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Home My WebLink AboutAgreement PLANNER 1/23/2008 , ; MINIMUM DEVELOPMENT STANDARDS REVIEW DEVELOPMENT AGREEMENT ThIs DEVELOPMENT AGREEMENT, hereafter "Agreement", IS entered mto thIS 23rd day of January, 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, heremafter "CIty" and RIchard Becker, heremafter "Owner", 10 accordance wIth Sprmgfield Development Code 5 15-125 RECITALS WHEREAS, on the 23rd day of January, 2008, the CIty approved the Mmunum Development Standards ApplIcatIOn suhll1ltted hy the ApplIcant for the purpose of the followmg CITY CASE NUMBER DRC2007-00085, Type I Mmunum Development Standards ApplIcatIOn requestmg approval for 960 square foot addItIOn at 1807 OlymPIC, Map and Tax Lot Number 17-03-25- 31/07100 WHEREAS, m conSideratIon for a Type I Mmunum Development Standards ApplIcatIOn approval, the Issuance of a BUlldmg PermIt, and the Issuance of an Occupancy PermIt, as speCified m the Sprmgfield Development Code 5 15-125, Owner agrees to comply WIth all of the standards m the Sprmgfield Development Code and the Spnngfield MuniCIpal Code whIch may be applIcable to thIS development proJect unless modIfied or excepted by the Mmunum Development Standards Development Agreement, Development ServIces Drrector, Plannmg COIllimssIOn, BUlldmg OffiCIal or theIr agents, or the Frre Marshall, whIch modIficatIOns or exceptIOns shall be reduced to wntmg WHEREAS, 10 consIderatIOn for Mmunum Development Standards approval, the Issuance of a BUlldmg Permit, and the Issuance of an Occupancy PermIt, as speCIfied 10 the Spnngfield Development Code 5 15-125, Owner agrees to comply WIth the followmg speCific condItIOns Imposed by the CIty as part of the Mmlmum Development Standards approval All Improvements must be constructedlmstalled or bonded as shown on the Fmal Plot Plan dated January 23, 2008 2 All conditIOns as speCified III the Notice of DecIsIOn, dated January 23, 2008, must be fulfilled pnor to the Issuance of a Fmal Occupancy PermIt THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS I FINAL MINIMUM DEVELOPMENT STANDARDS The Owner has submItted a Fmal Plot Plan 10 accordance WIth 5 15-125 of the Sprmgfield Development Code 2 STANDARDS The Owner agrees to fulfill all applIcable standards speCIfied m the Spnngfield Development Code and the speCIfic standards lIsted 10 the RECITALS pnor to the occupancy, unless certam conditIOns have been deferred to a later date m accordance WIth 5 17-150 of the Spnngfield Development Code Development Agreement DRC2007-00085 Page J af3 ....r--_. .,.. rVi\l';~"I'-,'''; r.t.!3 . j~)fI ~j I~i - ud,<;I 1,.:ceIVe(I.~//S,~ Planner: T J 3 CONDITIONS Owner agrees to fulfill all specIfic conditIons of approval requITed by the CIty lIsted m the RECITALS pnor to occupancy, unless certam condItIons have been deferred to a later date m accordance With 5 17-150 of the Spnngfield Development Code 4 MAINTAINING THE USE The Owner agrees to the followmg (a) The bUlldmg, parkmg and landscapmg areas shall be mamtamed m accordance With the proVISIOns of the Spnngfield Development Code m order to con!mue the use (b) OIl/water separator catch basms, If approved by the City, and other dramage systems are requITed to be checked and cleaned to remove pollutants as needed (at least once a year, usually m September) All waste matenal must be disposed of m a lawful manner The Owner must document these mamtenance actIvItIes and have the documents available on site for the City of Spnngfield to mspect and review Failure to have documents on-site Will be a breach of thiS agreement and may result m a citatIon 6 In additIon to all other remedies which may be prOVided by law or eqUIty (mcludmg but not lumted to penalties provided by applIcable State Law or City Ordmances), Owner agrees the City may enforce Owner's responsibilItIes by wlthholdmg ApplIcant's Fmal Occupancy Perrmt, and termmatmg any Temporary Occupancy PermIt whIch may have been granted 7 Any Mmunum Development Standards approval becomes null and VOId If constructIOn does not commence wlthm 90 days of the date of the agreement Development Agreement DRC2007-00085 Page 2 of3 ~ - ,;)( !If', Date Received: Planner T J ( /7!J/.232- ~...., t'OVf~ . J l..'