HomeMy WebLinkAboutAgreement APPLICANT 7/14/2011 •
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 15th day of July, 2011
(the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Nick
Boyles/OBO Enterprises LLC, hereinafter "applicant," in accordance with Section 5.17-140 of the
Springfield Development Code.
RECITALS
WHEREAS, on the 14th day of July, 2011, the City approved the Final Site Plan Application
submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER TYP211-00002 Site Plan Review, requesting approval to construct a
mixed use commercial/residential development to include 15 attached dwellings and up to 6,000sf of
commercial space on two separate tax lots under a single ownership. The property is located at map
17-02-33-32, tax lots 6300 and 6200. It is addressed as 5175 and 5195 Main Street. The property is
zoned CC (Community Commercial).
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 5.17-140,
Applicant agrees to comply with all of the standards in the Springfield Development Code and the
Springfield Municipal Code which may be applicable to this development project unless modified or
excepted by the Development Agreement, Development Services Director, Planning Commission,
Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced
to writing.
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 5.17-140,
Applicant agrees to comply with the following specific conditions imposed by the City as part of the Site
Plan approval:
• 1. Provide a ground cover plant or seed mix found in the BES stormwater manual to replace Rubus
pentalobus "bramble", or submit certification by a landscape architect that the proposed plant
will function in a similar manner as the ground cover plants listed in the BES stormwater
manual.
2. Provide an operations and maintenance plan to the City for review to ensure the long-term
maintenance and operation of the proposed double chambered catchbasins, filter inserts and
infiltration swales consistent with maintenance criteria required by BES stormwater manual and
manufacturers if applicable. The plan should designate maintenance responsibility for operating
and maintaining the system, and should be distributed to all property owners and tenants of the
site. The City of Springfield can provide a template for each facility upon request.
3. . To ensure a fully functioning water quality system and meet objectives of Springfield's MS4
permit, the Springfield Development Code and the EDSPM, the proposed private vegetative
water quality swale shall be fully vegetated with all vegetation species established prior to
occupancy, while the grassy swale/detention pond shall be fully vegetated with all vegetation
species established prior to City acceptance of the Public Improvement Project. Alternatively, if
this condition cannot be met, the applicant shall provide and maintain additional interim erosion
control/water quality measures acceptable to the Public Works Department that will suffice until
such time as the swale vegetation becomes fully established.
Date Received: 7-l'-k"}
Planner: 5
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4. Full width sidewalks shall be constructed along the frontage of 51st Place and 52nd Street. The
sidewalk on 52nd shall terminate at the southernmost sidewalk accessing the residential portion
of the project.
5. Fill the existing tree wells on Main Street with concrete or modify the landscaping plan to utilize
the tree wells. Include a note on the PIP that identifies which option is chosen.
6. Provide a 7' public utility easement along Main St adjacent to the existing ROW. This PUE can
exist concurrently with the slope and drainage easement shown on the proposed plan. All
Proposed site improvements that will encroach on the PUE are not required to be relocated.
7. If Option A is chosen for final review, submit written approval from ODOT for access to Main
Street.
8. As part of the PIP, include street lighting along the Main Street frontage in compliance with SDC
4.2-145 (A) and the City of Springfield Engineering and Design Standards and Standard
Construction Specifications.
9. Prior to the first occupancy of the residential buildings, install the residential landscaping and the
perimeter landscaping of the entire site.
10. The interior commercial landscaping shall be installed prior to occupancy of the commercial
buildings.
11. If Option A or B is chosen for final site plan review, the site plan shall include a 3' high sight
obscuring, decorative wall adjacent to the drive thru lane.
12. For Option A, the access to Main Street does not have to be improved until the first commercial
building is constructed, unless ODOT requires a different sequence.
13. For Option A, the throat depth for this type of curb return driveway shall be met by relocating the
commercial building access aisle or installing a non-mountable median to prevent vehicular
movements crossing the proposed Main Street access.
14. For all site plan options, the internal sidewalk dimensions shall be revised to comply with the
City of Springfield Design Standards.
15. Unless site-specific conditions make it impractical, the improvements to the 51st Street frontage
shall include a planter strip with street trees.
16. The final site plan shall be revised to contain no more than 30% compact vehicle spaces in the
commercial area.
17. On the building permits for the commercial buildings, include the required number of bicycle
parking spaces. Compliance will be verified prior to occupancy.
18. The landscape plan shall locate trees along the southern property line to obscure the view
between the second story porches and the adjacent LDR property.
19. The facade on 52nd Street shall comply with SDC 3.2-240(D)(2) that requires a minimum of 15%
of the front facade contain windows or doors..
20. The final site plan and building permit plans shall include a note that all outdoor lights shall
contain full cut off shields and be directed downward.
21. The final site plan and building permit plans shall include a note that free standing lights within
50' of the southern property line shall not exceed 12' in height.
22. The building permit plans shall demonstrate all mechanical equipment are screened from view
and buffered so noise does not typically exceed 45 to 50 decibels at the LDR property line.
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THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section
5.17-135 of the Springfield Development Code.
2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the Springfield
Development Code and the specific standards listed in the RECITALS prior to the occupancy,
unless certain conditions have been deferred to a later date in accordance with Section 5.17-
150 of the Springfield Development Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the
City listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to
a later date in accordance with Section 5.17-150 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 5.15-100 of the Springfield Development Code.
5. MAINTAINING THE USE. The Applicant agrees to the following:
a. The buildings and site shall be maintained in accordance with the provisions of the
Springfield Development Code in order to continue use.
• b. It shall be the continuing obligation of the property owner to maintain the planting
required by Section 4.4-100 of the Springfield Development Code in an attractive
manner free of weeds and other invading vegetation.
c. Undeveloped land within the development area, if any, shall be•maintained free of trash
and stored materials and kept in a mowed and attractive manner. Undeveloped land
shall not be used for parking.
d. 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.
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 the
City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy Permit
and terminating any Temporary Occupancy Permit which may have been granted.
7. Any Final Site Plan approval becomes null and void if construction does not commence within
90 days of the date of the agreement.
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first
herein above written.
APPLICANT
(«l ( ( By:
/ /
Date
STATE OF OREGON, County of LGW l �
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A 2011. Personally appeared the above named Nick Boyles, representative of 0130 erpri•4•s, LLC; who acknowledged the foregoing instrument to be a voluntary act. Before me:
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OFFICIAL SEAL Notary P ;laic for Oregon
DEYETTE KELLY
NOTARY PUBLIC-OREGON
� COMMISSION N0.420351 My Commission expires
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MY COMMISSION EXPIRES AUG.15,2011
CITY
7- ) 5 ' zoc■ By:
Date n
STATE OF OREGON, County of l�l
alt 1j P3 , 2011. Personally appeared the above named Steve Hopkins, who
nowl jged the foregoing instrument to be a voluntary act. Before me:
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Notary ublic for Oregon
s, OFFICIAL SEAL
L KELLY
NOTARYP UBC-OREGO N My Commission expires ll /l€r
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COMMISSION NO.420351
MY COMMISSION EXPIRES AUG.15,2011
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