12-102514-AD; 14-1026369-ADCITY OF
� Federal Way
July 15, 2014
Richard Rivera
PO Box 960
Seahurst, WA 98062-0960
RE: Permit 914-102639-00-AD; RIVERA OFFICE BUILDING
1600 South 304te Street, Federal Way
Dear Mr. Rivera,
CITY HALL FiLLS
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway.. com
The Community Development Department has received your letter requesting a one year extension to the
Process III land use approval for the Rivera Office Building proposal; a 19,960 square -foot medical/office
building. The proposal was granted Process III approval on July 21, 2011. The project was vested to
Federal Way City Code (FWCC) and expired on July 21, 2012. A two-year extension was granted in July
of 2012 and is set to expire on July 21, 2014. To date, a building permit has not been submitted. The time
extension request is hereby granted approval subject to the conditions listed below.
EXTENSION CRITERIA
Pursuant to Federal Way Revised Code (FWRC) 19.15.110, "Lapse of Approval — Time Extension," the
director may grant a two-year extension to the land use decision, subject to the following criteria:
a) Except for the first request for time extension, the applicant has made substantial progress to
complete the project;
Staff Response: This is the second extension request on the above -mentioned project; however,
the applicant has made significant progress in attempting to pre -lease space within the building
and to obtaining financial backing for the project.
b) There are circumstances beyond the applicant's control, which prevent compliance with the time
limits of FWRC 19.15.100, or any previously granted extension;
Staff Response: The City agrees that the economic climate has changed significantly since the
time of the original approval and subsequent extension. The bank the applicant was working with
is no longer in business, which is a circumstance beyond their control.
c) The extension will not create or continue conditions that constitute a code violation or an
attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health,
safety and welfare; and
Staff Response: As the vacant wooded site has not been cleared or graded, there are no
conditions that create a code violation or an attractive nuisance.
d) Whether either physical conditions in the vicinity of the project or codes and requirements of the
city, applicable agencies, and utility providers have changed to a such a degree since initial
approval that it would be contrary to the public interest to extend the life of the project, including
but not limited to such factors as:
i. Whether the adoption of new codes/standards would substantially affect project layout
and storm drainage design;
Mr. Rivera
July 15, 2014
Page 2
ii. The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end
of the expiration period;
iii. Whether the delayed project is an impediment to other development projects in the
vicinity as a result of traffic concurrency reserved capacity.
Staff Response: While physical conditions in the vicinity of the project have not changed, the City
has adopted new codes and standards that would substantially affect project layout, storm
drainage design, impact fees, and concurrence capacity as discussed under FWRC
19.15.110(2)(d). In light of the extension request, Public Works staff has identified specific
mitigation to address criteria (2) (d) of FWRC 19.15.110.
CONDITIONAL APPROVAL
1. The project must meet stormwater regulations in place at the time of building permit application,
which is currently in the 2009 King County Surface Water Design Manual (KCSWDM) and the City
of Federal Way Addendum to the KCSWDM.
2. The applicant must pay the Transportation Impact Fee (TIF) in lieu of the pro-rata mitigation of
$174,128 as identified in the July 29, 2009 concurrency decision. The traffic impact fee will be
determined by the fee schedule in effect at the time a building permit is filed with the city. For
estimation purposes, the current TIF fee (2014 rate) for a 19,960 sq. ft. office building (90% Office
and 10% Medical/Dental Office) is approximately $106,200.
3. Should there be any subsequent extension request, a concurrency application with application fee may
be required as determined by the Public Works Director.
CLOSING
Unless modified or appealed, this one year extension of the land use decision will be valid until July 21,
2015. If no further action is taken by this extension deadline (action of beginning construction or
submitting to the City a complete building permit application), the decision becomes void.
