HomeMy WebLinkAboutAgreement APPLICANT 6/4/2010
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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.
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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
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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
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Bell-Co Enterprises
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first
herein above written.
APPLICANT
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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
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CITY
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By:
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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
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Date Received:
Planner: SH ,
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