HomeMy WebLinkAboutAgreement APPLICANT 9/3/2008
DEVELOPMENT AGREEMENT
MINIMUM DEVELOPMENT STANDARDS # DRC2008-00045
This DEVELOPMENT AGREEMENT, hereafter "Agreement", entered into
this 3rd day of September, 200S (the "Effective Date") by and between the
CITY OF SPRINGFIELD, hereinafter "CITY", and Emmitt Properties LLC; Bill
White; and the Mount Vernon Church, hereinafter "Applicant", memorializes
compliance with the Decision and Conditions of Tentative Approval for City
Planning File DRC200S-00045 and constitutes Final Site Plan and
Development Approval in accordance with Sections 5.17-135, 5.17-140, and
Sections 5.1-125,5.1-130,5.1-135,5.1-140 of the Springfield Development
Code. The purpose of this agreement is to ensure that the terms and
conditions of Site Plan Review are understood and binding upon both the
applicant and the City. Upon completion of site development as determined
by a Final Site Inspection, the Approval shall be considered Finaled.
RECITALS
WHEREAS, on the 2Sth day of August, 200S, the City approved the
Minimum Development Standards application submitted by the Applicant for
the purpose of the following:
CITY JOURNAL NUMBER DRC200S-00045. Type -1 Minimum Development
Standards Application requesting approval for a change of use from retail to
church in a 3,200 ft2 portion of an existing commercial strip on property.
zoned Community Commercial (CC) in the City of Springfield. The
development site is located at 140S Main Street. Development approval is
subject to compliance with the conditions of Site Plan Approval contained
herein and limited to the use and improvements reviewed.
WHEREAS, in consideration for Type I Minimum Design Standards
Application approval, Applicants agree to remain in compliance with the
aforementioned Decision, all of the standards in the Springfield Development
Code and the Springfield Municipal Code which may be applicable to this
development project unless modified or excepted by the Site Plan Review
Development Agreement, Development Services Director, Planning
Commission, Building Official or their agents, or the Fire Marshall, which
modifications or exceptions shall be reduced to writing in accordance with
Section 4 of this Agreement.
WHEREAS, in consideration for Minimum Standards Approval, the
Applicant has submitted final site plan complying with the following
conditions imposed by the City as part of the Minimum Development
Standards approval:
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Page 1 of4
DRC2008-00045
Condition 1: The ,property is fully developed and"does not allow for
the placement of a 5-foot planter strip between the sidewalk and
parking areas. There is however, an asphalt bump out, 8 feet in length
and 18 inches in width is located on the northern edge of the 14th
Street driveway that, if planted, would meet the requirements for
planting based on SDC 5.15-150(A)(2)(b). The planting shall be shown
n the final plot plan.
Condition 2: The trash receptacle shall be shown on the final plot
plan with uniform sight-obscuring screening.
Condition 3: Provide a total of 3 bicycle parking adjacent to the site
on the Final Plot Plan.
Condition 4: Twenty-eight parking spaces are available on the site.
As the other businesses are closed on Sunday and evenings, the
amount of parking is adequate. Provide striping to a minimum of four
parking spaces and bring the existing Handicapped parking space into
compliance with SDC 4.6-1.
All improvements shown on the Final Site Plan shall be constructed,
installed or guaranteed in accordance with security and/or bonding
procedures of SDC Section 5.15-100, Minimum Development
Standards.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS
WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY
AND APPLICANT AGREE AS FOLLOWS:
1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan
in accordance with Section 5.17-135 of the Springfield
Development Code.
2. STANDARDS. The applicant shall comply with all standards listed
in the RECITALS prior to the occupancy or use of the site unless
certain conditions have been deferred to a later date in
accordance with Section 5.17-150 of the Springfield
Development Code. Upon satisfactory completion of all
improvements shown on the approved Final Site Plan, the
application will be deemed completed.
3.
CONDITIONS. The applicant shall comply with all specific
conditions of approval required by the City listed in the
RECITALS, unless certain conditions have been deferred to a
later date in accordance with Section 5.7-150 of the Springfield
Development Code. "
Date Received"' q I ~ I of!
Planner: lJ) ~
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Page 2 of 4
DRC2008c00045
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4. MODIFICATIONS. The Applicant shall not modify the approved
Final Site Plan without approval from the City. Changes to the
Final Site Plan proposed by the applicant shall be reviewed in
accordance with Modification procedures of Springfield'
Development Code Section 5.15-100 in effect at the time of the
proposal.
5. MAINTAINING THE USE. The Applicant agrees to the following:
a. In order to continue the use, the building and site shall be
maintained in ,accordance with improvements required by
Planning Decision DRC200S-00045, and all improvements
shown on the approved Final Site Plan.
b. The plantings required on the approved final site plan shall
be maintained in an attractive manner free of weeds and
other invasive vegetation. In addition, plantings in the vision
clearance area shall be trimmed to meet the 2 Y2 - foot
,height prohibition in accordance with Section 4.2-130 of the
Springfield Development Code.
c. Parking lots shall be maintained 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.
e. 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.
6. Any Final Site Plan approval becomes null and void if
construction does not commence within two years of the date of
the agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this
Agreement as of the date first herein above written.
(Signature Sheets Attached)
DRC2008-00045 '
Date Received' '1l;)\o~
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APPLICANT
BY: Drew Baldwinl Emmit Prooerties LLC
Seotember 12. 2008
Date
Owner ~~~\\~()1\
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TITLE:
Before me:
,,_________._......_~---__---'_I
:1 " OFFiCiAL SEAL r
I , SANDRA MARX I
.' t. i NOTARY PUBLIC - OREGON r
,i ..... ..' COMMISSION NO. 385725 "
I' MY COMMISSION EXPIRES NOY. 12,2008 J
r_~.-.-..-.~?....".~.~.~,~-~-,_~....:~ "_'_ '="'~~ .
Notary Public for ~m,1AA1
My Commission eXPires:~
CITY
Seotember 12.2008
Date
BY: Lissa Davis
\~~l~
TITLE: Planner 2
S~GON' County of Lane
r/ ~" . 2008. Personally appeared the above named
MAfuJ ' who acknowledged the foregoing instrument to be
their voluntary act. , .
Before me:
-~ ~ - - - - ----..:;..~"..~~-~~~:~-.
f . OFFiCiAL SEAL
j , SANDRA MARX
j '-- j NOTARY PUBLIC - OREGON
j '." COMMISSION NO, 385725 ,
j MY COMMISSION EXPIRES NOY. 12, 2008 I
l:_______,_~~->.~., ..,.. ',: .u' ._. ..'_'_ '_'._-.-
Notary Public for Oregon
My Commission expires:
2tr~,'on /v1JI;
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DRC2008-00045
Date Reeeiverl" 11 \~.\ oR
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