FWRC 19.15.110 does permit additional extension opportunities that can be granted only if applicable
criteria are met. Under FWRC 19.15.110(5), this extension decision may be appealed by any person who is
aggrieved by this decision. The appeal must be in the form of a letter delivered to the Department of
Community Development, and be accompanied by the established fee, within 14 calendar days of the date
of this extension decision.
Please contact Planning Intern Kalon Thomas, at 253-835-2622 or kalon.thomas@a,city_offederalway.com
should you have any questions about this letter.
Sincerely,
Isaac Conlen
Interim Director
c: Kalon Thomas, Planning Intern
Becky Chapin, Assistant Planner
Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
14-102639 Doc. ID 66108
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE.
TO:
FROM.•
FOR DRC MTG. ON
June 13, 2014
Ann Dower
Becky Chapin
Rick Perez
Kalon Thomas
Please email any comments to me at kalon.thomas@cityoffederalway.com
FILE NUMBER(s): 14-102639-00-AD
RELATED FILE NOS.: 07-104436-00-SU, 07-105966-00-SE, 07-105965-00-UP
PROJECTNAME: Rivera Office Building
PROJECTADDRESS. 1600 South 304th Street, Federal Way
PROJECT DESCRIPTION: Second request for extension of the Process III land use approval for the Rivera
Office Building Proposal; a 19,960 squarafoot medical/office building.
PROJECT CONTACT.- Richard W. Rivera
P.O. Box 960
Seahurst, WA 98062
MATERIALS SUBMITTED:
• Extension Letter from Applicant
• First two year extersion conditional approval datedJuly, 2012
DISCUSSION. This is the second request for an extension. No building permit has been submitted
as of this time.
Kalon Thomas
From:
Sarady Long
Sent:
Thursday, July 10, 2014 3:12 PM
To:
Kalon Thomas
Cc:
Isaac Conlen; Rick Perez; William Appleton
Subject:
Rivera Office Building Extension
Kalon,
The Public Works Traffic Division supports the extension request with the following condition:
1. Pay the Transportation Impact Fee (TIF) in lieu of the p.ro-rata mitigation of $174,128 as
identified in the July 29th, 2009 concurrency decision. The traffic impact fee will be determined
by the fee schedule in effect at the time a building permit is filed with the city. For estimation
purposes, the current TIF fee (2014 rate) for a 19,960 sq. ft. office building (90% Office and 10%
Medical/Dental Office) is approximately $106,200.
2. Should there be any subsequent extension request, a concurrency application with application
fee may be required as determine by the Public Works Director.
Sarady Long
Senior Transportation Plaiuniing Engineer
City of Federal Way
Public Works Department
C 253-835-2743
g 253-835-2709
Email: saradl .loin ci .cil ofle(leralGv�i .coin
am
RECEIVED BY
COMMUNITY & ECC"ir)MIC
DEVELOPMENT DEPAR MENT
V-1 V Xf- P,
3 OL4 t-A
May 22, 2014
City of Federal Way,
City Hall
33325 8th Avenue South
Federal Way WA 98003-6325
Richard Rivera
PO Box 960
Seahurst WA 98062
Attention: Planning Division Manager
RE: File # 12-102514-00-AD
Rivera office building 1600 S. 304th Street, Federal Way
Extension request
JUN 0 2 2014
Dear project manager, I am respectfully requesting an extension on my
project. I am requesting a 12 month extension to the process III land -use approval
for the Rivera office building proposal
I am close to securing financing in terms of partnership in order to proceed. I
am requesting the extension given the fact I have spent countless hours and monies
in order to bring this project to where it is today and I don't want to lose what I have
put together thus far. The original bank which approved financing for the project,
Viking Bank, is no longer in business. This was a huge setback in terms of my going
forward with this project. The economy has played a large part in terms of delaying
this project as well however things are looking better and I plan on proceeding in
the near future.
