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HomeMy WebLinkAboutAgreement APPLICANT 11/26/2008 ~? . . ~. ~ DEVELOPMENT AGREEMENT SITE PLAN REVIEW # DRC2008-00039 This DEVELOPMENT AGREEMENT, hereafter "Agreement"," entered into this 18th day of November, 2008 (the "Effective Date") by and b,etween the cm OF SPRINGFIELD, hereinafter "CITY", and Stuart E. "Corky(' Gourley, hereinafter "Applicant", memorializes compliance with the Decision and Conditions of Tentative Approval for City Planning File DRC2008t00039 and constitutes Final Site Plan and Development Approval in accordance with l' 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 Apprbval shall be considered Finaled. RECITALS WHEREAS, on the 18th day of November, 2008, the City ~pproved the Final Site Plan application submitted by the Applicant for the purpose of the following: " CITY JOURNAL NUMBER DRC2008-00039. Type 2 Site Plan Review Application requesting approval for parking lot improvements o~ property zoned Low Density Residential (LDR) and High Density Residential (HDR) in the City of Springfield. The development site is located at 1310' Market Street. Development approval is subject to compliance with thekonditions of Site Plan Approval contained herein and limited to the' use and improvements reviewed. . I ". WHEREAS, in consideration for'Type 2 Site Plan Review Application approval, Applicants agree to remain in compliance with the afo'rementioned Decision, all of the standards in the Springfield Development Cc~de 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 Site Plan Review, the Applicant has submitted final site plan complying with the following condition~ imposed by the City as part of the Minimum Development Standards appro~al: , 1. Prior to occupancy, the applicant shall plant a minimum of three street trees in the right-of-way east of the property. New street trees shall be selected from the List of Acceptable Street Trees for planter strips With!;overhead power lines as listed in the EDSPM, and the new street trees shall be ~~ \-i2 c,-- \ v--1 MOoLJ '\\~U(Ob 0' 1\"0-- Page 1 of7 . . installed as specified in the EDSPM. All tree nursery tags identifying the type of street tree shall remain on the street trees until Final Site PI~n approval. 2. Prior to Final Site Plan approval, the applicant shall update the plan set submitted with this application to show the size and location of all existing sanitary sewer facilities on and adjacent to the site, as well as 'existing private utility easements, in conformance with SDC 5.17-120 E. In the event that no private utility easement exists for the sanitary sewer lateral serving Tax Lot 8200, prior to Final Site Plan approval, the applicant shall recdrd and document on the Final Site Plan a private sanitary sewer ease:ment over the portion of the sanitary sewer lateral serving Tax Lot 8200 that 'crosses Tax Lot 8300. I: i: 3. Prior to occupancy, the applicant shall install the sanitary sewer lateral to the solid waste storage area as depicted on the tentative plan. N0TE: Plumbing permits are required to install private sanitary sewer laterals. i: !, " 4. Prior to Final Site Plan approval, the applicant shall update th~ plan set submitted with this application to show the size and location of all existing stormwater facilities on and adjacent to the site in conformanc'e with SDC 5.17-120 E. I! I' 5. Prior to Final Site Plan approval, the applicant shall relocate ttie proposed new stormwater lateral connection point to the west of the existing catch . basin, showing the connection at the property line instead of in the right-of- way. In addition, prior to occupancy, the applicant shall installlthe proposed stormwater management system as depicted on the Site Plan! NOTE: Plumbing permits are required to install private stormwater laterals. . ~ " 6. Prior to occupancy, the proposed swale shall be fully vegetated with all plant species established to ensure a fully functioning water quality 'system. Alternatively, the applicant shall provide and maintain addition'al interim erosion control I water quality measures acceptable to the Public Works Department that will suffice until such time as the swale becomes fully established. I' 7. Prior to Final Site Plan approval, the applicant shall update the plan set submitted with this application to show the type, size, and location of all existing and proposed utilities on and adjacent to the site, as livell as existing private utility easements, in conformance with SDC 5.17-120 E. In the event that no private utility easement exists for the utility lines serving Tax Lot 8200, prior to Final Site Plan approval, the applicant shall record and document on the Final Site Plan a private utility easement over the portion 6f the utility service lines serving Tax Lot 8200 that cross Tax Lot 8300. I: !' 8. Prior to occupancy, all utility lines to serve the site shall be installed underground in conformance with SDC 4.3-125. i: 9. Prior to Final Site Plan approval, the applicant shall update the plan set submitted with this application to show the size and location of all existing Page 2 of7 . . and proposed water mains and service lines on and adjacent to the site in conformance with SDC 5.17-120 E. 10. Prior to Final Site Plan approval, the applicant shall record and document on . the Final Site Plan a seven-foot PUE along the Centennial Boulevard and Market Street frontages of the site. 11. Prior to occupancy, the applicant shall install the required parking lot planting areas and irrigation system as proposed on the tentative plan. 12. Prior to Final Site Plan approval, the applicant shall indicate on Sheet 5 of the plan set (garbage detail) that the cedar fence boards proposed to screen the trash/recycling area will form a uniform sight-obscuring screen, and the applicant shall provide sight-obscuring cedar fence doors on the south side of the trash enclosure. In addition, prior to occupancy, the applicant shall install the vegetative and structural screening of outdoor mechanical devices and trash receptacles as approved on the Final Site Plan in conformance with SDC 4.4-110. 