~. IN WITNESS WHEREOF, the Owner and CIty have executed thIS Agreement as of the date first herem above written (- 23--"6t Date OWNER: /:J ~/ BY K~ (~ SJ'ATE OF OREGON, County of Lane, .':>.'\5\ :l <, .2008 Personally appeared the above named ILl LhC'cV" A \\\\'\.V1 \Y-L \:.Lv" who acknowledged the foregomg mstrument to be theIr voluntary act Before me l/a/be.iLlA f~.. td..--- VV"l Notary PublIc for L{1..YIJ--- My CommissIOn expIres J / ). 7 / II CITY BY ~~! \---="-1 ( l .. STATE OF OREGON, County of Lane ~ ::\"CW'I c:l3 ,2008 Personally appeared the above named who acknowledged the foregomg mstrument to be their voluntary act i /;7 ~ / OK Date I ' ' --r- i -t.r r Before m~ TD'\.IU, &bJ-kl&~ ( rr - - .-. ,-.-. - ~i~li:L's8iL'" - -= ~ Notary PublIc for Oregon 1" ~\ REBEKKAI1 R KEHM ~ 1 .: -" ~) NO' A IW PUBUC,.OREGON \~ ('OM~'ISSION NO 414703 My CommissIOn expIres ~~~V ~~M~,S.!2t~~:~RES,F~B~~~~ ~!1. -::::. L~'~"'L'. ...... ...____ ~ Ii L.~ 2/JI/11 Development Agreement DRC2007-00085 Page3 0[3 Date ReceiVed:~./ 2 3 ~ Planner: T J I . Date ~ .c3celved JAN 2 3 2008 Onglnal Submittal U AFFIDAVIT OF SERVICE STATE OF OREGON) )ss. County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows 1. I state that I am a Program Technician for the Planning DIVISion of the Development Services Department, City of Sprmgfield, Oregon . 2 I state that m my capacity as, Program Technician, I prepared and caused to be '\ YLMcLc1~OIL,n.oJ mailed coplesof~C2Do7-mog5 'nMih ~JlQ{t';".k-7nD5- '&..~.levd~~~ (See attachment "A") on I h 7, . 2008 addressed to (see cud- Attachment B"), by causing said letters to be placed In a U S mall box with postage fully prepaid thereon. ~))~A--)lt1~ KARfN LaFLE~R / ) STATE OF OREGON, County of Lane ~_ :J.,.3 . 2008 Personally appeared the above named Karen LaFleur, o ram TEic;fJnlclan, who acknowledged the foregomg Instrument to be their voluntary a Before ~e r""~==-"g~1f:ii~ -="~l i - NOTARY PUBLIC-OREGON I ~ COMMISSION NO 385725 . : _ _ .!-1~C.9~M~~O!:!.~~ESNOV 12,2008 ! ,-...... . . . . .._~ ~.~/ II/; 2/2f)O 51 / My Commission Expires' Date ReceIVed' Planner: T J . I /7.....7" /~c?-. J . / - -. TYPE I TENTATIVE MINIMUM DEVELOPMENT STANDARDS, STAFF REPORT & DECISION PrOject Name Ho]e m the Wall BBQ Nature of ApplicatIon 960 sf addItIon to an eXlstmg restaurant bUlldmg Case Number DRC2007-00085 Project Location ] 807 OlympIC Street, SE corner of] 81b and OlympIC Streets 17-03-25-31/07100 Zomng. MUC - MIxed Use Commercial Current SIte CondItIOns Former Carrow's and Mam Street Restaurant and Lounge Metro Plan DeSIgnation MaJor RetaIl Center CommercIal Zomng of SurroundlDg PropertIes North-MRC MaJor Retail Commercial, South-MUC, East-MUC and West-MUC ApplicatIOn SubmItted Date December 31,2007 SIte VISIt Conducted Date January 8, 2008 DeCISIon Issued Date January 23, 2008 Recommendation Approved WIth condlllons ASSOCIated ApplicatIOns COM2007,O] 962 (bUlldmg permIt) , CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION I REVIEW OF I ProJect Manager Planning I Transportation Planning Engmeer I TransportatIOn I Public Works CIVIl Engmeer I UtilitIes I Deputy FIre Marshal I FIre and LIfe Safety I Community ServIces Manager I BUlldmg APPLICANT'S DEVELOPMENT REVIEW TEAM Owner RIchard Becker 3200 West ] lib A venue Eugene, OR 97402 Consultant Hams DeSIgn Darryl HarrIS PO Box 70242 Eugene, OR 97401 Hole In the Wall BBQ DRC2007-00085 NAME Tara Jones Gary McKenney Jesse Jones GIlbert Gordon Dave Puent PHONE 736-1003 726-4585 736-1036 ' 726-2293 726-3668 Date ReceiVed: I h"< / n;r.. Planner. T J ' / Page 1 Purpose Mmlmum Development Standards (MOS) are mtended to support economIc development by mmlmlzmg CIty revIew for mmor addItIOns, expansIOns or changes m use MDS shall ensure compliance WIth specIfic appearance, transportatIOn safety and