I thank you for your time and patience in terms of considering my request
Sincerely
and ivera
Kalon Thomas
From:
Sent:
To:
Richard Rivera <rick@riveradc.com>
Monday, July 07, 2014 4:58 PM
Kalon Thomas
Subject: RE: Rivera Office Building Extension 14-102639
Hello Mr. Thomas,
Thank you very much for your email and return phone call.
Yes i am requesting a 12 month extension. Six months may work but the twelve would be best if it can be granted.
I will start with an email as you suggested and then we can touch base by phone.
i feel as though i can make a case for both of the types of extension criteria listed below.
a) Except for the first request for time extension, the applicant has made substantial progress to
complete the project.
b) There are circumstances beyond the applicant's control, which prevent compliance with the time
limits of FWRC 19.15.100, or any previously granted extension.
Since the initial bank I was working with, which had green lighted the project, went under, Viking Bank,
I have had to spend an innordinate amount of time obtaining financial backing for this building
project. Given what happened with the economy I was unable to find another bank to back the
project.
After months of negotiations i have found an investor, Patrick Bays, MD. (his contact
info pbays@juragroup.net phone 360-286-7808)
1 first attempted to pre lease some of the building in order to have a better chance of bank
backing. I enlisted Tim Weber of First Western. (contact 206-650-0391) Mr. Weber was not able to
pre -lease any of the space.
From Mr. Weber I moved on to Mr. Jeff Tillman of NAI Puget Sound Properties. Mr. Tillman has not
been able to obtain pre lease agreements. However, he has recently received an offer for purchase
of the property. I am considering selling the property pending the outcome of negotiations for the
financial backing by Dr. Bays, noted above. I can provide you with a copy of the offer if you desire.
(Also Mr. Tillmans contact info 206-332-1473.)
1 have updated my construction costs/estimate of record with my general contractor, Todd
McKittrick. This has been necessary given the fluctuations in building material costs and to a lesser
degree in labor costs. (Todd. McKittrick 206-571-8080)
On another note I feel there have been significant circumstances beyond my control. The main factor
being the economy or lack thereof. Given what happened with the housing market, leading to the
slower economy and thus the inability to pre lease commercial space in Federal Way. From what
my realestate sales and leasing people tell me this area is coming back and things are starting to
move along in Federal Way. (As noted above I have an offer on the property) I was
unfortunate enough the start this project just as the economy went the wrong way. I also was left
in limbo for a period of time as David Lee was my project manager with City of Federal Way and he
had misplaced some of my paper work from Lakehaven sewer and documents from the architect.
later found out he had left his job at the City of Federal Way. This set back was rectified but again
resulted in many months of lost time.
This is a summary of my progress in addition to some information regarding circumstances beyond my
control. This is a personal business project. This is my first construction project. I have invested
more time and money in this project than I like to admit. I very much would like to finish it one way
or another. To do so I need some additional time. Given this time I will either break ground
and have this building built or I will sell the project so that someone else can build it. I have
provided contact information in the event you would like to verify any of the information i have
provided.
I want to thank you for taking time to review and consider my request for an extension on this building
project. I look forward to speaking with you.
Sincerely,
Richard Rivera
Confidentiality Notice: This page and any accompanying documents contain confidential or privileged
information intended for a specific individual and purpose. This information is private and protected by law. If
you are not the intended recipient, you are hereby notified that any disclosure, copying or distribution, or the
taking of any action based on the contents of this information, is strictly prohibited.
From: Kalon Thomas [Kalon.Thomas@cityoffederalway.com]
Sent: Thursday, July 03, 2014 10:05 AM
To: Richard Rivera
Subject: RE: Rivera Office Building Extension 14-102639
Dear Mr. Rivera,
I would like to clarify any questions that you have about the time extension request/clarification of information that we
asked you to submit.
From what I understand from your voice message, the time extension may not need to be a full 12 months. Regardless
of the time frame you are requesting, the criteria(s) of FWRC 19.15.110. must still be met.
