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Home My WebLink AboutAgreement APPLICANT 7/17/2009 , ,. g Z II: ~ II: (!) Z o II: 8 w a: II: t 4( ,. . .: ,. SITE PLAN REVIEW DEVELOPMENT AGREEMENT T~ DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this fl day of. , 2009 (the "Effective Date") by and between the CITY OF SPRING IE~reinafter "City", and Dr. Mattox Purvis, 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 16th day of July, 2009, the City approved the Final Site Plan submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2009-00014--Type I Final Site Plan requesting approval to construct a 10,349 square foot dialysis clinic at 304 Q Street, Springfield, Oregon. The clinic will be built on two tax lots identified on the Lane County Assessor's Maps as 17 -03-26-24, TAX LOTS: 1500 and 1600. The property is zoned Community Commercial. WHEREAS, in consideration for a Type I Final Site Plan 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 Final Site Plan 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 Final Site Plan approval: A. All improvements must be constructed! installed as shown on the Final Site Plan prior to the final building inspection. B. The Applicant has made changes to the Final Site Plan which satisfied Conditions of Approval listed in the Tentative Site Plan. These conditions are not listed in this agreement since they are incorporated into the Final Site Plan. The remaining conditions listed below are those which were not met or which cannot be met prior to the completion of the project. The following conditions shall be fulfilled prior to final occupancy: 1) A more detailed maintenance plan shall be submitted for City (Public Works) approval. The maintenance plan shall name a responsible person or agent of the applicant who shall maintain the catch basin as specified in the FLOGARD documentation. ~ 2) The applicant shall secure an approved Drinking Water Protection (DWP) permit. Fresenius Medica! Care (Dialysis Clinic) Journal No. DRC2009-00014 Development Agreement A. Ju!y 16, 2009 f!/F ~ Page 1 of 4 Date Received: 7~ J7 - ').otJ'1 ,j Planner: MM ~ fttr (--, (' . . 3) The hazardous materials management plan (HMMP) submitted with the DWP permit application must address management of the sub-base fluid containment frame (i.e., protocol for detecting and removing leaked chemicals), procedures for operating shut-off valve, and placement and use of spill kits at generator area. 4) The proposed sub-base fluid containment frame for the generator unit will provide secondary containment for the fluids contained in the generator unit. Information provided by the frame manufacturer, Global Power Components, indicates that the frame will function as secondary containment only if the enclosure around the generator successfully prevents water from entering the area contained by the frame. As part of the DWP permit application review process, the applicant will need to demonstrate that the selected weather-resistant enclosure will prevent rainwater from entering the area contained by the frame. 5) The height of the sub-base fluid containment frame for the generator unit shall be at least six inches. 6) The site plan shows that the curbed area around the generator will drain to a storm drain in the southeast corner of the curbed area. To prevent potential spills from entering the on-site stormwater facilities, drainage for the curbed area should instead be provided through the curb onto the mulched area to the east. The drain/opening in the curb should be equipped with a manual shut-off valve to allow for rapid response to spills. 7) The concrete curbed area around the generator shall be sealed with a sealant that is compatible with the chemicals in the generator set (concrete impervious to potentially spilled materials). Information sheets for the selected sealant shall be submitted as part of the DWP permit application. 8) The vegetated swale shall be installed as soon as the construction schedule allows and properly nurtured and maintained to promote quick establishment prior to occupancy. If at occupancy the vegetation is not established, additional erosion control measures shall be taken per the Public Work's Department's Direction." This condition shall be met when verified at the completion of construction. 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. Fresenius Medical Care (Dialysis Clinic) Journal No. DRC2009-00014 Development Agreement July 16, 2009 Page 2 of 4 . . 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 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 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 approval 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. Fresenius Medical Care (Dialysis Clinic) Journal No. DRC2009-00014 Development Agreement July 16, 2009 Page 3 of 4 . . APPLICANT 7--/7- 0'1 Date BY: If)La~ .I. ~ p. BY: STATE OF OREGON, County of Lfl-tv'E.. '{ - t 7 ,2009. Personally appeared the above named flit L P un v 'j J""1l. , who acknowledged the foregoing instrument to be their voluntary act. Before me: . OfFICIAl SEAL KIM M KRAUSE NOTARY PUBUC. OREGON COMMISSION NO. 431295 MY COMMISSION EXPIRES AUG. 22, 2012 j(~. L-J/VL. Kr~ Notary Public for Oregon My Commission expires /J~q. ;(0( 5UJ (~ CITY '7/U( ZutJ1 Date . B~ STATE OF OREGON, County of L~ l-J"j 1AI' dO, 2009. Personally appeared the above named f\1cM'IL tVk r7A(/, who U~k;&vledged the foregoing instrument to be their voluntary act. Before me: -CJ~ Fresenius Medical Care (Dialysis Clinic) Journal No.. DRC2009-00014 Development Agreement July 16, 2009 A ~ OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO, 420351 MY COMMISSION eXPIRES AUG, 15,2011 Page 4 of 4 ~p; . OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC. OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 . . My Commission expires ?1/5 Iff I f Fresenius Medical Care (Dialysis Clinic) Journal No. DRC2009-00014 Development Agreement July 16, 2009 Page 5 of 4 Date ReceiVed; Planner; MM