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Home My WebLink AboutAgreement APPLICANT 9/7/2010 ;l . . .1 SITE PLAN REVIEW DEVELOPMENT AGREEMENT . ~ This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this L day of ;:)1 k'M.. h.t.v , 2010 (the "Effective. Date") by and between the CITY OF SPRINGFIEL ,hereinafter "Clty", and Pacific Cascade Federal Credit Union, hereinafter "Applicant", in accordance with Springfield Development Code (SDC) Sections 5.17-145 (F), 5.17-130,5.17-140, and SDC Section 5.1-130 (D). RECITALS WHEREAS, on the 20th day of August, 2010, the City approved the Type II Minor Site Modification--Final Site Plan, hereafter "Final Site Plan," submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2010-00016. The Applicanfrequested approval to construct a .23 acre parking area to support the existing credit union facility. The property is currently vacant after demolition of a structure addressed as 1507 Centennial Blvd., Springfield, Oregon. The property is identified on the Lane County Assessor's Maps as 17-03-25-33 Tax Lot 16200: The property is zoned Mixed Use Commercial with a Nodal Development Overlay by the City of Springfield. WHEREAS, in consideration for a Final 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, Springfield Public Works Engineering Design Manual 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. WHEREAS, in consideration for this Final Site Plan approval, the issuance of a Building Permit, and ttie issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 5.7-140, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Final Site Plan approval: A. All improvements must be constructed! installed as shown on the Final Site Plan prior to the final building inspection. B. Conditions of Approval were issued with the Tentative Site Plan Approval and were addresses in the Final Site Plan submittal. These conditions are listed below and shall be fulfilled prior to final occupancy: Condition of Approval # 1: The submitted modification shall be revised to include a construction note or a revised drawing specifying that the base of the bio-swale be constructed to include medium comprising a mixture of sand, native soil, loam, and compost. The fraction of organic carbon (foc) in the constructed medium must be a minimum of 0.20, i.e., 40-50% organic matter. If the growing medium does not conform to this minimum foc requirement, the File No. DRC2010-00016 Pacific Cascade Federal Credit Union Development Agreement August 20, 2010 Page 1 of 4 Date Received: 1-7//0 Planner: MM f~ t - <-I . . constructed medium shall be increased from the required 12-inch depth to a depth of 24-inches. Condition of Approval #2: A wellhead protection area sign shall be purchased from SUB and installed in the parking lot near the bio-swale. Condition of Approval #3: The submitted site plan modification shall be redrawn to close the existing 66-foot curb cut along Market Street and a curb-side sidewalk shall be installed in to . match the connecting sidewalks. Condition of Approval #4: The submitted site plan modification shall be redrawn to close the Centennial Blvd. access. Access shall be restricted to that already provided by Market and Parker Streets and the exit-only access on Mohawk Blvd. Condition of Approval #5: 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 rain garden bio-swale. The plan should designate maintenance responsibility foroperating and maintaining the system, and should be distributed to all property owners and tenants of the site. Condition of Approval #6: To ensure a fully functioning water quality 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 the Final Site Plan inspection, to be conducted at the conclusion of construction. Alternatively, if this condition cannot be met, the applicant shall provide and maintain additional interim erosion control/water quality measures acceptable to the Public Works Department that will suffice until such time as the swale vegetation becomes fully established. C. By this approval, the original site plan approved for this project (DRC2005-00037) is amended to include the proposed new parking area and related landscaping and stormwater management swale described in the Final Site Plan. The original Development Agreement is still in force. This Agreement amends the original Development Agreement to include those provisions and conditions required by the approval of this Minor Site Plan Modification request. 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 5.7-135 ofthe 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 File No. DRC2010-00016 Pacific Cascade Federal Credit Union Development Agreement August 20, 2010 Page 20f4 r. . . :) been deferred to a later date in accordance with SDC 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 5.7-145 of the Springfield Development Code. 5. MAINTAINING THE USE. The Applicant agrees to the following: (a) The building and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue the use. (b) It shall be the continuing obligation of the property owner to maintain the planting required by Section 4.4-100 through 4.4-105 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. In addition, plantings in the vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance with SDC Section 4.2-130 of the Springfield Development Code. (c) 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. (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. 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 one year 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. 9/7 /zv/v Date I APPLICANT BY: I?iJ II~ BY: STATE OF OREGON, County of L~~ File No. DRC2010-00016 Pacific Cascade Federal Credit Union Development Agreement August 20, 2010 Page 3 of 4 . . d-Ol~" . "'\ \01 ,~ Personally appeared the above named R.o'oer+ \-\ ~ who acknowledged the foregoing instrument to be their voluntary act. Before me: .... OFACIAL SEAl TERRI E MIKKELSEN NOTARYPUBU~REGON COMMiSSION NO. 425450 i""JilY ~O~M~N EXPIRES MAR. 2, 2012 ff.l&.... . ~ ~Q..l.~~~~ ( Notary Public for Oregon My Commission expires O~\ O~ \~\ ~ CITY ..---.\ '\ \ ' ).j~ ,. I "'...........-........ I-~ i~ "....- \J / , 9/I/ZiJ/o Date BY: . OfFICIAL SEALKELL Y DEVETTE . . NOTARY pUBLIC. OREGON '. COMMISSION NO. 420351 MY cOMMISSION EXPIRES AUG, 15, 2011 STATE OF OREGON; County of ~../ ),,10 ,4'/"1 ' ..5e.pbbbt '6 ,-2$;: Personally appeared the above named ft/W/(. .Mtt-z.d-ev' , who acknowledged the foregoing instrument to be their voluntary act. Before me: No,l1/i!!!j;!i My Commission expires Z I (f;!11 File No. DRC2010..00016 Pacific Cascade Federal Credit Union Development Agreement August 20,2010 Page 4 of 4