I am in an out of the office today on site visits so the best way to reach me is by email. If you could respond with the
specific steps you have taken or progress that you have made towards addressing the sections of code outlined in my
last email, I can go ahead and process your request.
If it would be helpful to speak with me on the phone or in person, I am usually in the office Tuesdays 8:00-4:30,
Thursdays 8:00-4:30, Fridays 8:00-12:00.
Please let me know if you have any questions and I will do my best to clarify any questions/concerns that you may have.
Best regards,
Kalon
From: Kalon Thomas
Sent: Thursday, June 26, 2014 12:58 PM
To: 'rick@riveradc.com'
Subject: Rivera Office Building Extension 14-102639
June 26, 2014
Dear Mr. Rivera,
The Community Development Department has received your request for a 12 month extension to the Process III land -
use approval for the Rivera Office Building proposal, located at 1600 S. 304th Street, Federal Way. Since this is the third
proposed extension request for this specific project, the extension criteria pursuant to Federal Way Revised Code
(FWRC) 19.15.110, "Lapse of Approval —Time Extension," must be met.
In order to grant your request the Department must make a positive finding with regard to the criteria(s) below. Please
respond with specific steps you have taken or progress that you have made towards addressing this code section:
a) Except for the first request for time extension, the applicant has made substantial progress to complete
the project.
b) There are circumstances beyond the applicant's control, which prevent compliance with the time limits
of FWRC 19.15.100, or any previously granted extension.
If you have any further questions, please feel free to contact me at 253-835-2622 or
kalon.thomas@cityoffederalway.com.
Sincerely,
Kalon Thomas
Community Development Intern
City of Federal Way
253-835-2622
ka I o n.tho mas @citvoffedera Iway.co m
CITY OF
,t Federal `Flay
July 12, 2012
_`
CITY HALL FILE
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
Richard Rivera
PO Box 960
Seahurst, WA 98062-0960
RE: File #12-102514-00-AD; PROCESS III APPROVAL EXTENSION REQUEST
Rivera Office Building, 1600 South 304th Street, Federal Way
Dear Mr. Rivera:
The Community and Economic Development Department has received your May 30, 2012, letter requesting a
two year extension to the Process III land use approval for the Rivera Office Building proposal; a 19,960
square -foot medical/office building. The proposal was granted Process III approval on July 21, 2011. The
project was vested to Federal Way City Code (FWCC) and is due to expire on July 21, 2012. To date, a
building permit has not been submitted. The time extension request is hereby granted approval subject to the
conditions listed below.
EXTENSION CRITERIA
Pursuant to Federal Way Revised Code (FWRC) 19.15.110, "Lapse of Approval — Time Extension," the
director may grant a two year extension to the land use decision, subject to the following criteria:
a) Except for the first request for time extension, the applicant has made substantial progress to complete
the project;
Staff Response: This is your first time extension request.
b) There are circumstances beyond the applicant's control, which prevent compliance with the time
limits of FWRC 19.15.100, or any previously granted extension;
Staff Response: The City agrees that the economic climate has changed significantly since the time of
the original approval and the bank you were working with is no longer in business, which is a
circumstance beyond your control.
c) The extension will not create or continue conditions that constitute a code violation or an attractive
nuisance, contribute to erosion and sedimentation problems, or impact the public health, safety and
welfare; and
Staff Response: As the vacant wooded site has not been cleared or graded, there are no conditions
that create a code violation or an attractive nuisance.
d) Whether either physical conditions in the vicinity of the project or codes and requirements of the city,
applicable agencies, and utility providers have changed to a such a degree since initial approval that it
would be contrary to the public interest to extend the life of the project, including but not limited to
such factors as:
i. Whether the adoption of new codes/standards would substantially affect project layout and
storm drainage design;
ii. The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of
the expiration period;
Mr. R'Ivcra -"
July 12, 2012
Page 2
iii. Whether the delayed project is an impediment to other development projects in the vicinity as
a result of traffic concurrency reserved capacity.
