HomeMy WebLinkAboutAgreement PLANNER 10/1/2008
~ SITE PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement", is ent~red into this / 7 ~
day of 5~t,...U1 b e..r , 2008 (the "Effective Date") by and between the CITY OF
SPRINGFI D, hereinafter "City", and Jerry's Building Materials, Inc., hereinafter
"Applicant", in accordance with Springfield Development Code (SDC) Sections 5.17-145, 5,17-
130,5,17-140, and SDC Section 5,1-130 (D),
RECITALS
WHEREAS, oh the 3rd day of September, 2008, the City approved the Major Site Plan
, Modification Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2008-00047. Type II Major Site Plan Modification requesting
approval to redevelop a portion of the Jerry's Home Improvement Center to add additional retail
space; to redevelop a portion of the adjacent Wilco building to construct warehouse space; and
to construct a new drive-through sales area in an area this is now a parking area, Two
properties are involved in the application, The properties are located between on Olympic
Street between 21st and 28'h Streets. The properties are identified on the Lane County
Assessor's Maps #17-03-25-00 Tax Lot 802 and 17-03-25-43 Tax Lot 8000, The properties are
zoned Major Retail Commercial by the City of Springfield.
WHEREAS, in consideration for a Type II Major Site Plan Modification approval, the
issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 5,17-140, Applicant agre.es, to comply with all of the
standards in the Springfield Development Code, Springfield Public Works Engineering Design
Manual and the Springfield Municipal Code which may be applicable to this development project
unless modified or excepted by the Site Plan Review DevelopmentAgreement, 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 this Major Site Plan Modification approval, the issuance
of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Spririgfield
Development Code Section 5,7-140, Applicant agrees to comply with the following specific
conditions imposed by the City as part of the Major Site Plan MO,dification approval:
A All improvements must be constructed/ installed as shown pn the Final Site Plan prior to the
final building inspection,
B. All of the conditions specified in the Notice of Decision will be fulfilled prior to final
occupancy:
Condition # 1. A stop sign (R1-1 as described in the MUTCD) shall be added to the driveway
at the northwest corner of the property where the frontage road connects to 21s' Street. The
sign shall' be located to the, north of the driveway within the right of way of 21." Street.
Journal No. DRC2008-00047 Development Agreement
August 26. ,2008
Date Received'
Planner: MM
Page 1 of 4
, 16-I-Z-.07:>'6
fa- 1-1
Condition #2. Each stormwater catch basin serving the proposed drive-through sales shall be
designed to provide required pretreatment of all collected runoff,
Condition #3. The applicant shall provide a Knox keyed gate for the sliding electric gate and a
public works locks for manual swing out gates on the new drive-through sales area,
Condition #4. The applicant shall prepare Joint Use Parking Agreement that is consistent with
the provisions of SDC Section 4.6-110 E 1-3 and record that agreement at lane County Deeds
and Records at the applicant's expense,
Condition #5. The loading dock drainage system shall be designed with emergency valving to
prevent the accidental discharge of hazardous materials. If the loading dock is not equipped'
with emergency valving, the drain will need to be covered with a mat during all loading and
unloading of.hazardous materials,
Condition #6. Wellhead protection signs be placed temporarily on the site during construction
and permanently at the loading dock and entrance to the new drive-thru sales area to alert
contractors, subcontractors, employees, and others to the importance of reporting and cleaning
up any spills, Please, contact Amy Chinitz (541-744-3745) to purchase signs from SUB at the
cost of $15/sign
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 5.7-135 of the Springfield Development Code,
2, STANDARDS, The applicant agrees to.fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to the
occupancy, unless certain conditions have been deferred to a later date in accordance with
, Section 5.17-150 of the Springfield Development Code.
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 SDC Section 5,17-150 of the Springfield
Development Code.
4. MODIFICATIONS, The Applicant agrees n9t 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 5.7-145 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 4.4-100 through 4.4-105 of the Springfield Development Code in
an attractive manner free of weeds and other invading vegetation. In addition, plantings in the
Journal No, DRC2008-00047 Development Agreement Page 2. of 4 ,
August 26, 2008
vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance
with SDC Section 4,2-130 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) 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, .
