency, the right of Od 0 any party to enter upon the lot of another party for the exercise Nof any right pursuant to said easements shall be conditioned upon cr) Q obtaining the prior written consent of such other party, which CO ti consent shall not unreasonably be withheld. All such systems, structures, mains, sewers, conduits, lines and other public utilities shall be installed and maintained below the ground level or surface of such easements. In the event the owner of any lot deems> it to be necessary to cause the installation of a storm drain, utility line or sewer across the Common Area of any other lot or lots subsequent to the initial paving and improving thereof, the owners thereof agree not to unreasonably withhold the granting of any necessary additional easement or easements; provided, however, that in no event will such installation be permitted -if it would unreasonably interfere with the normal operation of any business in the Shopping Center. ' Each party hereto, as grantor with respect to each lot owned -by such party, hereby grants to each of the other parties, as grantees, for the benefit of each grantee and its lot .'or lots , non-exclusive easements under, through and across the Shopping Center to each other for the purpose of installing and maintaining the free-standing pylon signs here- inafter referred to in Section III hereof. III. OPERATION AND USE 4F COt•7MA8AREA, 1. EmLloyce Parking. Anything herein to the contrary notwithstanding, specific areas within the Common Areas of the Shopping Center to be used -e- 9 q Description: King,WA Doament - Year. Month. Day. DoclD 1978.329.889 Page: 6 of 17� Order: 01148-31872a Ccmmient: for motor vehicle parking purposes by employees of occupants of the Shopping Center may be designated from time to time by unanimous written consent of the occupants of Lots 2 and 3 and the owner of Lot 4, and the owner(s) of the lots) where the employee parking is to be located. In the event employee parking arias arc designated as provided herein, employees of any owner, lessee, or other occupant of any building in the Shopping Center shall use M only those portions of the Common Area designated for such 00 co employee rotor vehicle parkinC purposes. The authority herein 0) grantod shall be exercised in such manner as not to discriminate f N ,4 ce) against any owner or commercial establishment in the Shopping O . 04 Center. 2. Sims. Subject to any necessary governmental approval, a free-standing pylon or monument sign way be erected at each location which may be unanimously approved in writing by the occupants of Lots 2 and 3 and the owners of Lot 4 and of each lot upon which a sign is to be erected. Each such -sign shall contain the name of the Shopping Center, and the trade name of the occupant of Lots 2 and/or 3 if requested by said occupant and the trade names of not more than two (2) occupants of Lot 4 if requested by the owner thereof; provided that the trade names of the occupants of Lots 2 and/or 3 may each be not more than one-half (1/2) as large as the name of the Shopping Center and the trade name(s) Of the occupant(s) of Lot 4 may be each not more than two-thirds (2/3) as large as the trade name(s) of the occupants of Lots 2 and/or 3; and provided further, that the size, design, color and appearance of the Shopping Center name and the permitted occupant trade names (other than the standard trade name depictions of the occupants of Lots 2 and/or 3) shall be subject to the prior written approval of the owner of Lot 4 and the occupants of Lots 2 and 3, which approval shall not unreasonably be withheld. Any additional sign erection or maintenance costs attributable to the addition of any such trade name to said sign or signs shall be borne exclusively by the owner of the lot whose trade name (or whose tenant's trade nave) is so added. No signs other than such pylon or monument sign(s) and a reasonable number of directional signs upon the parking and driveway areas in the Common Area in the Shopping Center shall be erected or maintained on any lot without the unanimous prior written approval of the owners of Lots 1, 2 and 3, Skaggs, Safeway and Developer as long as they lease or own a lot, All such