efficIency, and stonnwater management standards specIfied m the Spnngfield Development Code (SDC) and otherwIse protect public health, safety and welfare Criteria of Approval In order to grant MDS approval, the Director shall detennme compliance WIth all applicable standards specIfied below Applicable Special Use Standards None ~ Complies as Shown on Plot Plan o Proposal ComplIes when the followmg CondltIon(s) IS/ are met 1) A fIVe-foot WIde landscaped planter smp, mcludmg street trees, WIth approved ImgatIon or approved drought resIstant plants as specIfIed 10 SDC 4 2-140 and 4 4-100 shall be mstaIled between the SIdewalk and parIong areas or buIldmgs o ComplIes as Shown on Plot Plan ~ Proposal ComplIes when the followmg CondltIon(s) IS/ are met CondItIon 1 PlantIng of SIX street trees IS requITed The applIcant shall work WIth Planrung staff on the appropnate locatIon of the trees The plantIng of the street trees shall comply WIth the reqUIrements ofSDC 4 2-140 and 4 4-100 See attached Street Tree Handout for plantIng requrrements 2) Trash receptacles and outdoor storage areas shall be screened by a structure or enclosure pennanently affIXed to the ground as specIfIed 10 SDC 4 4-100 ~ ComplIes as Shown on Plot Plan o Proposal ComplIes when the followmg CondltIon(s) IS/ are met 3) BIcycle parIong spaces shall be added to meet the numerical standards for the appropriate use or upgraded to meet the standards set 10 SDC 4 6-140, 4 6-145 and 4.6-155 ~ ComplIes as Shown on Plot Plan o Proposal ComplIes when the followmg CondltIon(s) IS/are met Date ReceiVed: Planner: T J I 1;2 2 Ir--.;?f I / Hole In the Wall BBQ DRC2007-00085 Page 2 4) Parlang and cIrculatJon areas shall be paved and strIped and wheel stops Installed as specIfIed In SDC 4 6-100 and 4 6-120 RequIred pavIng and other ImpervIOUS surfaces on the sIte shall comply Wlth on-sIte stormwater management standards as specIfIed In SDC 4 3-110 o ComplIes as Shown on Plot Plan [2J Proposal ComplIes when the folloWlng CondltJon(s) IS/ are met CondltJon 2 Both caleh basInS shall be retrontted Wlth fIlter InSerts See attached MDS worksheet on InStaIlatJon requIrements 5) Access onto the pubhc nght-of-way shall comply wIth SDC 4 2-120 o ComplIes as Shown on Plot Plan [2J Proposal ComplIes when the folloWlng CondltJon(s) IS/ are met Fmdmg SDC Table 4 2-2 requIres that commerCIal dnveways have a throat depth of 18 feet from the face of the curb to the fIrst stall Fmdmg The fIrst parkmg space at the 18th Street entrance IS only 13 feet back from the curb Due to the SIZe of the property, one parkmg space will be lost when the fIrst space IS moved to 18 feet from the curb face Fmdmg The proposed number of parkIng spaces (50) IS the mrmmum reqUIred for a restaurant of the proposed sIZe Fmdmg SDC 515-120 allows the DIrector, m consultatJon WIth the TransportatJon Plannmg Engmeer, to approve a reductJon m the number of reqUIred parkIng spaces If there IS a phYSIcal constramt on the sIte Based on the above fmdmgs, the DIrector allows a reductJon of one reqUIred parkmg space CondltJon 3 The Fmal Plot Plan shall be reVISed to show the nrst parkIng space at the 18th Street entrance to be 18 feet from the face of the curb The eXlSbng curb shall be removed and a new curb InStalled The planter shall be extended mto thIS space 6) Concrete SIdewalks shall be Installed where the sIte abuts a curb and gutter street as specIfIed In SDC 4.2-135 [2J ComplIes as Shown on Plot Plan Date Rece'Ved:-L,h <.,~ Planner: T J Hole In the Wall BBQ DRC2007-00085 Page 3 o Proposal ComplIes when the followmg Conchbon(s) IS/ are met 7) Streethghts shall be Installed as speCIfIed In SDC 4 2-135. [2J ComplIes as Shown on Plot Plan o Proposal ComplIes when the followmg Condlbon(s) IS/ are met 8) The development shall conneclto pubhc ubhtJes as specIfIed In SectJons 4 3-105, 4 3-110, and 4 3-120 of the SDC and comply WIth the Spnngfleld BuIldIng Safety Codes, where apphcable Easements may be reqUIred as specIfIed In 4 3-140 of trus Code [2J ComplIes as