HomeMy WebLinkAboutAgreement APPLICANT 11/26/2008
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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
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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.
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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:
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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
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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:
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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:
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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!
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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.
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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:
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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
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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.
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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
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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
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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)
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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
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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
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