Staff Response: While physical conditions in the vicinity of the project have not changed, the City has
adopted new codes and standards that would substantially affect project layout, storm drainage design,
impact fees, and concurrence capacity as discussed under FWRC 19.15.110(2) (d). In light of the
extension request, Public Works staff has identified specific mitigation to address criteria (2)(d) of
FWRC 19.15.110.
CONDITIONAL APPROVAL
1. The project must meet the requirements of the 2009 King County Surface Water Design Manual
(KCS WDM) and City of Federal Way Amendment.
2. The applicant shall pay either:
a. The full pro-rata traffic mitigation of $174,128 as identified in the concurrency decision letter under
file number 09-101484-00-CN, prior to the issuance of a building permit with the applicant's
concurrence that the pro-rata share mitigation for projects already completed can be used to reimburse
the City for the costs of any projects on the current TIP project list; or
b. Pay transportation impact fee (TIF) currently estimated at $69,149 and any SEPA projects not covered
by the TIF. The actual impact fee will be calculated based on the fee schedule in effect at the time a
completed building permit application is filed and paid prior to permit issuance. Please contact Senior
Trans. Planning Engineer Sarady Long, at 253-835-2743 if you have any questions regarding the TIF.
CLOSING
Unless modified or appealed, this two year extension of the land use decision will be valid until July 21, 2014.
If no further action is taken by this extension deadline (action of beginning construction or submitting to the
City a complete building permit application), the decision becomes void.
FWRC 19.15.110 does permit additional extension opportunities that can be granted only if applicable criteria
are met. Under FWRC 19.15.110(5), this extension decision may be appealed by any person who is aggrieved
by this decision. The appeal must be in the form of a letter delivered to the Department of Community and
Economic Development, and be accompanied by the established fee, within 14 calendar days of the date of this
extension decision.
Please contact Assistant Planner Becky Chapin, at 253-835-2641 or rebecca.chapin@cityoffederalway.com
should you have any questions about this letter.
Sincerely,
Isaac Conlen
Planning Division Manager
for Patrick Doherty, Director
c: Email copy to: rick@riveradc.com
Becky Chapin, Assistant Planner
Ann Dower, Senior Engineering Plans Reviewer
Sarady Long, Senior Traffic Engineer
12-102514 Doe 1. D. 61532
CITY OF
Ak Federal Way
DATE: June 25, 2012
TO: Rebecca Chapin
FROM: Sarady Long
SUBJECT: RIVERA OFFICE BUILDING - (12-102514-00-AD)
1600 S 304TH ST
MEMORANDUM
Public Works Department
The Public Works Traffic Division has reviewed the request to extend Process III for the proposed 19,960
square feet of office building for two additional years.
As a condition of approval of this request, the applicant shall pay either:
a) The full pro-rata traffic mitigation of $174,128 as identified in the concurrency decision letter
under file number 07-105967-00-CN prior to the issuance of a building permit with the
applicant's concurrence that the pro-rata share mitigation for projects already completed can
be used to reimburse the City for the costs of any projects on the current TIP project list.
b) Pay transportation impact fee (TIF) currently estimated at $69,149 and any SEPA projects
not cover by the TIF. The actual impact fee will be calculated based on the fee schedule in
effect at the time a completed building permit application is filed and paid prior to permit
issuance.
4C11Y OF
�. Federal Way
DATE: 6/19/12
TO: Rebecca Chapin
FROM: Ann Dower
SUBJECT: RIVERA OFFICE BUILDING - (12-102514-00-AD)
1600 S 304TH ST
MEMORANDUM
Public Works Department
The Rivera Office Building extension is approved, with a condition that the project must meet the
requirements of the 2009 King County Surface Water Design Manual and City of Federal Way Amendment.