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 Appli'cant's Final
Occupancy Permit, and terminating any Temporary Occupancy Permit which may have been
granted,
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 f-greement as of the date
first herein above written,
.}y~~ 10 ~oB
Date
A~T
, BY~~~ - L~
t+eSrd-ewl-
..
BY:
STATE OF OREGON, County of
~ t)\;. \L, 2008. Personally appeared the above named \}l4.t^.u.
~~owledged the foregoing instrument to be their voluntary act. Before me:
lAUAt
lOr tvV\ who
~~~
, ~ C,./
r:- ";:.--'''' ...... OA:Ic.Al5EAr-''- -... "'~ Notary Public for Qregon
~. ,L,!'ll! A9RAnFOI!D My Commission expires 5M-- :J') ')g../'IA
'.. i NOTARYPiJBlIC.O':,GON ,- I J'~
'"" ",/ COMMISSION NO, 397462
,-:- _ _~~~ISSION~eJ!lfJi~'1fMBS[l?9,~OD9'; ,
- -....---- ~,
Journal No, DRC2008-00047 Development Agreement
August 26, 2008
Page 3 of 4
o
/
CITY
6J--vP""'- ~ ~$
Date
STATE OF OREGON, Countyof ~
fJ1}. /, ,2008, Personally appeared the abovenamethuvJ!-111.Ri1../r ,who
acknowledged the foregoing instrum t to be their v ta act. Before me: '
. ' OfFIcW. llEAI.
DEMDA .I0NES
NOTARY PUILIC . OREGON '
. COMMISSION NO. 429141 .
MY COMMISSION "'.''''''''' MAY 17.2012 .
, '----- ofi.'J!,A/
Notary Public for Oregll , '
My Commission expires ~ ~ ..J...f) / Y
"
Journal No. DRC2008-00047 Development Agreement
August 26, 2008
Page 4 of A
,~
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agr;ement", is entered into this ~ 'It,
day of. 5~f"'U1 h ~ ,2008 (the "Effective Date") by and between the CITY OF
SPRINGFI D, hereinafter "City", and Jerry's Building Materials, Inc., hereinafter
"Applicant", in accordance with Springfield Development Code (SDC) Sections 5,17-145, 5.17-
130, 5,17-140, and SDC Section 5.1-130 (D),
RECITALS
WHEREAS, on the 3rd day of September, 2008, the City approved the Major Site Plan
, Modification Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2008-00047, Type II Major Site Plan Modification requesting
approval to redevelop a portion of the Jerry's Home Improvement Center to add additional retail
space; to redevelop a portion of the adjacent Wilco building to construct warehouse space; and
'to construct a new drive-through sales area in an area this is now a parking area, Two
properties are involved in the application. The properties are located between on Olympic
Street between 21st and 28th Streets, The properties are identified on the Lane County
Assessor's Maps #17-03-25-00 Tax Lot 802 and 17-03-25-43 Tax Lot 8000, The properties are,
zoned Major Retail Commercial by the City of Springfield,
WHEREAS, in consideration for a Type II Major Site Plan Modification approval, the
issuance of a Building Permit, and the issuance of an Occupancy Permit, as,specified in the
Springfield Development Code Section 5,17-140, Applicant agrees to comply with all of the
standards in the Springfield Development Code, Springfield,Public Works Engineering Design
Manual 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 this Major Site Plan Modification approval, the issuance
of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 5,7-140, Applicant agrees to comply with the following specific
conditions imposed by the City as part of the Major Site Plan Modification approval:
A All improvements must be, constructed! installed as shown on the Final Site Plan prior to the
final building inspection,
B. All of the conditions specified in the Notice of Decision will be fulfilled prior to final
occupancy: '
Condition # 1, A stop sign (R1-1 as described in the MUTCD) shall be added to the driveway
at the northwest corner of the property where the frontage road connects to 21st Street. The
sign shall be located to the north of the driveway within the right of way of 21st Street.