directional signs shall require the written approval as to location, size, color and design of the occupants of Lots 2 and 3 and the owner of Lot 4. -7- Description: Xing,WS Doosmtent - Year. Month. Day.DoclD 1978.329.889 Order: 01148-31872a Conment: _- - - - : 7 of 17 0o 00 O N M co h S The u;•:ne of each Lot shall use tho Common Arua on his lot u.:c:luuively for the us— specified herein and in such manner au'will not unreasonably interfere with the primary purpose of the Common Area which is to provide for parking for the owners, customers, invitees, employees, agents._ and licensees of the businesses located within the buildings in the Shopping Center and for the servicing and supplying of such businesses. IV. 9:11MRAL PROVISIONS. 1. Covenants Rua With The- land. Each easement, restriction and covenant over each lot or parcels in the Shopping Center shall be appurtenant to and for the benefit of oach other lot in. the Shopping Center and ouch part thereof. Each covenant, restriction and undertaking as to each lot in the Shopping Canter shall be a burden thereon far the benefit'of 'each other lot and each part thereof, and shall run with the land. 8. Inurement. This Instrument and the easements, covenants, restric- tions, benefits and obligations created hereby shall inure to the benefit of and be binding upon each party- hereto and its• successors and assigns; provided, however, that if any owner sells any portion or all of its interest in any lot owned by such owner, the vendor shall thereupon be released and discharged frog any and all further obligations under this Declaration as such owner in connection with the property sold by it if the vendee expressly assumes all of such obligation. 3. Duration. Except as otherwise provided herein, each easement, condition, covenant, restriction and undertaking sot•forth heroin shall remain in full force and effect for a term of 'fifty-seven (57) years from the date hereof. 4. Injunctive Reliof. In the event of any violation or threatened violation by any owner, lessee, or occupant of any portion of the -S- Descriptiaa: Tdfng,WA DOCUnLeat -• Xear.Month.Day.DoclD 1979.329.889 page: a of 1 Order: 01148-31872a Comment: — = ' •------ M 00 00 C:) C) CM Ch O 00 ti N Shopping Center of any of thE: Lerms, covenants and conditions hurain contained, in addition to the other remedies herein provided, any or all of the owners of the property included with- in the Shopping Center or Safeway or Skaggs as long as they are owner or tenant shall have the right to enjoin such violatioa or threatened violation in a court of competent jurisdictioa. 5. Modification and Termination. (a) This Instrument. may not be modified in any respect whatsoever or terminated, in whole or -in part, exzept With the written consent of the owners of ninety percent (90.0o%) of the total square footage Of the land area of the Shopping Center and each of the tcnants.of Lots 2 and 3 , it any, at the time of such modification or rescission, and then only by written instrument duly executed and acknowledged by all;` of said owners and said tenants, if any, duly'recordad in the office of the Recorder of lane County, Washington. (b) No such modification or -termination shall be effective or valid if it discriminates in any material respect against any lot in the 'Shopping Center or materially and adversely alters the relative legal rights of any lot created by this instrument vis-a-vis the other lots unless the owner of such lots so affected expressly consents in writing to such modification or termination. 6. Not a Public Dedication. Nothing herein contained shall be deemed to be a girt or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Instrument shall be strictly limited to and for the purposes herein expressed, 7.! Breach Shall Not permit Termination of , Defeat Mortrarc. It is expressly agreed that no breach of this Instrument shall entitae any owner to cancel, rescind or otherwise to terminate this Instrument, but such limitation shall not affect, in any manner, any other rights or remedies which such owner may have hereunder by reason of any breach hereof. Any breach of any - 9- Description: King,WA Document - Year.Month.Day.Doc= 1978.329.899 Page. 9 of 17 Order: 01148-31872a Comment: -.