The URL can be used to link to this page

Home My WebLink AboutCorrespondence PWT 1/26/2009 . . L1MBIRD Andrew From: Sent: To: Subject: DRISCOLL Jon Monday, January 26, 2009 2:29 PM L1MBIRD Andrew Midwif Ctr Final Site Plan Andy, I checked it over, and it looks good. Thanks for dropping it off! /'on- Jon Driscoll PLS, EIT, WRE Transportation Engineer in Training City of Springfield, Public Works 225 Fifth Street Springfield, OR 97478 Phone: (541) 726-3679 Fax: (541) 726-3781 id riscoll@cLsprinQfield.or.us 1 Date Raceived: / /;.~ Ik"" Planner: AL / / I I . . SITE PLAN DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this U day of , 2009 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" a PEACEHEAl TH OREGON, hereinafter "applicant," in accordance with Section 5.17-140 and Sections 5.1-125.B, 5.1-130.D, 5.1-135.D and 5.1-140.D of the Springfield Development Code. RECITALS WHEREAS, on the 5th day of November, 2008, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2008-00042 Type II Site Plan Application requesting approval for construction of a 4,000 ff professional office building (nurse midwifery center), underground stormwater infiltration system, paved driveway and parking lot, site lighting, fencing, and landscaping. The property is located at 353 Deadmond Ferry Road (Assessor's Map 17-03-15-40, Tax Lot 2200). The property is zoned Low Density Residential (LDR). WHEREAS, in consideration for Type II 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 and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted in writing by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal. WHEREAS, Applicant agrees to comply with all conditions of the Site Plan DRC2008-00042 (hereinafter the "Approval"), incluiling implementation of construction practices that address drinking water protection standards as provided with the applicant's Final Site Plan submittal. WHEREAS, in consideration for 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 has agreed to comply with the specific conditions imposed by the City as part of the Site Plan approval. NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. SITE IMPROVEMENTS. Applicant agrees to construcUinstall the private driveway, parking lot, underground stormwater infiltration system, utilities, on-site lighting, landscaping, and associated improvements as depicted on the Final Site Plan (DRC2008-00042) and approved construction plans prior to final site and building inspections, and prior to issuance of Occupancy. 2. FLOODPLAIN ELEVATION REQUIREMENTS. Applicant agrees to implement suitable flood proofing measures for the building and installed utilities in order to demonstrate compliance with conditions of Floodplain Overlay District approval SHR200B-00007. Applicant agrees to provide a building elevation certificate demonstrating compliance with flood elevation requirements prior to issuance of Occupancy. 3. DRINKING WATER PROTECTION STANDARDS. Applicant has demonstrated project compliance with Drinking Water Protection Overlay District requirements. Applicant agrees to Date Received: Planner: AL //~ho07 / / . . . , I implement construction and ongoing site management/maintenance practices that are consistent with the Drinking Water Protection standards of the Springfield Development Code (SDC 3.3-200) and acknowledged in Applicant's September 22, 2008 response to Condition of Approval #14. .4. FINAL SITE PLAN. Applicant has submitted a Final Site Plan in accordance with Section 5.17- 135 of the Springfield Development Code. 5. STANDARDS. 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. 6. CONDITIONS. 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 Section 5.17-150 of the Springfield Development Code. 7. MODIFICATIONS. Applicant agrees not to modify the approved Final Site Plan without first notifying the City and obtaining any necessary approvals. Modifications to the Final Site Plan shall be reviewed in accordance with Section 5.17-145 of the Springfield Development Code. 8. MAINTAINING THE USE. Applicant agrees to the following: a. The parking and driving areas, landscaping, stormwater management system, driveways, and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue use. , b. It shall be the continuing obligation of the property owner to maintain the plantings required by Section 5.17-155 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. 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. Undeveloped land shall not be used for parking. . 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 maintain conformance with these standards. 9. Applicant agrees to coordinate with the City's Public Works Department prior to initiating any grading activity affecting on the site. . 10. 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. 11. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of the agreement. Date Received: Planner: AL 112~1 ~o1 I I 2 i I, t . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. /~~i bate By: APPLICANT STATE OF OREGON, County of ~e ./ ~1JOx'3 \ I..f, 2009. Personally appeared the above named Mel pyne, CEO, PeaceHealth er~gon: who acknowledged the foregoing instrument to be his voluntary act. Before me: . OFFICIAL SEAL '. STELLA Y MC CASE, '. i NOTARY puBLIC OREGON '" ..' COMMISSION NO. 402822 MY COMMISSION EXPIRES FEB. 26. 2010 ~QOO~ ~ ~~ Notary Public for 0 on My Commission expires ~ {~(P It 0 00-.21. ';o(J9 tI Date . STATE OF OREGON, County of L rvu. / j.til\..l~ .;J.(. ,2009. Personally appeared the above named Andy Limbird, DSD Planner II, C1ho ack ledged the foregoing instrument to be his voluntary act. Before me: By: . OFFICIAL SEAL . . DEVETTE KELL V '. . . NOTARY PU8LIC . OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 My Commission expires Date Received: Planner: AL f/z6/.kJ0'l / 3