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HomeMy WebLinkAboutAgreement PLANNER 5/11/2009 . Ii '! " ..I City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 -'-;'~ MINIMUM DEVELOPMENT STANDARDS Development Agreement " I, 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC and the specific standards listed in the RECITALS prior to the use of the new facilities:' 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in the REqT ALS prior to use of the new facilities, unless certain conditions have been deferred to a later date in accordance with SDC 5.17-150 as noted below:. ' , Condition 1: The applicant has not proposed any landscaping with this project. iThe final plot plan must show planting in compliance with this section. SDC 4.2-130 prohibits any physical obstruction over 30" tall , in a 25 foot vision clearance triangle at the intersection of any street and 10 feet ~~ th,ifTe;jection of any driveway." ,.. ,. , . .. Date Receive<1,: nil i~.A ~ ^. ~ n A.f) . Planner: (J) :' v_v-::r'-- . ~r i,~ ,.' ,~ -, .' r.. ~;r _ , Condition 2: The outdoor storage yard shall be screened so that it p,uvides uniform sight obscuring screening.on all sides, ' 1" I " ' Condition 3: Striping and wheel bumper placement shall conform to SDC 4.6-115 and shal,l be located on the subject property. ,. 'i " , Condition 4: Prior to City approval, the applicant shall submit a complete water quality bioswale detail showing conformance with code, Detail shall include swale geometry as well as ~roposed seed mix for the private vegetative water quality swale. The seed mix shall meet the requirement~, of the City's interim design standards as required in Section 3.02 of the EDSPM. The City of Portland stormwater management l' manual may be referenced for design. " . ~ Condition 5: The applicant shall contact ODOT and either: 1) Obtain ,an accessiipermit for the Main Street driveway and eliminate the most southeasterly parking stall in order to provide an 18 foot driveway throat as per SDC 4.2.2) close the access to Main Street by restoring the curb and side~alk facility after obtaining a no-fee miscellaneous permit required to work within ODOT right-of-way. (ODOT will provide specifications and standard drawings). Within this configuration, the southeasterly parking stall may be retained, but would need to be marked "compact" to maintain conformance with SDC 4.6-115. * In either case, the applicant must provide evidence to the City of ODOT's permit/decision. To obtain an access permit, the applicant shall provide engineered proof showing the access is necessary for the site function and circulation. ':, NOTE: Evidence of the ODOT decision must be submitted to the City prior to use of the new facilities. . ! , 4. MODIFICATIONS. The Applicant agrees not to modify the approved Final PI6t Plan without first getting approval from the City. : 5. MAINTAINING THE USE. The Applicant agrees to the following: 'I I. . I! a. The buildings and site shall be maintained in accordance with the provisi9:ns of the SDC in .order to ~~~~'i " b. It shall be the continuing obligation of the property owner to maintain the planting required by the SDC in an attractive manner free of weeds and other invading vegetation. I . Ii c. Undeveloped land within the development area, if any, shall be maintained free of trash and stored materials and kept in a mowed and attractive manner. Undevelop~d land shall not be, used ~~~~. I , ]1 d. 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 maintainj'conformance with the SOC. ' 7. In addition to all other remedies which may be provided by law or equity (incl~ding but not limited to penalties provided by applicable State Law or City Ordinances), the Applicanfagrees that the City may enforce the Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and terminating any Temporary Occupancy Permit which may have been granted:: 8. Any Final Plot Plan approved becomes null and void if construction does not Jommence within 90 days of the Tentative MDS Decision. ]i , Date Received: ~llt \en ! " . n,J\ Planner.LD On~ ~/ ~~ 2013 ~l " IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written, : APPLICANT By: SUVf~ O-S 0 t,O fL.e.t/"" Date STATE OF OREGON, County.of Lane, ,2009. Personally appeared the above named of , who acknowledged the foregoing instrument to be his voluntary act. Before me: Notary Public for Oregon My Commission Expires PROPERTY OWNER S/)//Ol ! bate 6fjJ1p~ Cr>> i~topt'"J , , ,~., :vhi\lI.{J STATE OF OREGON, County of Lane, rn~, 2009, Personally appeared the above named of , who acknowledged the foregoing instrument to be his voluntary act. Before me: . OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION eXPIRes AUG. 15, 2011 ~jJl:tbv fit fY Notary $>ubiic for Oregon U My Commission Expires g jJ5/11 CITY OF SPRINGFIELD <s1'11 0'1 Date By: JJ ~SA Dov I ~ STATE OF OREGON, County of Lane, fY)a;.j( II ,2009,' Personally appeared the above named, ' Development Services Department Plann~r LiltiDavis, who acknowledged the foregoing instrument to be his voluntary act. Before me: ~~ .f:j Jffi/ ' Notary PiJblic for Oregon U . OFFICIAL SEAL DEVETTE KELLY \ ' NOTARY PUBLIC-OREGON COMMISSION NO, 420351 MY COMMISSION EXPIRES AUG. 15, 2011 L. _...,-'- .~,-~ - . , My Commission expires ? liS!! ( Date Received: Planner: W fi'OAJ 3013