HomeMy WebLinkAboutPermit Miscellaneous 1989-3-7
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, herei na fter "Agreement", is entered into thi s 11th day of
MAIQ..CH , 1989 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "City", and HILLMAN PROPERTIES NORTHWEST hereinafter "Appl icant", in
accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3).
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REC ITALS
WHEREAS, on the 27th day of February, 1989, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of allowing:
construction of a 42,630 square foot market and 30,500 square feet of retail shops on
property located at 19th and Marcola Road"Assessor's Map 17-03-25-13 Tax Lost 00100,
00101, 00102, 00103, 00200, 00300 and 00400. City Journal Number 89-01w03.
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 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. 370 paved parking spaces will be installed (6 handicapped spaces and 364 standard
spaces) .
2. A minimum of 30 secured bicycle spaces will be provided.
3. 26 street trees of approved type and size will be provided.
4. 14,610 square feet of the parking area will be planted.
5. Permanent irrigation systems will be installed and provisions for ongoing maintenance
will be provided.
6. Trash receptacles, dumpsters, and any outdoor mechanical devices will be screened.
7. Off-street loading areas will be provided.
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 Develop~ent 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 abutting residential property to the north will have a 15 foot~wide, 4 foot-high
berm, that will run the entire length of the proposed development. The berm will be
landscaped with columnar red maples at 25 feet O.C. A 6 foot fence shall be
constructed and maintained on top of the berm.
2. 19th Street, from the north side of Marcola to the service drive at the rear of the
development will be widened 13 feet on the east side.
Site Plan Development Agreement
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3. 19th Street will be restriped to accommOdate a 5 foot bike lane and a new 12 foot
curbside lane.
4. The traffic signal mast arm pole and the bike push button pole at the northeast corner
of 19th Street and Marcola Road will be relocated.
5. Marcola Road will be restriped to accommOdate a left turn lane at the main driveway
for eastbound traffic.
6. Two 135 watt Low Pressure SOdium st~eet lights will be installed on Marcola Road,
using 16 foot ma~t arms, on 40 foot poles and buried 10 feet deep. Location of these
lights is to be approved by the Transpor~ation Manager.
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7. The service driveway and the right~tn right-out driveway shall be P.C. concrete
mOdified returns and will conform tQ City of Springfield Standard Construction
Specification Drawing No. 3~13.
8. Curb returns will be constructed with a 35 foot radius.
9. All fire hydrants located in landscaped areas will be maintained with a "vegetation
free" radius of 3 feet. Minimum separation between hydrants and lighting standards
must be five feet.
10. Identified fire lanes will be "vegetatiOri free" for a minimum vertical clearance of 13
feet 6 inches.
11. All evergreen plants exceeding two a,nd a half feet in height at maturity will be
located outside of all vision clearance triangles where driveways intersect streets.
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12. All public improvements identified in the FINDINGS AND CRITERIA OF APPROVAL will be
completed prior to final occupancy of thiis facility.
13. Any additional public improvements identified by the Director that need to be
installed because of the effects of I this development, will be assessed to the
applicant according to the adopted asiessment policies at the time the improvements
are needed.
14. A joint use access easement and mai~tenance agreement for the 15 foot bermed,
1 andscaped stri p on the abutti ng prope,rty to the north wi 11 be submi tted along wi th
the Final Site Plan and will indicate ,that the applicant is responsible for ongoing
maintenance of this area.
15. Any state or federal permits that may pe necessary for development of this site are
the responsibility of the applicant and will be submitted with the Final Site Plan.
16. A Facilities permit must be obtained from Lane Regional Air Pollution Authority and
submitted with the Final Site Plan.
17. A Vacation application (City Journal Number 88-12-206) of approximately 250 feet of
North 20th Street must be approved by the, City Council.
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18. The vacations of a 5 foot Storm Sewer Easement (City Journal Number 89~01~16) and a 6
foot Public Utilities Easement (City Journal Number 89~01~15) must be approved by the
City Council prior to issuance of any building permit pertaining to these sections of
the property.
19. Evaporative condensers (which locate all noise-making equipment indoors) will be used
instead of roof-top-air~cooled condensers (which generate exterior noise); low
velocity fans will be used to minimize noise levels; dock seals will be installed on
all overhead doors; and the trash compactor will be fully enclosed. The remainder of
the Phasee I development will have a parapet (with a minimum height of three feet) on
the rear (north-facing). side. Albertson's delivery trucks shall meet the Department
of Environmental Quality noise emission standards.
20. Wherever possible, utility lines shall be located underground.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A
PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
AGREEMENT
1. FINAL SITE PLAN. The applicant has submitted a Final Site Plan in accordance with
Section 31.080 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 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.
(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.
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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 that 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 approved becomes null and vOid if construction does not
commence within one year of the date of this Agreement.
IN WITNESS WHEREOF, the Applicant
first hereinabove written.
and the City have executed this Agreement as
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APPLIC
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of the date
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BY:
STATE OF OREGON, County of '-;1,f..J_L-U-rLtpl~
~11f-1rL-/' .L/l--c"'L , 198 CJ. Persona lly appeared the above named
P f+(f VII/? Du I(f!, -St'. I/, ~. , who acknowl edged the foregoi ng instrument to
be tneir..voH..mta'ry act. Before me: ~~' :I.
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ttO/Jy . ub It,c tor Oregon
t}ommission expires :3.-/.)-9~
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Date
CITY
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BY:e;, _. -<: Y\t\.!) ~" -
U\jel~t 'Ode Aam'nl~rator
STATE OF OREGON, County of L,A-/l/C:-
.A/'+fZvl1 7 , 1989' . Persona lly appeared the above named
, who acknowledged the foregoing instrument to
be tneir voluntary act. Before me:
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NotcrrY-PUbl~ Oregon
My Commission expires 3-.4 -crz..
Site Plan Development Agreement
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