The URL can be used to link to this page

Home My WebLink AboutAgreement APPLICANT 3/27/2009 i ,- SITE PLAN REVIEW DEVELOPMENT AGREEMENT ....... _ -<tic This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this ~&, day of H AI'"ULi VU , 1998 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and t \(") f:.I- IV -J /;9s If - - c hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3) and 3.100(3). RECITALS WHERE,tl,S, on the 26th day of February, 1998, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER 97-07-165. Type II Site Plan Review Application requesting approval to construct an industrial storage facility on a partially developed site. The property is located 2187 S. 'F' Street, Tax Lot #3800 on Lane County Assessor's Map 18- 03-01. The property is zoned Heavy Industrial by the City of Springfield. WHEREAS, in consideration for a Type II Site Plan Review Application 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 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. 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 . All landscape, storm water bio-swale and Phase 1 improvements must be constn.ictt:dl installed as shown on the Final Site Plan prior to final building occupancy of Phase 1 structures. No building permits will be issued for Phase 2-5 new construction until the Phase 1 storm water bio-swale system is provided an overflow pipe and outfall structure constructed in accordance with the approved final site plan and all applicable state, local and federal permit procedures. 2. All conditions specified in the Notice of Decision must be fulfilled: 1) The Final Site Plan must be revised to show tentative location and phasing of lateral water and electrical services. New electrical services must be extended undergrounq from existing services in accordance with SDC 32. 120. Planning Journal #97-07-165 Development Agreement 2 2) A 7 foot wide public utility easement is required along F Street frontage of the subject site. The easement must be submitted for review and filing by the City with , ' a check to cover filing costs. 3) The Final Site Plan must be revise to show the location of a second fire hydrant or waterlines extendedto serve a sprinkler system as required by the Fire ,and Life Safety Division. 4) The Final Site Plan must be revised to show a private sanitary sewer easement if theproposed system is connected to the manhole on abutting property to the east. The easement must be submitted for review by the Public Works Engineering Division prior to filing at Lane County Deeds and Records Office. ' 5) The Final Site Plan must be revised to show all underground tanks and indicate their use or timing of removal. 6) In accordance with SDC 31. 140, the front setback landscaped area must be constructed or bonded for the full length of the site before any occupancy is issued for Phase I. 7) The Final Site Plan must be revised to provide ADA accessible parking in accordance with SDC 31. 1BO. B) The Final Site Plan must be revised td relocate proposed dumpster enclosures or enlarge circulation areas between proposed structures and property lines. 9) The Final Site Plan must be revised to delete the east driveway access point and extend landscaping and drainage improvements to the east property line in accordance with SDc 31.070. 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 31 .080 of the Springfield Development Code. 2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and t~e specific standards listed in the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.110 of the Springfield Development"Code. ! ~/ Planning Journal #97-07-165 Development Agreement 3 3. CONDITIONS. The 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 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) Oil/water separator catch basins, if approved by the City, and other' drainage systems are required to be checked and cleaned to remove pollutants as needed (at least once a year, usually in September). All waste material must be disposed of in a lawful manner. :The ownerldeveloper must document the maintenance activitieS at the site and to have the documents available on site for the City of Springfield to inspect and review. (e) 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 ~e used for' parking. (f) Site drainage must drain to an approved drainage way with sufficient capacity to accept the discharge. Surrounding property drainage, which drains onto the newly developed property, must be incorporated into thegrading and drainage plan. 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 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. . , / . . / Planning Journal #97-07-165 Development Agreement 4 7. Any Final Site Plan approves becomes null and void if construction does not commence within one year 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. THE APPLlCANTlS): 'p-J:! 6-:-- ()&- Date r,.}-;JJ~ tyV ,.-" STATE OF OREGON, County of . P&'8RuA1/.'" . 1998. :\""A.J . ,I. AS'/-I to be their voluntary act. Before me: LAME: Personally appeared the above named , who acknowledged theJoregoing instrument '.' .'" ...... OFFICIAL SEAL DENNIS P ERNST NOTARY PUBLIC - OREGON COMMISSION NO. 052816 MY CllMMlSSION EXPIRES APRIL 20. 2000 -~ Notary Public for Oregon My Commission expires ~lp)ZlL 20, lOPC/ , WITNESS FOR THE CITY: ~h,;;A8 Dale' . t' / //~~ STATE OF OREGON, County of F="E l5Iw"'~"of , 1998. :1........"'0<; P. ,DMU"vA A.J to be their voluntary act. LA~t:: Personally appeared the above named , who acknowledged the foregoing instrument Before~d- . OFFICIAL SEAL . DENNIS P ERNST , , : NOTARY PUBLIC - OREGON " '" .J" COMMISSION NO. 052816 MY COMM~lION EXPIRES APRIL 20. 2000 . Notary Public for Oregon My Commission expires ~ IL 2r'J. Z6~