Loading...
HomeMy WebLinkAboutAgreement APPLICANT 6/4/2010 '#I ~- . r~. .. ~. ~ . SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 4th day of June, 2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Mike Sanders/Bell-Co Enterprises, hereinafter "applicant," in accordance with Section 5.17-140 of the Springfield Development Code. ,.... RECITALS WHEREAS, on the 4thday of June 2010, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2009-00049 Type II Site Plan Review, requesting approval to replace the existing restaurant with an expanded building and a reconfigured drive aisle. The property is located at map and tax lot 17-03-20-25-34 #4101, addressed as 1505 Mohawk Blvd. The property is zoned MUC (Mixed Use Commercial). 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 agrees to comply with all of the standards in the Springfield Development Code and the Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced to writing. 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 agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval: 1. Prior to approval of the final site plan, the applicant shall provide an operations and maintenance plan to the City for review to ensure the long-term maintenance and operation of the proposed bio-swale. The plan shall designate operation and maintenance responsibility. Proof of compliance will be a required element of the operations and maintenance plan. 2. The final site plan shall show at least 50% of the impervious area will be vegetatively treated, in accordance with Section 3.03.4.E of the city's EDSPM. 3. To ensure a fully functioning water q'uality system and meet objectives of Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the proposed private vegetative water quality swale shall be shall be fully vegetated with all vegetation species established prior to occupancy. Alternatively, if this condition cannot be met, the applicant shall provide and maintain additional interim erosion controllwater quality measures acceptable to the Public Works Department that will suffice until such time as the swale vegetation becomes fully established. 4. The final site plan shall show an enlarged inside curve radius at the exit point of the drive- through lane that will allow for AASHTO's passenger car to maneuver into the driveways right- turning exit lane without encroaching into the adjacent left-turning exit lane. 5. Execute and record an Improvement Agreement for street lighting on Mohawk Boulevard. . Date Received: Planner: SH (". Lj '/0 Bell-Co Enterprises Iof3 " , . . ,---. '~ 6. Prior to occupancy of the building, place a wellhead protection sign in the parking lot/entrance area. 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 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 Section 5.17-150 of the Springfield Development Code. 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 5.15-100 of the Springfield Development Code. 5. MAINTAINING THE USE. The Applicant agrees to the following: a. The buildings 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 planting required by Section 4.4-100 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. 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 90 days of the date of the agreement. Date Received: Planner: SH ~ - 4-{/J Bell-Co Enterprises 20f3 " ;/ -ot . . ,..i < , IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT c, /~( /10 , Delte By: 'n) J"G Sa u U,"1- STATE OF OREGON, County of ~O i\. L '~"A.Y-- LL,2010, Personally appeared the above named Mike Sanders, who acknowledged the foregoing instrument to be a voluntary act. Before me: OffiCIAL SEAL IIlTHKY. E IlEEDER NOTARY PUBlIC:OREGON COMMISSION NO. 443126 11/ COIIIIISSION EXPIRES OCT 4, 201 a J2.~ ~ Notary u lie gon My Commission expires lI2.llliB CITY G /4 ~() Date I By: '5('- L~L STATE OF OREGON, County of J ruru.-...- _~-'- L-L,2010, Personally appeared the above named Steve Hopkins, who acknowledged the foregoing instrument to be a voluntary act. Before me: OFFICIAL SEAL IIlTHKY. E REEDER NOTARY PUBLIC-OREGON COMMISSION NO. 443126 MY COMMISSION EXPIRES OCT 4, 201 a Bell-Co Enterprises " G.4-/d Date Received: Planner: SH , 30f3