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Home My WebLink AboutAgreement APPLICANT 8/28/2013 • .. • Attachment 3 SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this • /Ern day of ceckrjt r , 1987 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and HAYDEN CORPORATION, dha HILLMAN PROPERTIES NORTHWEST, hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3) , 3.080(3) , 3'.090(3), and 3. 100(3). RECITALS • WHEREAS, on the /Q day of 1987, the City approved Site Plan .Application submitted by the App leant tor the purpose of allowing: the constructi.o of a shopping center at North Second and Q Streets. Journal Number ,87'--05-66. See also 87-05-67, VARIANCE. This agreement acknowledges approval dD thhDevelopment Area Plan for this site as required by the Q Street Refinement Plan. WHEREAS, in consideration . for Site Plan approval , the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to- comply with all the standards of the Springfield Development Code and Springfield Municipal Code which may he . applicable to this development project, including but not limited to, the following: 1. Full improvement of North 2nd Street to the north property line, excluding sidewalks on the east side. Full improvement of the frontage on Q Street and the 2nd/3rd Street Couplet. Dedication of right-of-way as necessary to accommodate all street improvements. 2. The Final site plan shall include the location of the traffic signal equipment at the intersection of 2nd/3rd Streets and Q Street in relation to the proposed street improvements along Q Street. - 3. A 10 foot setback sidewalk, including a 4 foot planter strip, on 3rd Street frontage shall be included on the Final Site Plan, 4. Public street lights shall be included on the Final Site Plan, 5. All truck loading shall occur on private property in accordance with Section . 31.200. • 6. All parking spaces which abut landscaping or buildings shall be provided with wheel stops. This 'shall be included on the Final Site Plan, 7. The west driveway on Q Street shall be widened to 20 feet and included on the Final Site Plan. All trees adjacent to this driveway shall have a vertical clearance of 13'6" or shall be setback an adequate distance to allow unobstructed access for fire apparatus. • 8. An irrigation and planting plan, listing the common and botanical names of all plants and trees, shall be included on the Final Site Plan. 9. Screening in accordance with Section 31. 160 shall be included on the Final Site Plan, Q Site Plan Development Agreement 20 a 1 Date Received: Planner LM • • . • Attachment 3 WHEREAS, in consideration for Site Plan approval , the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with' the following specific conditions imposed by the City as part of the Site Plan approval : 1. Additional right-of-way shall be dedicated at the east driveway on Q Street to allow for adequate drainage. The area to be dedicated shall be determined by the City Engineer. • 2. Additional right-of-way shall be dedicated at the south driveway on 3rd Street • •to —allow for signalization of the intersection. The area to be dedicated shall be determined by the City Engineer. 3. The Applicant shall coordinate with the Oregon State Highway Division and other agencies as necessary to ensure the completion of the public improvements listed below. The City and State may extend the date of completion for good cause. Such extension shall not require a corresponding delay in the occupancy date of the shopping center. The cost of these improvements shall be the obligation of the Applicant, State and City as described in Exhibit "A" attached hereto. • • • -Widening of the Eugene-Springfield Highway off-ramp at Q Street to two lanes • and construction, of a traffic signal at this intersection. -Re-striping and signal modifications to provide a through movement for the west • (southbound) lane of 2nd Street Couplet. at Q Street. • -Construction of a traffic signal at the intersection of the drive way crossing of 2nd/3rd Couplet. • -Interconnection/coordination of the existing traffic signals on 2nd/3rd Couplet at Q Street and at Eugene-Springfield Highway with the two new traffic signals being built as part of this development. 4. A 7 . foot Public .Utility Easement shall be granted along the west, south and east property lines. 5. Relocation of the existing bus stop shall be coordinated with the Lane Transit • District. If the bus stop remains on this property its new location shall be included on the Final Site Plan. 6. The Applicant shall obtain an Indirect Source Permit from the Lane Regional Air Pollution Authority prior to construction of the parking lot. 7. The Applicant shall be responsible for all costs associated with the removal and replacement of on-street striping. 