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Home My WebLink AboutAgreement APPLICANT 11/5/2008 DEVELOPMENT AGREEMENT MINIMUM DEVELOPMENT STANDARDS # DRC2008-00064 This DEVELOPMENT AGREEMENT, hereafter "Agreement", entered into this 4th day of November, 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "CITY", and Chris Stewart/Stewart & Sons Enterprises, Inc, hereinafter "Applicant", memorializes compliance with the Decision and Conditions of Tentative Approval for City Planning File DRC2008-00064 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 4th day of November, 2008, the City approved the Minimum Development Standards application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2008-00064. Type 1 Minimum Development Standards Application requesting approval to replace an existing 112 square foot coffee kiosk with a 353 square foot prefabricated coffee shop on property zoned Community Commercial (CC) in the City of Springfield. The development site is located at 4211 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 De[.J;...-~~Jed: Standards approval: PIann8r: "W 'Id s;-'IQI? DaJ~~ DRC2008-00045 Page 1 of5 A. A 5-foot wide landscaped planter strip, including street trees, with approved irrigation or approved drought resistant plants as specified in Sections 4.4-100 and 4.2-140 shall be installed between the sidewalk and parking areas or buildings. B. Trash receptacles and outdoor storage areas shall be screened by a structure or enclosure permanently affixed to the ground as specified in Section 4.4-110. C. Bicycle parking spaces shall be added to meet the numerical standards for the appropriate use or upgraded to meet the standards specified in Sections 4.6-140, 4.6-145 and 4.6-155. D. Parking and circulation areas shall be paved and striped and wheel stops installed as specified in Sections 4.6-100 and 4.6-120. Required paving and other impervious surfaces on the site shall comply with on-site stormwater management standards as specified in Section 4.3-110 for required parking, circulation area and storage area impervious surfaces only. E. Access to the publiC right-of-way shall comply with Section 4.2- 120. F. Concrete sidewalks shall be installed where the site abuts a curb and gutter street as specified in Section 4.2-135. G. Streetlights shall be ins,talled as specified in Section 4.2-145. H. The development shall connect to public utilities as specified in - Sections 4.3-105,4.3-110 and 4.3-120 and comply with the Springfield Building Safety Codes, where applicable. Easements may be required as specified in Subsection 4.3-140. 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. ~ . . II slot(' STANDARDS. The applicant shall comply with all sta ~~Wi' ' in the RECITALS prior to the occupancy or use of th=filess:zt -, .--1 a~f'"rJHo> 2. DRC2008-00045 Page 2 of5 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. 8. DRC2008-00045 1. Submit a complete landscape plan showing existing landscaping as well as replacement landscaping. 2. Provide a sanitary sewer line to the covered trash enclosure and ensure that the trash enclosure is hydraulically isolated. 3. The existing catch basin shall be retrofitted with a city approved stormwater filter insert and a maintenance agreement put in place to provide for the ongoing maintenance of the filters. 4. The Final Site Plan shall show relocation of the trash enclosure and pedestrian access leading from the Main Street sidewalk to the coffee kiosk constructed per ADA requirements. 5. Final Site plan shall be designed to provide for the required 70 foot service lane for the drive-up window on the north side of the kiosk. Please use shading to show the location of the service lanes. Please provide dimensions for the service lanes (width and length). 6. Final Site plan shall show where four vehicles will be able to be accommodated waiting for the south service window so that vehicles will not block access to parking or drive aisles. 7. Final Site Plan shall show all proposed on-site pavement markings (arrows etc...). Final Site plan shall show the relocation of the proposed pedestrian path adjacent to the service aisle. Staff recommends that the path extend through the patio area and cross the service aisle at a perpendicular angle. Date Received: (I {-c; f 08 Planner. Li:J Page 3 of 5 ~.~ 9. Prior to Final Site Plan approval, applicant will obtain from ODOT either a valid Approach Permit or written documentation that the existing Permit is still valid. 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 DRC2008-00045, 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 2 112 - 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: It! S ~O?: __ _ -/J-- Planner. t1J Ow. ~ Page 4 of ~ ----- APPLICANT BY:C h', 2\f-tplr(1)- DATE: /1-05--09) Title: Owner u STATE OF OREGON, County of Lane, II/fJ!5' .2008, . I - Before me9vt~'Jn/J.f' personally appeared [/!It/.1 3tn-)JdJl;t who acknowledged the foregoing instrument to be their voluntary act. BEFORE ME:S1MAA~ 'x-" AANJ . -,VVjllvvi __......___....__+~-_'-_.~\-._-_ . . "_.oJ f) .. . Yf. OFFICIAL SEAL ! Notary Public for ~I . SANDRA MARX ' . . /' I -__ i NOTARY PUBLIC - OREGON j II /) -, t1 . '. .... ...~ coJ~~~~~~x~~~i~~~512. 2008, ,!. My Commission expires: 1/ /, L- () · I j ,.~-------"--:>-~~----"",,,. BY: Lissa Davis Title: Planner'I! DATE: lllst Oft, CITY ~~~& . STATE OF OREGON, County ofLane /15 ,2008. Before m:;1.U;t4...6n ANI, personally appeared fI;f~AJ-kJ who acknowledged the foregoing instrument to be their voluntary act. . BEFORE ME: ~A~ Notary Public for:~/ D~PyL- My Commission expires: //1 ~/ 0 '6 .r. . -.-.. -..------------'~ ~---.,..- . ------- . OFFICIAL SEAL I j . SANDRA MARX , \. j NOTARY PUBLIC - OREGON I , --... COMMISSION NO. 385725 i tb.- ._.~LC2~.~~~~ ~~R~S_~9~;_~2: 2g0~ ! Date Received: Planner: lj). td ~( 08 ~.._-_. b0f)5