CITY OF
1.. Federal Way
DATE: June 13, 2012
TO: Ann Dower, Public Works -Development Services
Sarady Long, Public Works -Traffic
FROM: Rebecca Chapin
MEMORANDUM
Community and Economic Developement
SUBJECT: File #12-102514-00-AD, Two -Year Extension Request
RIVERA OFFICE BUILDING, 1600 South 304'` Street
Attached please find a request for a two year extension to Process III approval, file # 07-105965-00-UP
(originally approved July 21, 2011). Per FWRC 19.15.110 an extension request shall satisfy the following
criteria to be approved:
a) Except for the first request for time extension, the applicant has made substantial progress to complete
the project;
- This is a first-time request.
b) There are circumstancesbeyond the applicant's control which prevent compliance with the time limits;
- Delay on ilie Citv's part and finance issues have come up.
cat) The extension will not create or continue conditions that constitute a code violation or an attractive
nuisance, contribute to erosion and sedimentation problems, or impact the publichealth, safety and
welfare;
- Site has remained vacant- no compliance issues.
�1 Whether either physical conditions in the vicinity of the projector codes and requirements of the city,
applicable agencies, and utility providers have changed to a such a degree since initial approval that it
would be contrary to the public interest to extend thdife of the project, including but not limited to
such factors as:
i. Whether the adoption of new codes/standards would substantially affect project
layout and storm drainage design;
ii. The adequacy of mitigation and/or impact fees to address the cost of mitigation at the
end of the expiration period;
iii. Whether the delayed project is an impediment to othexievelopmentprojects in the
vicinity as a result of traffic concurrency reserved capacity
-Project was vested to FWCC. Please let me know if there are anv updates that will affect the
project if an extension is granted
To date, no building permits have been submitted.
Thanks
1 z -- 102-
Richard W. Rivera
May 30, 2012
Becky Chapin
City of Federal Way
Reference:
Building
Dear Ms. Chapin:
P.O. Box 960
Seahurst, WA 98062
07-104436-00-S U
Rivera Building: 1600 South 304th Street, Federal Way
I am requesting a Building Permit Extension. The Building Permit regarding my project
extends through mid -July 2012. As per our discussion and given the current
circumstances, I am requesting an extension for a two-year period of time.
The office building project has been delayed for multiple reasons. The first that comes
to mind is the fact the individual who was handling my project at the Department in
Federal Way, David Lee, apparently left and, being unaware that he was gone my
project went for months without any processing or progress. Once it was discovered my
project was in limbo, the Department in Federal Way kindly brought me up to speed,
however. This again was over another period of months.
In addition, the economic climate has played a part in slowing the progress of the
project. The original bank that was working with me on this project, Viking Bank, is no
longer in business. I am currently in the process of procuring new financing on the
project.
The economic situation has also resulted in a different supply and demand for
construction and materials. I am therefore getting new and updated bids on the building.
In addition, the amount of available commercial lease space in the City of Federal Way
has played a part in the delay. I am proceeding with great caution at this point in time
and taking the time to procure a commercial leasing agent in hopes of securing a
percentage of pre -lease contracts for the space in the building prior to commencing
building.
As you can see, there have been multiple circumstances beyond my control that have
slowed the progress of this project.
It should be noted that the proposed site for this project does not create any code
violations or any nuisances as there has been no changes to the raw land.
Richard W. Rivera, DC
May 30, 2012
Page 2 of 2
As a result of the above -mentioned, I am requesting a two-year extension with reference
to the project listed above.
Respectfully,
Richard W. Rivera
RWR:gs10
Rebecca Chapin
From: Richard Rivera <rick@riveradc.com>
Sent: Friday, June 01, 2012 12:45 PM
To: Rebecca Chapin
Subject: Rivera office Building
Attachments: Letter Federal Way Extension Request, Rivera.doc
Hello Rebecca,
Please find attached my request for an extension.
Please let me know that you received this.
Thank you
Richard Rivera