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HomeMy WebLinkAboutAgreement APPLICANT 3/8/2010 '( W'_YJ Zurc) . ) 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' () Planner: ~ --- lof 10 Pelf" Welby's lof4 :( '. . . 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. Welby's 20f4 F . . 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. Welby's 30f4 ( . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT 5-8. \0 ~4dd~_, 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 --------- CITY ;,-L6~~ Date By ,=;-I= t/tl. ' I STATE OF OREGON, County of ~ 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 ./ Notary Public for eg My Commission eXPires~ Welby's 40[4