HomeMy WebLinkAboutAgreement APPLICANT 3/8/2010
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
. This DE\(ElOPMENT AGREEMENT, hereafter "Agreement" is entered into this B day of
J~\~(j-\. ,2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "City" and Mark WormanlWelby's Car Care, hereinafter "applicant," in accordance
with Section 5.17-140 of the Springfield Development Code.
RECITALS
WHEREAS, on the g day of fY\~IZcJ-\ , 2010, the City approved
the Final Site Plan Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2009-00053 Type I Minimum Development
Standards, requesting approval to establish an auto repair business. The property is located
at map and tax lot 17-03-36-31 #100, addressed as 1820 Main Street. The property is zoned
CC (Community 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: .
o The decorative fencing shall be extended along the entire 18th Street frontage.
o The trash enclosure along 18th Street shall be removed.
o The existing bicycle parking structure on the west side of the building must remain, or
provision for 3 bicycle parking spaces shall be provided elsewhere on the site.
o The new trash enclosure area shall be covered, hydraulically separated and piped to
sanitary sewer.
o Install wheel stops at all parking stalls that do not have them in accordance with SDC
4.6-120, which includes that the stops be a minimum of 6 feet in length.
o The gate in the eastern parking lot must be constructed so that the 20 foot opening is
within the 24 foot drive aisle.
o Revise the fence to establish and maintain a 25' clear vision triangle at the
intersection of 18th and Main.
o Prior to final occupancy, submit a copy of the approved ODOT access permit.
o Establish and maintain a 1 O'.c1ear vision triangle at the driveway to Main Street. As
shown, the 6' high fence encroaches into that triangle.
Date Recelvecl:_ 3 - 8 r' ()
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. All outside lighting, including existing lighting and wall packs, shall contain full cut off
shields and be directed downward. "Full cut off' means the bulb is not visible when
viewed from the side.
. Install and maintain a filter in the existing catch basin locate at the north side of the
building.
. No improvements shall be made to the vehicle work area; Occupancy Class F1, OCC
lD 19, until the DWP application (DRC201 0-00003) is approved.
. All improvements must be constructedlinstalled as shown on the Final Site Plan and
approved construction plans prior to the final building inspection. A financial security
in compliance with SDC 5.17-150 may be posted to allow occupancy prior to
construction of the trash enclosure.
. The applicant shall comply with Drinking Water Protection standards of SDC 3.3-200.
The conditions of concurrent Drinking Water Protection Application #DRC2010-00003
are incorporated by reference.
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.
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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 approved becomes null and void if construction does not
commence within two years of the date of the agreement.
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the
date first herein above written.
APPLICANT
5-8. \0
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Date
STATE OF OREGON, County of ~
~c 'r\ CI, . 2008. Personally appeared the above named Dana Schulz,
representative of D-Bar Construction, who acknowledged the foregoing instrument to be a
voluntary act. Before me:
OffICIAL SEAl
UYlIIlYll E MEllER
llOTARY P\l8L1C-OREGON
COMMISSION NO. 44312&
IIY CQWISSIOll EXPIRES OCT 4. 2013
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CITY
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Date
By ,=;-I= t/tl. '
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STATE OF OREGON, County of
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fY'o-.x C h q ,2008. Personally appeared the above named Steve Hopkins, who
acknowledged the foregoing instrument to be a voluntary act. Before me:
OffiCIAL SEAL
UTllllYI E IEEDEII
NOTARY PU8L1C.oREGON
COMMISSION NO. 443126
IIY COlIIISSION EXPIRES OCT 4. 2013
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Notary Public for eg
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