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HomeMy WebLinkAboutLUA15-000393_Report 1Department of Comm1 . y and Economic Development PLANNING DIVISION of TIER 1 TEMPORARY USE PERMIT PROJECT NUMBER: LUA15-000393, TP PROJECT NAME: Franks Franks Food Truck Temporary Use Permit PROJECT MANAGER: Angelea Wickstrom, Assistant Planner APPLICANT: Frank David 21448 129th Pl SE Kent, WA 98031 OWNER: SHANNON GERITY, Triton Towers Aquisitions Partners LLC 555 S Renton Village Pl Suite 100 Renton, WA 98057 LOCATION: 707 S Grady Way DATE OF DECISION: June 22, 2015 DATE OF EXPIRATION: June 22, 2016 DESCRIPTION: The applicant proposes to operate a mobile food truck, Franks Franks Hotdog Cart and Catering, at Triton Towers located at 707 South Grady Way, parcel number 1923059023. The mobile food truck will be open Thursdays, from 10am to 3pm. The food truck would be parked on site during the time of operation. The Temporary Use Permit is hereby Approved with Conditions• and subject to the following conditions. *CONDITIONS OF APPROVAL: 1. A City of Renton Business license must be obtained prior to operation. 2. All requirements, standards, and permits required of the Seattle -King County Public Health Department must be met and approved prior to operation. 3. The site occupied by the temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use, or when the operation of the use ceases to exist. 4. The site occupied by the temporary use shall be restored to the original condition when the use ceases to exist including restoration of site elements such as, but not limited to, landscaping vegetation and parking stall striping. 5. The mobile food truck shall not remain at the permitted location between 12:00 a.m. (midnight) and 5:00 a.m. on a daily basis, except for a special event where a unit is allowed at the same location for up to seventy two {72) hours. City of Renton Department of Community oi. Economic Development Franks Franks Food Truck Temporary Use Permit Temporary Use Permit DECISION DATE: 06/22/2015 SIGNATURE: Date Administrative Temporary Use Permit LUAlS-000393, TP Page 2 of 2 c, ( 1--'l [ 20 I> RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation or fact. After review of the Reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEALS: Appeals ofthe permit issuance must be filed in writing on or before 5:00 p.m. on July 06, 2015. Appeals must be filed in writing together with the required fee with Hearing Examiner c/o City Clerk, City of Renton, 1055 S Grady Way, Renton, WA, 98057. Appeals to the Examiner are governed b\ City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, 425-430-6510. EXPIRATION: A Temporary Use Permit is valid for up to one year from the effective date ofthe permit, unless the Community & Economic Development Administrator or designee establishes a shorter time frame or an applicant can request that a permit be valid beyond the one year expiration, for up to five years at the time of application or prior to permit expiration. EXTENSIONS: Extension requests do not require additional fees and shall be requested in writing prior to permit expiration to the Department of Community & Economic Development Administrator. Food Truck Business: Frank's Franks Hotdog Cark and Catering Location: 707 5 Grady Way Hours of Operation: Thursday; 10am to 3pm EXHIBIT 1 City of Renton LAND USE PERMIT MASTER APPLICATION . PROPERTY OWNER(S) PROJECT INFORMATION NAME: T n -\ovi ·, cw.evs ~V.::LSth~Y\S. \..L <'-- PROJECT OR DEVELOPMENT NAME: 'r/-ll-i\) t.. s ffzt+pJ/t_~ PROJECT/ADDRESS(S)/LOCATION l\l<[D ZIP CODE: 707 So\..i,t+ c;..eA-o>'Wtrr ....... ZIP qf/)pr;? .. ., KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) it'\ Z 3ti5 C)oZ3 EXISTING LAND USE(S): Gn?1 uL, ~,\&..05, COMPANY (if applicable): .,- PROPOSED LAND USE(S): (Vf\ EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS}. f. Coll")(Y\R, ((. \ C4\ C()r,·, 0lti, CITY: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) NA EXISTING ZONING: TELEPHONE NUMBER: ,A 5;;._ , ( bn1«ur-0, c. \ Qf(.., U CONTACT PERSON PROP~A ZONING (if applicable): NAME: SITE AREA (in square feet): '3ZS1SD Sq,,~ <-(eU- SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable) TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) F/-rilvt-5 1t,?.p.nJ!CS 3@9JY\.Pt 1L ,C:Cl/Y\ 1. c;·:,-Wt-S-t 88 NUMBER OF NEW DWELLING UNITS (if applicable): H:\CED\Oata\Forms-Templates\Self-Help Handouts\Planning\Master Application.doc . 1. , ,,. PF-lECT INFORMATl_9N (conti1 d) NUMBER OF EXISTING DWELLING UN .. ~ (if applicaole): PROJECT VALUL: SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable):. IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): . SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL ·-- D AQUIFIER PROTECTION AREA ONE D AOUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): -- D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq. ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE QUARTER OF SECTION __ , TOWNSHIP_·_, RANGE v, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) ~ V) ()IY\ {-Jfy1 ~ . declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the urent owner of the property involved in this application or /the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Date Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) (l_" , I certify that I know or have satisfactory evidence that SY\,Q.f\.,\'tll71 \::Jr(/l-h" signed this instrument and acknowledge it to be his/her/their free and voluntary act for t;:;;,J uses and purpose mentioned in the instrument. l£ ~ 15" c_=-_ Dated Date Notary (Print): "';:2<:2J'.P-::lr-> ~'Ir\~ My appointment expires: __ L_\_,__· _· .cl .:cD_· ..,_\7_,__ __________ _ H:\CED\Data\Forms-Templates\Self-Help Ha~dm.its\Planning\_r'f1a_ster Application.doc -2- DEPARTMENT OF COMMUI f AND ECONOMIC DEVELOPMENT ABATEMENT AGREEMENT TEMPORARY USE City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 I, -+-F-B ......... A:~N~+K~' 1--~A~--·~o~tJc~\J~\~D~ _____ being the Applicant for the Temporary Use Permit at the Location of:Tf'.tTO/,l loik!Z~ 4c.q1N1>in~r,h P11ti'"~S LLC., .::;55 5/)vt/f ~eN/t}Jv vr~-fffkt,-;: 5().iTt: ioo Hereby authorize the City of Renton to summarily eliminate the Temporary Use and all evidence of the use if it has not been removed as required by the terms of the permit. I also agree to reimburse the City for any expense incurred :~:":::::'";'''Le 4 LL/) . Print Name: lliuK. A. oav, o Date: STATE OF WASHINGTON COUNTY OF KING ) ) ss ) I certify that I know or have satisfactory evidence that Ff,.,0 k A Dan.I signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: 0 I J ,.. Zo,·, m and for the State of Washington My appointment expires: -~o~·L;1 ~s.",· ;f-'' '~-~-~i~---~::.~;)~/~·.,_7 __ • 2 • H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Temporary Use Tier 1.doc 05/14 License Agreement THIS LICENSE AGREEMENT ("License") is made and entered into as of , 2015 between Franks Franks, as licensee ("Licensee"), with an address of 21448129th Pl. Kent WA 98031 and Triton Towers Acquisitions Partners LLC, as licensor ("Licensor"), with an address of 555 South Renton Village Place, Suite 100. Licensor is the owner and manager of that certain building (the "Building") located at 555 South Renton Village Place. 1. Grant of License. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and subject to the terms herein set forth, Licensor hereby grants to Licensee a temporary, non- exclusive license to use the portion of the Building designated in Exhibit A attached hereto (the "Licensed Premises"). 2. Use. The Licensed Premises shall be used solely by Licensee for the purpose set forth in Exhibit B attached hereto. Any use of the Premises by anyone other than Licensee or for any purpose other than as set forth in Exhibit B shall give Licensor the right to immediately terminate this License upon written notice to Licensee. Licensee agrees not to use or permit the use of the Licensed Premises for any purpose which is illegal, dangerous to life, limb or property, violates any license, permit, or other governmental approval under which Licensor operates, or which, in Licensor's sole opinion, creates a nuisance or which would increase the cost of, or make voidable, insurance coverage with respect to the Building. Licensee shall cooperate fully in Licensor's efforts to maintain security in the Building and shall follow all regulations promulgated by Licensor with respect thereto. Licensee will comply with the rules and regulations of the Building as adopted and altered by Licensor from time to time. The current rules and regulations applicable to Licensee's use of the Building are attached hereto as Exhibit C. Licensee agrees not to commit any waste or allow any waste to be committed on any portion of the Licensed Premises. 3. Tenm. This License shall commence in force beginning on June 1 2015 (the "Commencement Date") and continue during a term of month to month unless tenminated under any other term or provision hereof. Licensee accepts the Licensed Premises in its "as is" condition as of the Commencement Date. Licensor hereby disclaims all implied warranties, express or implied, with respect to the Licensed Premises (including, without limitation, any implied warranty of habitability or suitability) and Licensee waives any and all claims for any breach or alleged breach of any such warranties that may exist. 4. License Fee. Licensee agrees to pay a license fee in the amount of One Hundred Dollars ($100.00) (the "License Fee") per month for the use of the Licensed Premises. The License Fee shall be paid to Licensor on the First (1'1) of each month effective upon commencement of this license agreement. 5. Surrender of Licensed Premises. At the tenmination of this License, Licensee agrees to deliver the Licensed Premises to Licensor in as good condition as at the Commencement Date. Licensor shall have the right, at its option, at Licensee's cost and expense, to repair or replace any damage done to the Building, or any part thereof, caused by Licensee or Licensee's agents, employees, invitees, or visitors, and Licensee shall pay the cost thereof to Licensor on demand. 