13. Prior to occupancy, the applicant shall either remove light 'B' from the site or replace the existing light with an approved light as shown in SDC 4.5-110, Figure 4.5-A. 14. Prior to occupancy, the applicant shall install wheel bumpers or curbs for all parking spaces on the site in conformance with SDC 4.6-120 C. 15. Prior to Final Site Plan approval, the parking plan for the site shall be updated to show a parking space designated for disabled persons in compliance with Section 1104 of the Structural Specialty Code. 16. Prior to Final Site Plan approval, the plan for the existing parking area shall be reconfigured to enable adequate access to and from the proposed new parking area, trash/recycling area, and bicycle parking while still providing a minimum of ten parking spaces on the site in conformance with SDC 4.6-125. 17. Prior to Final Site Plan approval, if the total number of parking spaces is reduced from the current proposed 13 spaces, the number of compact parking spaces shall likewise be reduced to comply with SDCA.6-120 G. 18. Prior to occupancy, all old striping of parking spaces on the site shall be removed if replaced by new striping. 19. Prior to Final Site Plan approval, the applicant shall indicate what type of bicycle parking is proposed for the site. In addition, prior to Final Site Plan approval, the applicant shall demonstrate that the bicycle parKing area will be separated from vehicular movement in the driveway abutting the bicycle parking area by a barrier or curb to prevent damage to parked bicycles. 20. Prior to Final Site Plan approval, the applicant shall indicate on the plan set the purpose and location of the private parking easement and, maintenance agreement listed on the title report. Page 3 of7 . . 21. Prior to Final Site Plan approval, the applicant shall update the landscaping plan to show additional trees and/or shrubs in the existing planting strip abutting Market Street near the northeast corner of the property to screen existing parking spaces on the site from public view in conformance with SDC 4.7-190 C. 22. Prior to use or delivery to the subject property, the contractor and all subcontractors working on the proposed development shall provide the applicant's engineer with copies of Material Safety Data Sheets (MSDS) for all hazardous materials proposed for use on-site. Based on the submitted MSDSs, the applicant's engineer shall determine whether or not the products contain DNAPLs. The applicant's engineer may contact the SUB Water Quality Protection Coordinator at 541-744-3745 with any questions regarding evaluating products for DNAPLs. In addition, a copy of the MSDSs for all hazardous materials used on-site shall remain on the site as required by law. 23. All uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited during construction and operations of the site. . 24. During site development, contractors and developers shall be responsible for the safe handling and storage of chemicals, petroleum products, and fertilizers, as well as the prevention of groundwater and stormwater runoff contamination. Hazardous materials used during construction, including paint and cleaning materials/waste, shall not enter the soil or be washed into the stormwater system. All hazardous materials shall be stored in adequate secondary containment. 25. During site development, precautions shall be taken to prevent f1uid- containing equipment located outside from leaking, including providing a dedicated area for fueling and maintenance of equipment. Such an area shall be prepared and maintained to prevent spills or leaks from migrating to the soil or stormwater system. 26. Prior to occupancy, stormwater catch basins receiving surface run-off from the site shall be equipped with oil-water separators. 27. No fill materials containing hazardous materials shall be used on the subject property. 28. If applicable, hazardous materials stored outdoors, such as fertilizers or pesticides, shall be covered and placed in secondary containment. 29. Prior to Final Site Plan approval, temporary wellhead protection signage in conformance with SUB standards shall be placed on the site to alert contractors and subcontractors to call 911 in the event of a release of hazardous materials. In addition, prior to occupancy, the applicant shall install permanent wellhead protection signs at the trash/recycling enclosure and in the parking lot areas to alert employees and customers to call 911 in the event of a release of hazardous materials. Signs may be field-located Page 4 of7 . . with review staff during site inspections. Call 744-3745 to purchase signs from SUB. 30. Vision clearance areas shall be maintained at each access to a public street and at the corner of the subject property as per SDC 4.2-130. All improvements shown on the Final Site Plan shall be co'nstructed, installed or guaranteed in accordance with security and/or bonding procedures of SDC Section 5.17-100, Site Plan Review. 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. 2. STANDARDS. The applicant shall comply with all standards listed in the RECITALS prior to the occupancy or use of the site unless 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 iater date in accordance with Section 5.7-150 of the Springfield Development Code. 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 DRC2008-0b039, 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 Page 5 of7 . . clearance area shall be trimmed to meet the 2 V2 - 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) Page 6 of? . . APPLICANT B~~C ~ Date: 11/2-6/';<=6 Title: Owner STATE OF Oreaon, County of Lane, NIJ'{.ff>11yA the above named 0h,tA-~ + Col"'''-' (1~ foregoing instrument to be their voluntary ct. Before me: ~ ~~ ()(", ,2008, Personally appeared , who acknowledged the ."-".....""".:.......c"'...,,.. . OFFICIAL SEAL ) _ /,,_ DEYETTE KEllY N tary Public for ~ I cO ' NgJ~~itsyg~I~O~~~5~N Y Commission expires: <J/ /5/11 MY COMMISSION "~PIReSAUG, 15, 2011 ) , ~ ~ CITY BY: Lissa Davis IJ<. ~ ~WJI,i,Title: Planner 2 Date: I ( I;:; [o[ DB STATE OF OREGON, County of Lane IlliVYn~ :2~ ,2008, Personally appeared the above named LisSA. tnVI ~ ,who acknowledged the ' foregoing instrument to be their voluntary act. Before me:' CxF ~ Notary Public for Oregon My Commission expires: <I /1") I/J J ' , OFFICIAL SEAL DEYETTE KEllY NOTARY PUBLIC - OREGON COMMISSION NO, 420351 MY COMMI6BION eXPIRES AUG. 15, 2011 "Page 7 of7