--.—-��------ — - R Q of said covenants or restric,Lon, however, shall not duicat, or render invalid the lioll of any mortgage or dood of trust ra;cde in good faith for value, but such covenants or restrictions shall be binding upon and effective against such owner of any of said property or any portion thereof whose title thereto is acquired by foreclosure, trustee sale, or otherwise. O) B. severability. - Co co If any clause, sentence or other portion of this .Q Cfi Instrument shall become illegal, null, or void for any reason, cli CY) or shall be held by any court of competent jurisdiCtion to J%C. O tiso, the remaining portions thereof shall remain in full forro and effect. 9. iimincnt Domain.' (a) Owner's ri ht to award. Nothing herein shall be construed to give any party any interest in any award or'payoent made to any other party iA connection with any exercise of eminent domain or transfer in lieu thereof affecting said othet party's lot or give the public or any government any rights in any i lot in.the Shopping Center. In the event of any exercise of. , eminent domain or transfer in lieu thereof of any part of the Common Areas located on any lot .in the Shopping Center, the award attributable to the land and improvements of such portion of the Common Area shall be payable only to the owner in fee there- of -and no claim thereon shall be made by the owners of the Common Areas on any other lot (b) Collateral claims: All other owners of the Common Areas may file collateral claims with the condemning authority For their losses which are separate and apart from the value -of the land area and improvements taken from another owner. (c) Tenant's claim: Nothing in this Paragraph shall prevent a tenant from making a claim against an owner pursuant to tho provisions of any lease between tenant and owner for all of a portion of any such award or payment. - (d) •Aestoration of Common lreas: 'The owner of the fee of each portion of the Common Areas so condemned shall promptly repair and restore the regaining portion of the Conmon -10- Description: Sing,WA Docmnent - Year. Month. Day.DoclD 1978.329.889 Page: 10 of 17��� Order: 01148-31872a Co went: ---- -' - Areas so owned as near as p,acticable to the condition of ssxie lomcdiatoly prior to such condemnation or transfer to the extent that the proceeds of such award are sufficient to pay the cost of such restoration and repair and without contribution from any other owner. 10. Breach. In the event of breach or threatened breach of this Agreement, the record owner of any iot in the Shopping Center, or Skaggs or Safeway so long as either of them have an interest L , O� as tenant or owner in a lot , shall be entitled to institute 00 00 proceedings for full and adequate relief from the consequences. of said breach. The unsuccessful party in any action shall CV M pay to the prevailing party a roauonahlo sum ror attorneys fce, C7 00 which shall be deemed to have accrued on the commencement of ti such action and shall be enforceable whether or not such action is prosecuted to judgment and shall be in addition to all other relief as may be awarded or obtained. 11. Nan -Merger. So long as Safeway and Skaggs are tenants of lots in the Shopping Center, this Agreement shall not be subject to' . the doctrine of merger, even though the underlying fee ownership to the lots described herein, or any parts thereof, is vested in ono party or entity. IN WITNESS MBEREOF, the parties hereto hav � ' "9 4, this Instrument on the day and year first hereinab saf for$k:..� TWIN LAKES ASSOCIATES, SAF)WAY SrOMM, y, A Washington joint velure a Maryland corporation �Iry Arx.rt'• BY 011M 1 $ 4MMA BY ' M-S.OretRry e es . t BY ' i • BY SLTM HILL LIMITED, SKAWE Dl.'[7G' CEMNS, INC. a California Corporation a Utah co ors BY BY nwxr y"' l�1 - - � - to Senior P.t' nt 8Y Attest: + ra ,' slovgn' Drug Cen ^►+.e ., ,.'rcac 'w.u, tip: Desoripta.on: King,WA Document - Year. Month. Day. DocXD 1978.329.889 Page: 11 of 17� Order: 01148-31872a Comment: i 0 I e TWIN LAKES ASSOCIATES: State of Washington ) ) ss. County of King } on this�Suy` day of AUL , 1978, before me, the undersigned Notary Public, personally appeared Wen 0. Heil and �etrr A, �loresa known to me to be the general partners of OWEN HALL & ASSOCIAI�EB, a Washington general partnership, one Of the partners of the partnership that executed the within IrLstru a and acknowledged to me that such Partnership executed the r Wr y ii6k official seal. 4f fr I � 00 ,r a i Notary rUDLIc, State of Flash n;h gtan =:� r °�•.