Shown on Plot Plan o Proposal ComplIes when the folloWlng CondltJon(s) IS/are met Tlmehnes and Conditions of Approval The property owner and/or applIcant has 30 days from the date of thIS deCISIon to submIt a Fmal Plot Plan demonstratmg complIance WIth the followmg Conditions of Approval ConchtJon 1 Planbng of SIX street trees IS reqUIred The applIcant shall work WIth Planrnng staff on the appropnate locabon of the trees The planbng of the street trees shall comply WIth the requIrements of SDC 4 2-140 and 4 4-100 See attached Street Tree Handout for pIanbng requIrements Conchbon 2 Both catch basInS shall be retrofItted WIth filter InSerts See attached MDS worksheet on InStallabon requIrements Condlbon 3 The Fmal Plot Plan shall be revIsed to show the fIrst parkmg space at the 18th Street entrance to be 18 feet from the face of the curb The eXlSbng curb shall be removed and a new curb InStalled The planter shall be extended mto thIS space In order to complete the revIew process, a Development Agreement IS reqUIred wlthm 45 days from the date of thIS deCISIon to ensure the terms and condIlIons of thIS applIcatIOn are bmdmg upon both the applIcant and the CIty ThIs agreement WIll be prepared by Staff and upon approval of the Fmal Plot Plan, must be SIgned by the property owner pnor to Issuance of a bUlldmg permIt Cate Received: Planner: T J I h.. 7. /'" tl , / Hole In the Wall BBQ DRC2007-00085 Page 4 The constructIon of the reqUIred Improvements shall begIn WIthIn 90 days of the date of thIs decIsIOn lfthe establIshed tIme lIne cannot be met, the applIcant may submIt a wrItten request for a tIme lIne extenSIOn as specIfied In SDC 5 15-125 The DIrector may allow a one-tIme extensIOn of the 90-day start of constructIon tIme lIne due to SItuatIOns mcludIng but not Irmlted to, reqUIred permIts from the CIty or other agencIes, weather condItIons and the unavaIlabIlIty of asphalt or the unavaIlabIlIty of street trees If the tIme extensIOn IS allowed, secunty shall be proVIded as specIfied In SDC 5 17-150 The tIme lIne extensIOn shall not exceed 90 days If the establIshed tIme lIne IS not met and the applIcant has not requested an extenSIOn, the DIrector shall declare the applIcatIOn null and vOId If the property IS occupIed and the property owner shall be consIdered In vIOlatIOn of thIS Code If the establIshed tIme lIne IS not met and the applIcant has requested an extensIOn and that tIme lIne has not been met, the DIrector may reqUIre the Improvements be mstalled as specIfied m SDC 5 7-50 PERMITS THAT MAYBE REQUIRED . All new sewer taps wIll reqUIre permIts from the PublIc Works Department pnor to connectIon . SIdewalks and dnveway curb cuts and closures requIre permIts from the PublIc Works Department . BUIldIng permIts WIll be reqUIred for the constructIon of the bUIldIng and the pavmg of the parkmg lot . An LDAP permIt WIll be reqUIred for all gradmg, fillmg and excavatmg beIng done . SIgn PermIt-NOTE SIgnS are regulated by the Spnngfield MunICIpal Code ArtIcle 9, Chapter7 The number and placement of sIgns must be coordmated WIth the Commumty ServIces DIVISIOn The locatIOn of SIgnS on a SIte Plan does not constItute approval from the Commumty ServIces DJVlSlOn AddItional Information The applIcatIOn, all documents, and eVIdence relIed upon by the applIcant, and the applIcable cntena of approval are avaIlable for free InspectIon and copIes are avaIlable for a fee at the Development ServIces Department, 225 FIfth Street, Spnngfield, Oregon Appeals ThIs Type I deCISIon IS exempt from the proVISIOns of ORS 197 195, 197 763 and 227 173 and therefore cannot be subject to the appeal proVISIOns of SDC SectIon 5 3-100 Appeals QuestIons Please call Tara Jones In the Plannmg DIVISIOn of the Development ServIces Department at (541)736-1003 If you have any questIOns regardIng thIS process ')ats Received: Planner: T J I /2-) /06 , . -," Hole In the Wall BBQ DRC2007-00085 Page 5 , , !1CVLd.- rtd~cl c/o ~ ~~b~7c/~ m /- z3 - 2{){)g' So ~ if~ Date ReceIved' I /2-:, /0 f, Planner. T J B