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Home My WebLink AboutNotes Applicant 11/15/2024SITE PLAN DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this J day of 2023 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Brent Lanz of Cherry Springs, LLC, hereinafter "Applicant," in accordance with Section 5.17-145.F and Sections 5.1-125.13, 5.1-130.13, 5.1-135.D and 5.1-140.D of the Springfield Development Code. RECITALS WHEREAS, on the -J_ day of 2022, the City approved the Final Site Plan Application (Final Plan Set made up of 30 pages total, which includes Architectural Plans (A0.1, A6.1 -A6.4, Leasing Unit A6.1 -A6.3)) as submitted by the Applicant's representative, Bishow Consulting, on May 3, 2022. The Final Plan Set also includes On -site Planning Plans (P1-P3), Civil Plans (Cl-C7, SD1-SD3), and Landscape Plans (1-1-1-9) as submitted by the Applicant's representative, Bishow Consulting, on July 14, 2022, for the purpose of the following: CITY JOURNAL NUMBER 811-21-000015-TYP2 Type II Site Plan Application requesting approval to construct 17 buildings for a total of 129 new dwelling units. The proposal includes the construction of residential buildings, office, open space, stormwater management facilities, drive aisles, parking lots, and other infrastructure needed for the development. The subject property (hereinafter "Property") is located on the north side of Main Street/Hwy 126 and the east side of 481h Street in Springfield. The Property is currently vacant and not yet municipally addressed. The Property is identified as Tax Assessor's Map 17-02-32-41, Tax Lot 400. The subject site is also located in the East Main neighborhood area and a Drinking Water Protection area (20-99-year TOTZ forthe MAIA Drinking Water Wellhead). The Property is designated and zoned Mixed Use Residential (MUR) in accordance with the adopted Springfield Zoning Map, the Metro Plan diagram, and East Main Refinement Plan diagram. WHEREAS, in consideration for Type II Site Plan approval, the issuance of Building Permits, and the issuance of Occupancy Permits, as specified in the Springfield Development Code Sections 5.17-140 and 5.17-145.F, Applicant agrees to comply with all of the standards in the Springfield Development Code (SDC) and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted in writing by the Site Plan Development Agreement, Development & Public Works Director, Planning Commission, Building Official or their agents, or the Fire Marshal. WHEREAS, Applicant agrees to comply with all conditions of the Site Plan approval 811- 21-000015-TYP2 (hereinafter the "Approval"), including implementation of construction and operation practices that conform with the Drinking Water Protection standards described in Springfield Development Code Section 3.3-235.A, and the Water Quality Protection standards described in Springfield Development Code Section 4.3-115. WHEREAS, in consideration for Final Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Sections 5.17-140 and 5.17-145.F, Applicant has agreed to comply with the specific conditions imposed by the City as part of the Site Plan approval. Page 1 of 4 NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. SITE IMPROVEMENTS. Applicant agrees to construct/install the paved driveway approaches and internal sidewalks, vegetated stormwater management facilities, parking lots, buildings, landscaping, and associated improvements as depicted on the Final Site Plan set (811-21-000015-TYP2) and approved construction plans prior to requesting final site and building inspections, and prior to issuance of Occupancy. 2. FINAL SITE PLAN. Applicant has submitted a Final Site Plan application in accordance with Section 5.17-135 of the Springfield Development Code. The Final Plan Set consists of 30 pages total (Architectural Plans (A0.1, A6.1-A6.4, Leasing Unit A6.1-A6.3), On -site Planning Plans (P1-P3), Civil Plans (Cl-C7, SD1-SD3), and Landscape Plans (1-1-1-9)) which were submitted by Bishow Consulting, the Applicant's representative. 3. STANDARDS. Applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in the RECITALS prior to occupancy unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 4. CONDITIONS OF APPROVAL. 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 Section 5.17-150 of the Springfield Development Code. 5. MODIFICATIONS. Applicant agrees not to modify the approved Final Site Plan without first notifying the City and obtaining any necessary approvals. Modifications to the Final Site Plan must be reviewed in accordance with Section 5.17-145 of the Springfield Development Code. 6. MAINTAINING THE USE. Applicant agrees to the following: a. The parking and driving areas, landscaping and site must be maintained in accordance with the provisions of the Springfield Development Code in order to continue use. b. It must be the continuing obligation of the property owner to maintain the site landscaping and plantings required by Section 5.17-155 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. c. Undeveloped land within the development area, if any, must be maintained free of trash and stored materials and must not be used for parking. d. Parking lots must be maintained by the property owner or tenant in a condition free of litter or dust in accordance with Section 5.17-155.c of the Springfield Development Code. Deteriorated pavement conditions must be improved to maintain conformance with these standards. Page 2 of 4 7. Applicant agrees to coordinate with the City's Development & Public Works Department and obtain necessary permits prior to initiating any grading or excavation activity on the site, and prior to installing driveways or connections to public utilities. 8. 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. 9. Applicant agrees to observe Water Quality Protection practices during construction and operation of the Property including, but not limited to, taking precautions during site construction to prevent chemical contamination of surface and groundwater resources, promptly cleaning up any spills or leaks from machinery and equipment, and avoiding construction impacts to protect drinking water quality. 10. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of this agreement. Page 3 of 4 IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. AP LICAN 714� By: ` Date Brent Lanz, C ry Springs, LLC STATE OF OREGON, County of- L_ 2022. Personally appeared the above named Brent Lanz of Cherry Spr*3s, LLC, who acknowledged the foregoing instrument to be their voluntary acts. Before me: OFFICIAL STAMP BEVERLY ANN PURGASON ' NOTARY PUBLIC-OREGON COMMISSION NO. 1002627, My COMMISSION EXPIRES AUGUST 05, 2024 66 l /'?� -)-, D to STATE OF OREGON, County of No ry Public for Oregon J My Commission expires CITY OF S I IELD By: Me Issa Canno, her 2b2ersonally appeared the above named Melissa Carino, DPW Senior Planner, who acknowledged-ft foregoing instrument to be his voluntary act. Before me: Notary Public fdr,zOregon My Commission expires_ Page 4 of 4 1- z Date STATE OF OREGON, County of XKt1 CITY OF SPRINGFIELD. By: .. Tom Sievers, Senior Planner ��'✓w( �ii��'i. 2023. Personally appeared the above named Tom Sievers, DPW Senior Planner, who acknowledged the foregoing instrument to be his voluntary act. Before me: OFFICIAL STAMP SHANNON LEE MORM NOTARY PUBLIC - OREGON COMMISSION NO. 10=12 W COMgAM EXPIRES JAIRM 31, 29V Notary Public for Oregon My Commission expires 113 (. a-oa