� Residing at Seattle M O 00 rn State of California ) ) Ss. County of Santa Clara j On this 17th day of March 1978, before *e, the undersigned, a Rotary Public in and for said State, personally appeared William N. Naidira and lie R. She]doo , known to me to be the Vice BreQ.i�nt and Of SUTTER HILL CI-MIT4 Cdlifarmia corporat ion, theme _CO rporatturi that executed the Within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to nos that such Corporation executed the sane pursuant to its by-laws or a resolution of its Board of Directors as a partner of the partnership that executed the within Instrument. WITNESS my hand and official seal. •JAMA Notary Publ o, State of California 7 '.1 011;l. CLAIA COUNTY FT7 C TK hS.Y IT, 11 5 Description: Ki.ng,TU Document - Year. Month. Day. DocID 1978.329.889 page: 12 of 17...rj Order: 01148-31872a Comment: ---- ---- — SKAGGS DRUG CENTERS, INC. State of ) ss. County of ) On this day of //J , 1978, before me the d rsQ i9ned, a notary Public Stat i f the County of cdmmmi� a sworn, personally appeared duly. O and , to me known to be a r. ace Pres en4 an e4 Lary, respectively, of SKAGGS DRUG CENTERS, C11 INC., a Utah corporation, the corporation that executed the fore- going instrument and acknowledged the said instrument to be the free and 'voluntary act and deed of said corporation, for the uses n and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporaion. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. r4 . �Q. r County of State of Res fang i My came s Description: King,WA Documient - Year. Month. Day.DoalD 1978.329.889 Page: 13 of 1 Order: 01148-31872a Camnent. N a I SAFEWAY STORES, INCORPORATED .hate of California 1 County of Alameda j as. on this 21st day of March me, the undersigned, a Rotary Yubl c a and for the Cauntya ,fameda, ARbefore CO State of California, duly commiasioned and sworn, personally appeared y RRY St7NbExLkHD and PICHARU H. COSTHLto 0 respectively, oofeSAPEWAYsSTORES,uINCOil RPpRATPuO� anMaryland corporation, ss stant Secretary, N the corporation that executed the for egoing instrument and corpoacknoration, [+7 the said in�trcxent to be the free andged d voluntary act and deed of p said corporation, for the uses and purpoasa therein mentioned, and re � andOn oath thatgtheesea thattba dais thehcorporate sealto nte the of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. Phyllis G. bane. otat Pu611 n and far the ? State of California, with prinei- nrsa.aea:, pal office in the } mrw a - Mill mmCounty of Alameda, residing at y r�wF WI Bill Califorai i Ia wl spa OL161M My comet sa an exp res : 0 5 79 € Description: Xing,WA Docimeent - Year.Mpnth.Day.DocXD 1978.329.889 Page: 14 of 17 Order: 01148-31872a Comment: --.- - _ 4 OVS *9/\V IS I E "I cr Oi Lf, 1V C. 0! 191 0 9 w N1, In "N rn cli N 0 L'i 4- 4- 4-� 11� 1� 11� 4. cr cr 0- cr cr ri r4 10 m mrnm N le (4m c3c) 'A 0CL c ^0 OL L—rl IlY to C" 00 CID C) 4A 4J 0 V 4J 44 4J 4-- 4- 4- cm trmvuuu a CY) 11 D .1 .1 W 11 C) .-:3 V) L- C3 8 Coll CO LA I OD -j 4c C3 elf -r .0 Al's I 3 r'l it 16N -g Ls' tt jwj -C I.- o 4;1)'Iot p-091A p, B111BIT "A" 1=, PIAT TWIN LAWS 51101111K; CINCUR Page I of I Description: King, Fa Docent - Year. Month. Day. DoclD 1978.329.889 Page: 15 of I Order: 01148-31872a Co=ent: Lot 1 of the Plat of Twin Lakes Shopping Center South according to Plat recorded in Volume 105 of Plats, Pages 34-35, in King County, Washington. Lot 2 of the Plat of Twin Lakes Shopping Center South according to Plat recorded in Volume 105 of Plats, Pages 34-35, in King County, Washington. i Lot 3 of the Plat of Twin Lakes Shopping Center South according to Plat recorded in Volume 105 of Plats, Pages 34-35, in King County, Washington. 