6. Release. To the fullest extent permitted by law, Licensee hereby unconditionally and forever relieves, releases and discharges Licensor, Hines Interests Limited Partnership, their constituent partners, shareholders and other direct and indirect equity owners, and each of their respective officers, directors, shareholders, agents and employees (collectively. the "lndemnitees") from any and all losses, liabilities, claims. demands, damages, suits, causes of action, judgments, costs and expenses whatsoever, whether known or unknown, that Licensee may now or at any time in the future incur, whether from loss or damage to person or property or otherwise, arising from, on account of or in any way connected with Licensee's use of the Licensed Premises or any activities of Licensee, its agents, contractors, employees, invitees or licensees in or about the Building, AND, IN EACH CASE, WHETHER OR NOT ARISING OR RESULTING IN ANY WAY FROM THE NEGLIGENCE OF ANY OF THE INDEMNITEES. 7. Indemnity. To the fullest extent permitted by law, Licensee shall indemnify, defend and hold the lndemnitees hanmless from and against any and all losses, liabilities, claims, demands, damages, suits, causes of action, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements and court costs) resulting from, on account of or in any way connected with any act or omission of Licensee, its agents, contractors, employees, or invitees for all accident, injury or damage whatsoever occurring in or about the Building and Licensed Premises or any use of the Building and Licensed Premises by Licensee or anyone claiming under or through Licensee, AND, IN EACH CASE, WHETHER OR NOT ARISING OR RESULTING IN ANY WAY FROM THE NEGLIGENCE OF THE INDEMNITEES. HOU03:769279.2 F:\Tenants\Tenant Docs\License Agreements-Food Trucks\License Agreement -Franks Franks 2015.doc 8. Mechanic's Liens. Licensee will not permit any mechanic's liens or other liens to be placed upon the Building and nothing in this License shall be deemed or construed in any way as constituting the consent or request of Licensor, express or implied, by inference or otherwise, to any person for the performance of any labor or the furnishing of any materials to the Licensed Premises, or any part thereof, nor as giving Licensee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to any mechanic's, materialman's or other liens against the Building. In the event any such lien is attached to the Building, then, in addition to any other right or remedy of Licensor, Licensor may, but shall not be obligated to, discharge the same. Any amount paid by Licensor for any of the aforesaid purposes shall be paid by licensee to Licensor on demand, plus (i) ten percent (10%) thereof as administrative costs; and (ii) interest thereon at the highest rate permitted by law from the date of demand. Licensee shall indemnify and hold Licensor harmless for all expenses incurred by Licensor as a result of the failure of Licensee to fulfill its obligations under this paragraph. 9. Insurance. At all times that this License is in effect, Licensee shall maintain in effect the following policy or policies insurance: • Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit bodily injury and property damage. If Licensor approves the serving of alcohol, Licensee shall also have Liquor Liability insurance in the amount of $1,000,000 per occurrence combined single limit. • If licensor will have valet services, Garage Keepers Legal Liability Insurance in an amount not less than $250,000 per occurrence. • Automobile Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit bodily injury and property damage. • Worker's Compensation in statutory amounts and Employers Liability in an amount of not less than $1,000,000 each accident. Licensor and Hines Interests Limited Partnership ("HILP") shall be named as additional insureds on all of the above insurance policies except for the worker's compensation and employers liability. Each policy shall contain a waiver of subrogation clause in favor of Licensor and HILP and shall provide that each policy is primary and non- contributory to any insurance otherwise carried by Licensor and HILP. Upon execution of this License and 15 days prior to the renewal of any of the required insurance, Licensee shall furnish Licensor with certificates of insurance evidencing that all insurance required hereunder is in full force and effect. All required insurance shall provide 30 days advance written notice to Licensor of any cancellation or reduction in coverage. 10. Default. Upon any default by Licensee under the terms of this License, Licensor shall have the option to pursue any remedies available to it at law or in equity, and Licensor shall have the right to terminate this License, in which event Licensee shall immediately surrender the Licensed Premises to Licensor in the condition required by the terms of this License. 11. Limitation of Liability. In no event shall Licensor be liable to Licensee either for (a) any loss or damage that may be occasioned by or through the acts or omissions of tenants or other licensees of the Building or of any other persons whomsoever, or (b) any consequential damages, regardless of causation. Notwithstanding any other provision in this License to the contrary, Licensee specifically agrees to look solely to Licensor's interest in the Building for the payment or performance of any of Licensor's obligations hereunder, and Licensor, its partners, shareholders, members and other direct or indirect equity owners of Licensor, and their respective officers, employees, directors, representatives and agents, shall never be personally liable for such payment or performance. 