HomeMy WebLinkAboutAgreement PLANNER 8/1/2013 City of Springfield SPRINGFIELD
Development Services Department
225 Fifth Street
Springfield, OR 97477 ]
MINIMUM DEVELOPMENT STANDARDS MAJOR
Development Agreement
This DEVELOPMENT AGREEMENT, hereafter"Agreement" is entered into this )��day of 4 , 2013 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Daniel Stan4baugh,
hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and
5.1-125.B.
RECITALS
WHEREAS, on the 12th day of June, 2013, the City approved the Minimum Development Standards Major,
hereinafter"MDS" application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER TYP113-00012, Typed MDS application, requesting approval for phased construction of
two new commercial buildings with associated parking and landscaping. The property is located at 1863 Laura
Street, Springfield, Oregon (Assessor's Map 17032710, Tax Lot 3900).
WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant agrees to comply with all of the
standards in the SDC and the Springfield Municipal Code that may be applicable to this development project
unless specifically modified or excepted by this Agreement, the Development Services Director, Planning
Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be
reduced to writing.
WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified in SDC 5.15-125, the Applicant has agreed to comply with the following
specific conditions imposed by the City as part of the MDS approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan, dated July
31, 2013.
2. All conditions as specified in the MDS TYP113-00012 Decision, dated June 12, 2013 must be fulfilled
prior to issuance of the Final Occupancy Permit. Specifically, a copy of the recorded access easement
must be submitted prior to Final Occupancy.
3. No building or structure shall be occupied until all improvements are made as specified in this Section,
unless otherwise permitted in Section 5.15-125 F.
4. Submittal of the access easement document over tax lot 17032710-3902 (currently owned by the Sheet
Metal Training Fund, Inc.) prior to Final Building Inspection and Occupancy.
5. The applicant has stated they will be storing refuse containers inside the building. If this does not
occur. Condition 6 of this decision shall be applicable. This condition requires refuse containers outside
of buildings to be screened, covered and plumbed to sanitary sewer. This condition shall also apply to
phase 2 of this development if refuse containers are stored outside the building. p
Date Received: D ��
Planner: LM
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A
PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS:
1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125.
2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC 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 SDC 5.15-125 F.
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 5.15-125 F.
4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Plot Plan without first
notifying the City.
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 SDC in order to
continue the use.
b. It shall be the continuing obligation of the property owner to maintain the planting required by
the SDC 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 the
SDC.
7. 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), the Applicant agrees that the City may
enforce the Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and
terminating any Temporary Occupancy Permit which may have been granted.
8. Any Final Plot Plan approved becomes null and void if construction or phases of construction do not
_ commence within 2 years of the MDS TYP113-00012 Decision. If this time line cannot be met, the .
applicant may submit a written request for a single 1-year extension of the 2-year start of the
construction timeline specified.
J)ate Received: I I�
Plannei: LM
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICANT:
2,-)/3 By: �
ate rr��
STATE OF OREGON, County of Lane, f-a 2013. Personally appeared the above named
Daniel Stambaugh who acknowledged the fc going instrument to be his voluntary act. Before me:
Notary Public So Oregon 1
My Commission Expires C Ltl«
CITYO PRI GFIELD:
4 I go3 By:
Date
STATE OF OREGON, County of Lane, 2013. Personally appeared the above named
Elizabeth Miller, Development and Public Work epartment Planner, who acknowledged the foregoing
instrument to be his voluntary act. Before me: �
.Notary Pu c- regon 1 a
OFFICIAL SEAL l L1 l J
KATHRYN E REEDER My Commission expirej�I
NOTARY PUBLIC-OREGON
COMMISSION NO. 443126
MY COMMISSION EXPIRES OCT 4,2013
Date Received: 3
Planner: LM
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