Journal No, DRC2008-00047 Development Agreement
August 26, 2008
Date Received'
Planner: MM
F'age 1 of 4
BtJ?A (oft! 1-or/f
ft '/-'/
',z.
Condition #2. Each stormwater catch basin serving the proposed drive-through sales shall be
designed to provide requir~d pretreatment of all collected runoff. '
Condition #3. The applicant shall provide a Knox keyed gate for the sliding electric gate and a
public works locks for manual swing out gates on the new drive-through sales area,
Condition #4. The applicant shall prepare Joint Use Parking Agreement that is consistent with
the provisions of SDC Section 4.6-110 E 1-3 and record thatagreement at lane County Deeds
and Records at the applicant's expense,
Condition #5. The loading dock drainage system shall be designed with emergency valving to
prevent the accidental discharge of hazardous materials. If the loading dock is not equipped
with emergency valving, the drain will need to be covered with a mat during all loading and
unloading of hazardous materials.
Condition #6. Wellhead protection signs be placed temporarily on the site during construction
and permanently at the loading dock and entrance to the new drive-thru sales area to alert
contractors, subcontractors, employees, and others to the importance of reporting and cleaning
up any spills. Please contact Amy Chinitz (541-744-3745) to purchase signs from SUB at the
cost of $15/sign
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOllOWS: '
1, FINAL S,ITE PLAN. The Applicant has submitted a Final Site Plan in accordance with
Section 5.7-135 of the Springfield Development Code. '
2. STANDARDS, The applicant agrees to fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to the
occupancy, unless certain conditions have been deferred to a later date in accordance with
Section 5,17-150 of the Springfield Development Code,
3. CONDITIONS. The applicant agrees to fulfill all specific conditions of approval
required by ttie City listed in the RECITALS prior to occupancy, unless certain conditions have
been deferred to a later date in accordance with SDC Section 5,17-150 of the Springfield
Development Code,
r 4, MODIFICATIONS, The Applicant agree,s 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 5,7-145 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 4.4-100 through 4.4-105 of the Springfield Development Code in
an attractive manner free of weeds and other invading vegetation. In addition, plantings in the
Journal No, DRC2008-00047 Development Agreement Page 2 of 4
August 26, 2008
~
'"
vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance
with SDC Section 4,2-130 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) 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.
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.
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,
.Jy/~ 16 ~og
Date
A~T
BY:~~~
---ft-eSrd('wf-
BY:
STATE, OF OREGON, County of
.fa. t>\:. \L, 2008, ' Personally appeared the above named \)11.l^ U
a~~owledged the foregoing instrument to be their voluntary act. Before me:
lAW,
~.eM who
~ -
!,., -~,..~ ... ~ ~ .,....."... _' _ _ \ Notary Public for Oregon
;.' --' 0FFiCIAlSEAI. ~
r F?i'clj>~; L!'m A, ~~AnF~."!' J My Commission expires C" yJ..
J \. /NOTARY PuBLiC- O:"",ON ---"'1"
I ".. /' COMMISSION NO, 397462 "
02.::.::.::!~~~~~~S~J:EMBffl ?o,,~oa::; ,
::v~
I
Journal No, DRC2008-00047 Development Agreement
August 26, 2008
~
Page 3 of 4
'.'
CITY
6J--~ I, Zcwff
Date
STATE OF OREGON, County of lutu
f))}, (, ,2008, Personally appeared the above namethwMt.111.e;11./,;t/ ,who.
acknowfedged the foregoing instrum t to be their v ta act. Before me: ()
. 'OfFICU\l. lIEAI. '
, ' IRENDA JONES
, NOlAR'( PII8UC . OREGON
COMMISSION NO. 4291.1
M'f COMMISSION EXPIIlES MAY 17.2012
, . .'
, '-----Off 'l!.A /
Notary Public for Oregv' .
My Commission expires ~ '01 .J.-() / ;y-
Journal No, DRC2008-00047 Development Agreement
August 26, 2008
Page 4 of 4