HomeMy WebLinkAboutAgreement APPLICANT 10/24/2012 FINAL PLOT PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter"Agreement", is entered into this 2-5—
day of 711/9/ , 2012 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter"City", and Leonard Tarantola (Prosper Park, LLC), hereinafter
"Applicant", in accordance with Springfield Development Code (SDC) Sections 5.15-115; 5.15-
120; 5.15-125 and SDC Section 5.1-125.
RECITALS
WHEREAS, on the 24th day of May, 2012, the City approved the Final Plot Plan
submitted by the Applicant for the purpose of the following:
CITY CASE NO. TYP112-00009--Type I Final Plot Plan requesting approval to renovate an
existing office building and construct a small scale industrial park with 15 units at 945 28th
Street. The development is located on two parcels identified on the Lane County Assessor's
Maps as 17-02-31-00, TAX LOTS: 1101 and 1100. The property is zoned Heavy Industrial.
WHEREAS, in consideration for a Type I Final Plot Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 5.15-120, Applicant agrees to comply with all of the standards in
the Springfield Development Code, Springfield Public Works Engineering Design Manual and
the Springfield Municipal Code which may be applicable to this development project unless
modified or excepted by the Final Plot Plan Review Development Agreement, Development
Services Director, Planning Commission, Building Official or their agents, or the Fire Marshall,
which modifications or exceptions shall be reduced to writing.
WHEREAS, in consideration for this Final Plot Plan approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development
Code Section 5.15-120, Applicant agrees to comply with the following specific conditions
imposed by the City as part of the Final Plot Plan approval:
A. All improvements must be constructed/ installed as shown on the Final Plot Plan prior to the
final building inspection.
B. The Applicant has made changes to the Final Plot Plan which satisfied Conditions of
Approval listed in the Tentative Minimum Development Standards Staff Report and Decision.
These conditions are not listed in this agreement since they are incorporated into the Final Plot
Plan. The remaining conditions listed below are those which were not met or which cannot be
met prior to the completion of the project. The following conditions shall be fulfilled prior to final
occupancy:
Condition #1. The Final MDS Plan Submittal or Building Permit Submittal shall describe the
proposed planting, consistent with SDC Sections 4.4-100, 4.2-140, and 5.15-120 A. Installation
of the proposed landscaping shall be completed by the time of occupancy.
Prosper Park LLC Page 1 of 4
Case No. TYP112-00009
Development Agreement Date Recev /� z� ry
May 24, 2012 Planner: iv ed:
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Condition #2. The submitted drawings do not show the location or design of trash
receptacles or outdoor storage screening. The Anal MDS Plan Submittal or Building Permit
Submittal shall describe the proposed location, screening for anticipated trash receptacles,
consistent with SDS Section 4.4-110.
Condition #3. The distance from the nearest fire hydrant to the furthest corner of the new
buildings (625 feet) requires the installation of a new hydrant or the sprinkling of the buildings
to meet the Springfield Are Code. The Final MDS Plan Submittal or Building Permit Submittal
shall show either a new hydrant or indicating that buildings C, D and E will be sprinkled.
Condition #4. The 2010 Springfield Fire Code section 505.25 and SFC Appendix D103.1 and
Figure D103.1 require a fire apparatus turnaround for the site. Adequate space appears to be
available for such a turnaround as shown in Figure D103.1. The turnaround will require the use
of land on both tax lots 1100 and 1101. The required space will require proper stripping and
signage to ensure that the narrowing of the drive aisle between the north edge of the Proposed
Warehouse "E" and the walkway to the north is kept clear. •A recorded joint access agreement
guaranteeing the availability of the turnaround in the future shall be required before occupancy.
The Anal MDS Plan Submittal or Building Permit Submittal shall show the fire apparatus
turnaround and signage that will keep the turnaround area clear of impediments or parked
vehicles.
Condition#5. This line must conform to all applicable building code requirement for
construction of a wastewater lateral line underneath a building or be relocated to a location
outside of any building footprint.
Condition #6. The applicant shall provide a covered solid waste storage area large enough o
accept a standard sized dumpster that is covered, hydraulically isolated, plumbed to sanitary
sewer and screened to current city standards.
Condition#7. Prior to being issued building permits an easement will need to be recorded for
the extension of the private line to the existing public line across the adjoining parcel. If a public
utility easement does exist for this line, or is dedicated as part of this development this condition
is also satisfied.
Condition #8. The applicant will need to obtain an encroachment permit for the proposed
connection to the existing 24"storm drain line.
Condition #9: The applicant will provide a drop in catch basin filter for all existing and
proposed stormwater catch basins. These filters will meet the Cities above requirement for
reduction in stormwater pollutants.
Condition #10: Any new catch basins installed or replacement of existing catch basin will be
of the double chambered type and also have a drop in filter insert.
Condition #11: Prior to approval of the final site plan, the applicant shall provide an
operations and maintenance plan to the City for review to ensure the long-term maintenance
Prosper Park LLC Page 2 of 4
Case No. TYP112-00009
Development Agreement
May 24, 2012
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and operation of the proposed catch basin filters. 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 applicant will supply the information from the
manufacturer of the drop in filters as part of this maintenance agreement. A blank copy of the
maintenance agreement is provided with this response.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance
with Section 5.7-135 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 SDC Section 5.15-125 of the Springfield
Development Code.
4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Plot Plan
without first notifying the City. Modifications to the Final Plot Plan shall be reviewed in
accordance with Section 5.7-145 of the Springfield Development Code which describes the
process for modification of Final Site Plans. This process shall apply to the modification of the
Final Plot Plan.
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 4.4-100 through 4.4-105 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 SDC Section 4.2-130 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.
Prosper Park LLC Page 3 of 4
Case No. TYP112-00009
Development Agreement
May 24, 2012
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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 Plot Plan approval becomes null and void if construction does not
commence within 90 days of the date of the agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date
first herein above written.
APPLICANT
6/ZS z BY: I1 �
Date
STATE OF OREGON, County of J,4,YE
,y1ut v , 2012. Personally appeared the above named awl,id t'tt tv , who
acknowledged (edged the foregoing instrument to be • - r voluntary act. Before me:
OFFICIAL SEAL ii;o BRENDA JONES 41.44
,,II
oy_ NOTARY PUBLIC OREGON N•tary Public • .�egon
WV) COMMISSION NO. 429141
MY COMMISSION EXPIRES MAY 27, 2012 My Commission expires aiirdregeicr
CITY
S/A0 lZ BY: .4_ L.:Da e `
STATE OF OREGON, County of
Z11 1 2012. Personally appeared the above named 1IIN 7 , who
acki5owledged the foregoing instrument to be their voluntary act. Before me:
OEE • =3•
1 := BRENDA JONES SI i
■
NOTARY PUBLIC - OREGON Nota' Public fo- yore on
N F COMMISSION NO. 429141 g
MY COMMISSION EXPIRES MAY 17. 2012 My Commission expires dinly it
Prosper Park LLC Page 4 of 4
Case No. TYP112-00009
Development Agreement
May 24, 2012