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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: • • 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 • • 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 • • 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