00 ` Lot 4 of the Plat of 'twin Lakes Shopping Center according to Plat recorded in Volumel05 of plats, N Pages 34-35, in King County, Washington. F f OD Lot 5 of the Plat of Twin Lakes Shopping Center South according to Plat recorded in Volume 105 of Plats, Pages 34-35, in King County, Washington. E Lot 6 of the Plat of Twin Lakes Shopping Center South jk according to Plat recorded in Volume.105 of Plats, Pages 34-35, in King County, Washington. EXHIBIT 'B' LEGAL DESCRIPTION TWIN LAKES SHOPPING CENTER SOUTH Page 1 of 1 Description. King,W Document - Year. Morith.Day. DoclD 1978.329.889 Page: 16 of Order: 01148-31872a Comment: n�-----«�------- Desczapf:io— R'„ WA Docoment - Year. Month. Day,DoclD 1yin.s�y.cvy rage: ii oz i� Order: 01148-31972a Comment: 2.,jPWMNffdVIPLIANCE REVi,6W — CHANGE OF USE CITY OF DEPARTMENT OF COMMUNITY DEVELOPMENT Federal Way MAY 24 20 3332.5 8th Avenue South Federal Way, WA 98003-6325 L;i i Y OF FEC]ERAL WAY 253-835-2607; Fax 253-835-2609 11U I)EVELOFMEWI www.cityoffederalway.com FILE NUMBER 1 U - Date j — Fee Collected? Applicant NAME lnh mark PRIMARY PHONE +25.44�.2913 BUSINESS/ORGANIZATION I ALTERNATE PHONE MAILING ADDRESS 6b�2 - el3k� �I SE E-MAIL • j h� l'1 ark 06►►�►� (.��, CITY V" STATE wPr ZIP q8-D o b FAX Site Address: r& Parcel #• Proposed Use: ifr Ipm ► i e. n v Current/Previous Uses: ir' C r ` iLa Proposed Modifications to Site or Building Exterior: �4 m6g, 1:f4 NCB ***Provide (6) copies of any attachments*** OV �'lL-� S.1 For Staff Use Use -Specific Notes/Regulations Parking Setbacks Surface Water Bulletin 4168 — January 8, 2016 Page 1 of 1 k:\IIandouts\Zoning Compliance Review — Change of Use SW 336th Street MASTER SHON'S TAE KWON DO #12022 _ Z= TENANT IMPROVEMENT REGISTERED TEC T �- 2301 SW 336TH STREET t — . — . — . _ . — . — — . — . — — . — . — . — . — • — - — - L0T#1 STATE OF WASHINGTUN LOT#� . FEDERAL WAY, WA 98023 . I I 16 18 I \ PROJECT # SAM CHUNG • I I SCOPE OF WORK: DEMOLITION OF EXISTING INTERIOR WALLS P I !AND CEILING, COPYRIGHT ®2618 f BANK SAM CHUNG I rF FASTFOOD •) � P ' CONSTRUCTION OF NEW INTERIOR WALLS AND CEILING. WORK INCLUDES ALL RIGHTS RESERVED RESTAURANT 4 CONSTRUCTION OF NEW DOORS, INTERIOR FINISHES, LIGHTING AND PLUMBING FIXTURES. DESIGNS 1NCORPORADTED HEREIN, IS THE IPROPERTY OF SAM CHUNG, AND MAY NOT BE REUSED, IN WHOLE OR IN PARK, WITHOU- (E) SHED ( LEGAL DESCRIPTION: TWIN LAKES SHOPPING CENTER SOUTH, PLAT LOT 5 THE WRITTEN CONSENT OF SAM CHUNG. • 7�ASH STO _ I � I • TAX ID NUMBER: 8732170050 L. — . — . — . — . — . — — — — — PROJECT DIRECTORY: Z OWNER/APPLICANT: C) CHANG SHON LLj N o r> 3501 SPYGLASS DR NE ON N TACOMA, WA 98422 z = < L6 CY) w ARCHITECT: z >' N SAM CHUNG o CL PROJECT CONTACT: JINNY PARK + w m 6052 113TH PL SE BELLEVUE, WA 98006 Q 1 P.425.445.29 V) y 93 I 26 16 16 14 14 26 26 26 ( 26 26 26 16 16 EMAIL: JINNYLEEPARK@GMAIL.COM I ' Q GENERAL CONTRACTOR: LOT#4 LOT#3 I LOT#2 I ,- I TBD 11 7 N PROJECT DATA: I � ZONE: BN (NEIGHBORHOOD BUSINESS) 00 LOT AREA: 10,333 SF (0.24 ACRES), (PER KING COUNTY RECORD) COI Z � � MALL SH PS DRUGSTORE SAFEWAY MARKET EXISTING BUILDING AREA: 3,840 SF (PER KING COUNTY RECORD) O Z W YEAR BUILT: 19791 SINGLE STORY CN CD ui 00 � W EXISTING USE: RESTAURANT (GODFATHER'S PIZZA) c� a-,W VI) � — — — _ — — — PROPOSED USE: RECREATIONAL (MARTIAL ARTS; TAE KWON DO) � 0 _ EXISTING OCCUPANCY GROUP; A-2 y '0 }- PROPOSED OCCUPANCY GROUP: A-3 �,r� >Q 18 18 18 18 ! Z � > EXISTING BUILDING AREA: LOT#1 & #6 - 6,000 SQFT _ ~ < SAFEWAY MARKET -LOT#2 - 40,000 SQFT •�� h 0 W DRUG STORE - LOT#3 - 30,039 SQFT � Q N SMALL SHOPS - LOT#4 - 19,600 SQFT � 0 W Z U- ui TENANT IMPROVEMENT AREA - LOT#5 - 3,840 SQFT d� H TOTAL - 99,479 SQFT C) EXISTING PARKING: —7— K NG: 448 STALLS �, , T r0 REQUIRED PARKING COUNT FOR EXISTING USE / RESTAUR .� J�, �d 39 REQUIRED (1 PER 100 GSF) oPO� REQUIRED PARKING COUNT FOR PROPOSED USE / RECREATIO�4+► 30 10 39 REQUIRED (1 PER 100 GSF) I I LLLL— — — . — . — . — . — . — . — . — . — . — . — - — - — . — . — — . — . — � 770' LIST OF DRAWINGS A101 GENERAL NOTES / SITE PLAN / VICINITY MAP PRELIMINARY SITE PLAN SCALE: 1 /32" = 1'-0" o' S' 10' 20' 40' 2301 SW 336TH ST Date < i 05.24.18 PERMIT I �S-W 336th St �— - — 5Vd campus Dr -.._ Notes Site Plan 5W 337th W -- -- •.� I._! + Vicinity Map T TIi IY I ( I I { VICINITY MAP RECEIVED A001 SCALE: N.T.S. MAY 2 4 2018 Project # 018 CAMMtlNI7Y DEYEI OPMEN7