8. The Applicant shall be responsible for all costs associated with the relocation of street lights and poles along Q Street. 9. No poles shall be located in the island on Q Street. 10. The Street trees at the north driveway on 3rd Street shall be a species of columnar shape to prevent obstruction' to trucks making this approach. Site Plan Development Agreement (y ZQJ II 7 • 2 Date Received: - o • Planner: LM • Attachment 3• • 11. The Applicant shall submit written verification of State approval for proposed landscaping in the 2nd/3rd Street median. This documentation shall be included with the Final Site—Plan. The City shall coordinate the maintenance of this median strip with Willamalane Park and Recreation District and the Department of Public Works. • The irrigation system to be installed in the median shall be approved by the City Engineer. • • NOW THEREFORE ' IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: AGREEMENT 1. FINAL SITE PLAN. The applicant agrees to submit a Final Site Plan in accordance with Section 31.080 of the Springfield Development Code concurrently with this Agreement. • 2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in . the Springfield Development Code and the specific standards listed in RECITALS prior to occupancy, unless certain standards have been deferred to a later date in accordance with Section 31. 110 of the Springfield Development Code. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of . • approval required by the City listed in RECITALS prior to occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code. 4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Plan without first notifying the City. Modifications to the Final Site Plan shall be reviewed in accordance with Section 31. 100 of the Springfield Development Code. 5. MAINTAINING THE USE. The applicant agrees .to the following: • • (a) The building and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue the use. (b). It shall be the continuing obligation of the property owner to maintain the planting required by Section 31.140 of the Springfield Development Code in an attractive manner. free of weeds and other invading vegetation. In addition, plantings in the vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance with Section 32.070 of the Springfield Development Code. (c) Parking lots shall be maintained by the property owner or tenant in a condition free of litter or dust , and deteriorated pavement conditions shall be improved to maintain conformance with these standards. (d) Undeveloped land within the development area shall be maintained free of trash and stored materials in a mowed and attractive manner. Undeveloped land shall not be used for parking. Site Plan Development Agreement /; `kr/I ? 3 Date Received: .1/ J Planner: LM • • Attachment 3 6. In addition to all other remedies which may be provided by law or equity (including but not limited to penalties provided by applicable state law or city ordinances) Applicant agrees that City may enforce Applicant ' s responsibilities by withholding or terminating Applicant's Occupancy Permit. 7. Any Final Site Plan approved becomes null and void if construction does not commence within one year of the date of this Agreement. 8. The City agrees to refund or credit to the Applicant Systems Development Charges in the amount specified in "Exhibit B" attached hereto. IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. �) f 1 AP LICANT . HAYQ,EN CORPORATIOI, ,dba HILLMAN. PRq PERTIES NO1R T to I� j BY: \ . Date Peter Van Dyke • ITS: Senior Vice President STATE OF OREGON, County of a7uLTNoMAh' Sepre,,.be- i?• , 1987 . Personally appeared the above named -Pere- 1/4.,,bvKe , who acknowledged the foregoing instrument to be Herr voluntary act. Before me: • Notary Public for Oregon • My Commission expires 7/p.175-0 • CITY BY: • ,r7 1ll0/31 Detel ., fnt Code Administrator ' Date S ATEOF_REGON, County of �g - � ��/I , 1987 . Personally .appeared the above named , who acknowledged the foregoing instrument to b__/heir voluntary act, Before me: crypt". S. Holt- • Notary Pub c for Oregon REVIEWED & APPROVED My Commission ex pi res R l 9g7 AS TO FORM DATE: nt"'C 6 , WW1 L$ LJ Y Site Plan Development A reement Date Received: o OFFICE O. CITY ATTORNEY 9 CITY OF SPRINGFIELD 4 Planner: IM • • µ vP ,cW • V tUNc �;� - - C- i - 3 ,- 1 �. _ i� e� `� v \ `, \ --- w g, :, a (1 . 1 0 ' t; J. 1. lam, rn l r -1 , I I : 4 ,f. ,. �: , r.-,, / o. IT I i ;J Mil 1' ' ! Li I7 '3- s. ' _ (\ O -t :1 31\11 n ,r-----1 _., ' �_- _ �._ 4 V - - e• NORTH 2 nd- E a ey<<. " D m °� ice , ,semi • .m°- rr" D 2 - D R� SC Q rn .1 z , z z m m ,n o in in y t 13 Date Received:8 Lt// Planner: LM