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Home My WebLink AboutPermit Miscellaneous 1987-1-15 :;:;;-- ," -, ,.4-bD~'S .., -. -.,:', .-r-" ."' ., SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this iF) day of ~OAi?-"i.-, 1987 (the "Effective Date") by and between the 111Y OF SPRINGFIITlJ, herel nafter "c ity", and CHEVRON U. S .A. INC. herei nafter "Appl icant", 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 1& day of ~teffJ~""1987, the City approved Site Plan Application submicteo oy the App cant or the purpose of allowing: The construction of a gas station and convenience store a~375 Gatew~ Street, Lot 5 of Sycan Commercial Park. City Journal Number 87-~-1~~. WHEREAS, in consideration for Site Plan approval, the issuance of a Buildin9 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 be applicable to this development project, including but not limited to, the following: 1. The Rainbow Water District requests they be contacted'regarding final meter sizing and development costs for this proposal. Mr. Hanley of Rainbow Water District can be contacted at 503-746-1676. 2. Sign permits need be obtained prior to the installation of any signs. Stamped engineered drawings need to be submitted for plan review. The self service signs as shown on the site plan are not permitted in Oregon and should be removed from the Final Site Plan. 3. The proposed drainage plan is not approved as shown. Storm water is to be gathered on site well away from where it might flood over onto the public right-of-way, should catch basins become blocked. Standard driveway approaches are to specifications. Close any remaining curb replacemen~ as per City specifications. 5. The installation of three bicycle racks near the store. be constructed to City openings with full depth curb 4. 6. Installation of a perimeter curb along the eastern property line. 7. Installation of a temporary curb adjacent to the driveway on Gateway Street to, prevent vehicles from accessing lot 4 of this subdivision. 8. The area of your property that is reserved for future development is required to be barricaded by means of extruded curb or other approved means to prevent vehicles from accessing this area of the property. 9. A gas tank permit is required to be obtained from the Fire Marshal's office for the installati9n of underground gas tanks. Site Plan Development Agreement 1 ',' ,', , / . ~. 10. Installation of one additional street tree along Kruse Way between the- intersection and the area west of the curb cut. 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. The sign posts and footings must be relocated out of the public utility easement. 2. A recorded copy of the joint use driveway agreement between Chevron U.S.A. Inc. and Sycan B Corporation needs to be submitted as part of the Final Site Plan submittal. 3. A copy of the title report or documentation that verifies Chevron U.S.A. Inc. as the owner of this property needs to be provided. This verification needs to be submitted as part of the Final Site Plan. NOW THEREFDRE IN CONSIDERATION DF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLDWS: 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. Site Plan Development Agreement 2 , .. " ~ ' .-, I . ,~_" . ,T--",; .... ..~ '-' ., , . (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. 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. IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. I It 3 /'iris uate ;;"~~_,;~ ST~EGON, ............ De tnel r vo I unt County of ,198___ ~ersonaIIY, appeared the abo named , who acknowledged the for oing instrument to tJerore me: BY: uate . Deyelopment eoae Aam)n~trator STATE OF~y of ~ .G1.e. "",,-,./.J ,19a;ij" 't'~rson.&1IY appeared the above named , V.~fi...H~ C.!- ~, who acknowledged the foregoing instrument to be t a:;Yr voluntary act.~re me: NO~Or:~~~ ~ My Commission expires //~/9u " , -- Site Plan Development Agreement 3 " . , , ~ CITY \/.-d'a> BY'~""~~ - Date Deve(Jmt5c 'Adm';nlstrator STATE OF OREGON, County of L-~~ ,JA-tVV~ 1')- ,198~ Personally appeared the above named 0..'~(,-of.2'1 ,j'/'1o-,r-' , who acknowledged the foregoing instrument to be thelr voluntary act. Before me: ~, ~/k Notary Pub I )Oor-UFegon My Commi ss i on ex pi res "J - Zf - [18 Site Plan Development Agreement 4 ,..'. \'1,) .: . 'i'\" If) ~ ,t,,' . .:' i, .... :) t II ;' ,1: './,1 " : ('..', _I., J J, . ..~ '. .' I (,) ! ./, " ',\ I, " I ., ,