12. Attorneys' Fees. In the event either party hereto fails to perform any of its obligations under this License, or in the event a dispute arises concerning the meaning or interpretation of any provision of this License, the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable legal fees. 13. No Implied Waiver. Any failure of Licensor to enforce at any time, or for any period of time, any of the provisions of this License shall not constitute a waiver of such provisions or a waiver of Licensor's right to enforce each and every provision. 14. Notices. Any notice, approval or other communication required hereunder must be in writing and shall be deemed given if delivered by hand or mailed by registered mail or certified mail, or sent by recognized overnight delivery service, addressed to the parties hereto as indicated above. 15. Severability. If in any instance any provision of this License shall be determined to be invalid or unenforceable under any applicable law, such provision shall not apply in such instance, but the remaining provisions shall be given effect in accordance with their terms. HOU03:769279.2 2 F:\Tenants\Tenant Docs\License Agreements-Food Trucks\License Agreement -Franks Franks 2015.doc 16. Entire Agreement. This License supersedes all prior discussions, agreements and understandings between the parties and constitutes the entire agreement between the parties with respect to the transaction herein contemplated. Any modification of this License or any additional obligations assumed by either party in connection with this License shall be binding only if evidenced in writing, signed by each party. 17. Survival of Provisions. Without limiting any other obligation of the Licensee which may survive the expiration or prior termination of the term of the License, all obligations on the part of Licensee to indemnify, reimburse, defend, or hold Licensor harmless, as set forth in this License shall survive the expiration or prior termination of the term of the License. 18. Applicable Law. This License shall be governed by the laws of the State in which the Building is located and shall be binding upon heirs, legal representatives and successors of Licensee, and shall inure to the benefit of the heirs, legal representatives and assigns of Licensor. This License may not be assigned by Licensee. Licensee: Franks Franks By:~/~~ Name: FrankkDavid= Title: /JJJwr !?-- Date: &,-$-t$C Licensor: TRITON TOWERS ACQUISITIONS PARTNERS LLC, a Delaware limited liability company By: HINES TRITON TOWERS ACQUISITIONS PARTNERS LLC, its managing member By: HINES TRITON TOWERS ASSOCIATES LIMITED PARTNERSHIP, its sole member By: HINES INVESTMENT MANAGEMENT HOLDINGS LIMITED PARTNERSHIP, its general partner By: HIMH GP LLC, its general partner By: HINES REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, its sole member By: JCH INVESTMENTS, INC., its general partner By:--------------- Name: James C. Buie., Jr. HOUOJ:769279.2 3 F:\Tenants\Tenant Docs\License Agreements-Food Trucks\License Agreement -Franks Franks 2015.doc Department of Com ml y and Economic Development PLANNING DIVISION of ) TIER 1 TEMPORARY USE PERMIT PROJECT NUMBER: PROJECT NAME: PROJECT MANAGER: APPLICANT: OWNER: LOCATION: DATE OF DECISION: LUAlS-000393, TP Franks Franks Food Truck Temporary Use Permit Angelea Wickstrom, Assistant Planner Frank David 21448 129th Pl SE Kent, WA 98031 CONCURRENCE DATE Ce-z.z -IS NAME Jennifer T. Henning Vanessa Dolbee Sabrina Mirante Angelea Wickstrom SHANNON GERITY, Triton Towers Aquisitions Partners LLC 555 S Renton Village Pl Suite 100 Renton, WA 98057 707 S Grady Way June 22, 2015 DATE OF EXPIRATION : June 22, 2016 DESCRIPTION: The applicant proposes to operate a mobile food truck, Franks Franks Hotdog Cart and Catering, at Triton Towers located at 707 South Grady Way, parcel number 1923059023. The mobile food truck will be open Thursdays, from 10am to 3pm. The food truck would be parked on site during the time of operation. The Temporary Use Permit is hereby Approved with Conditions* and subject to the following conditions. *CONDITIONS OF APPROVAL: 1. A City of Renton Business license must be obtained prior to operation. 2. All requirements, standards, and permits required of the Seattle -King County Public Health Department must be met and approved prior to operation. 3. The site occupied by the temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use, or when the operation of the use ceases to exist. 4. The site occupied by the temporary use shall be restored to the original condition when the use ceases to exist including restoration of site elements such as, but not limited to, landscaping vegetation and parking stall striping. 5. The mobile food truck shall not remain at the permitted location between 12:00 a.m. (midnight) a~ 5:00 a.m. on a daily basis, except for a special event where a unit is allowed .at the same location for up to seventy two (72) hours.