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HomeMy WebLinkAboutAgreement APPLICANT 3/8/2010 (2) . . SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DE\(ElOPMENT AGREEMENT, hereafter "Agreement" is entered into this B day of .Jf\Af@ ,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 f3 day of fYlr:\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'clear vision triangle at the driveway to Main Street. As shown, the 6' high fence encroaches into that triangle. Welby's Date Received: 3-8 ~ 10 Planner: ~ . Icrfto p~ .... 10f4 . . . 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 (DRC2010-00003) is approved. . All improvements must be constructed/installed 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 20[4 . . 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 F;inal 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 3~8. \0 B#d<(~, Date STATE OF OREGON, County of ~ ~YC V\ c;, ,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 . U1lIIMI E lEE" IIOTAAV PUBlIC-OREGON COMIIItSSION NO. 443128 MY COIII$SlllII EXPIRES OCT 4, 2013 Notary ubli for 0 gon My commiss;~~-exPires ~ CITY -:;'-L6~ilJ Date STATE OF OREGON, County of _~ rYUrc h '6 ,2008. Personally appeared the above named Steve Hopkins, who acknowledged the foregoing instrument to be a voluntary act. Before me: i r ..- By: ,~-I::=:-~,' "- I omCIAl. SEAl. IATlIllYI E IEEDEI NOTARY PUBLIC .OREGON COMMISSION NO. 443126 IIYCllIIIIISSIOIl EXPIRES OCT 4, 2013 /' Notary Public for eg My Commission eXPires~ Welby's 40f4 . . HOPKINS Steve From: Sent: To: Cc: Subject: Attachments: HOPKINS Steve Tuesday, March 09,20109:15 AM 'keatingeng@msn.com' 'Graveyard Carz' RE: Welby's final plot plan Welby's Development Agreement.docx Steve, The development agreement we signed yesterday has a couple typos that I just found. A corrected version is attached. Refer to condition #7 on page 3. It should say construction needs to begin within 90 days of the signing. On page 4, the applicant is incorrectly identified, and the year should be 2010. The typos in the development agreement don't change the land use decision or any of the conditions. Construction needs to start within 90 days. This won't hold up the building permit review. The revised version can be signed when you pick up the building permit. Steve Hopkins, Alep Planner /I Urban Planning Division, Development Services Dept. City of Springfield 726-3649 . . '--_._'--~'-''',--""_."._---~._~,--- --.--..---"...-...------..------.-----.--.,--..-..-..-...~."--~--~------_.._._-,-------_.__.__.....- From: keatingeng@msn.com [mailto:keatingeng@msn.com] Sent: Monday, March 08, 2010 2: 14 PM To: HOPKINS Steve SUbject: RE: Welby's final plot plan We will be in at about 2:30 Thanks SC-eve- Keat"'t-nff". Keating Engineering LLC Civil and Structural Engineering 159 East 16th Avenue Eugene, OR 97401 Phone: (541) 242-0613 Fax: (541) 242-0614 email: keatinoenolalmsn.com From: shopki ns@ci.springfield.or.us To: keatingeng@msn.com CC: moparrevival@yahoo.com 1 . Date: Man, 8 Mar 201010:17:06 -0800 Subject: Welby's final plot plan . Steve, Attached is the review for the final plot plan submitted on March 2. If the plot plan is revised to show a hydraulic isolation humpon the floor of the enclosure, and the details of the storm drain filter are included on the plot plan, then all the conditions will be met. Yo.u can get final approval today if you submit 3 copies, and the development agreement is signed. As the business owner, Mark will need to sign it and it will need to be notarized. Bring in the 3 copies of the revised plot plan, have Mark come with you, and everything can be done over the counter. The deadline for signing the development agreement is today. If you need more time, fill out the attached time extension and submit it today with the fee of $321. Let me know if you have any questions. Steve Hopkins, AICP Planner /I Urban Planning Division, Development Services Dept. City of Springfield 726-3649 2 . . SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this _ day of , 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 8th day of March, 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 zo.ned 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: . The decorative fencing shall be extended along the entire 18th Street frontage. . The trash enclosure along 18th Street shall be removed. . 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. . The new trash enclosure area shall be covered, hydraulically separated and piped to sanitary sewer. . 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. . The gate in the eastern parking lot must be constructed so that the 20 foot opening is within the 24 foot drive aisle. . Revise the fence to establish and maintain a 25' clear vision triangle at the intersection of 18th and Main. . Prior to final occupancy, submit a copy of the approved ODOT access permit. . Establish and maintain a 10' clear vision triangle at the driveway to Main Street. As shown, the 6' high fence encroaches into that triangle. 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 (DRC2010-00003) is approved. . All improvements must be constructed/installed 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 2of4 .' . . 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 day of the date of the agreement. Welby's 30f4 4' :. ; . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date STATE OF OREGON, County of ,2010. Personally appeared the above named Mark Worman, who acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission expires CITY By: Date STATE OF OREGON, County of ,2010. Personally appeared the above named Steve Hopkins, who acknowledged the foregoing instrument to be a voluntary act. Before me: Notary Public for Oregon My Commission expires Welby's 40f4