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HomeMy WebLinkAboutAgreement APPLICANT 8/27/2010 (2) " , .1 . . . SITE PLAN DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ;!"'7 day of t1-uqU~'" ,2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and JACKSONS FOOD STORES INC., hereinafter "applicant," in accordance with Section 5.17-140 and Sections 5.1-125.B, 5.1-130.0, 5.1-135.0 and 5.1-140.0 of the Springfield Development Code. RECITALS WHEREAS, on the 30th day of August, 2010, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2010-00023 Type II Site Plan Application requesting approval for construction of the following: a 3,500 ft' convenience store, expanded parking lot, vegetative stormwater treatment swale, covered trash enclosure and site landscaping on an existing commercial site. The property is located at 3375 Gateway Street (Assessor's Map 17-03-22-20, Tax lot 901). The subject property is zoned Community Commercial (CC). WHEREAS, in consideration for Type II 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 that may be applicable to this development project unless specifically modified or excepted in writing by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal. WHEREAS, Applicant agrees to comply with all conditions of the Site Plan approval DRC2010-00023 (hereinafter the "Approval"), including implementation of construction practices that conform with the Water Quality Protection standards described in Springfield Development Code Section 4.3-115. 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 has agreed to comply with the specific conditions imposed by the City as part of the Site Plan approval. NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. SITE IMPROVEMENTS. Applicant agrees to construct/install the parking lot, vegetative stormwater treatment swale, underground utilities, street trees, site landscaping, trash enclosure, bicycle parking and associated improvements as depicted on the Final Site Plan (DRC2010-00023) and approved construction plans prior to requesting final site and building inspections, and prior to issuance of Occupancy. 2. WATER QUALITY PROTECTION STANDARDS. Applicant has demonstrated compliance with the Springfield Drinking Water Protection (DWP) Overlay District requirements by obtaining a DWP permit approval (Case DRC201 0-00006) for the site. Applicant agrees to abide by the conditions and stipulations of the site plan approval and DWP permit, including but not limited to: updating the site's Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS); installing wellhead protection signage on the site; . . f , ,:. installing appropriate secondary containment for hazardous materials used, stored, dispensed and kept on site; and implementing construction and ongoing site management/maintenance practices that are consistent with the City's permitting requirements for erosion and sediment control measures and the applicable Water Quality Protection standards of the Springfield Development Code, Section 4.3-115. 3. FINAL SITE PLAN. Applicant has submitted a Final Site Plan in accordance with Section 5.17- 135 of the Springfield Development Code. . 4. STANDARDS. Applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards 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. 5. CONDITIONS. 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. 6. MODIFICATIONS. Applicant agrees not to modify the approved Final Site Plan without first notifying the City and obtaining any necessary approvals. Modifications to the Final Site Plan shall be reviewed in accordance with Section 5.17-145 of the Springfield Development Code. 7. MAINTAINING THE USE. Applicant agrees to the following: a. The paved parking and driving areas, landscaping, vegetative stormwater treatment swale, 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 site landscaping and plantings required by Section 5.17-155 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 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 in accordance with Section 5.17-155.c of the Springfield Development Code. Deteriorated pavement conditions shall be improved to maintain conformance with these standards. 8. Applicant agrees to coordinate with the City's Public Works Department prior to initiating any grading activity on the site. 9. 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. 10. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of the agreement. 2 ;~ . . ~ IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. ~/ ~?/; 0 fDate APPLI By: !tWIo STATE OF riEVADA, County of _~d3 j&qI.lS\- ~1l-h ,2010. Personally appeared the above named JOhn J-ac.Kson few, JaCKsons Food Stores Inc., who acknowledged the foregoing instrument to be hisfher voluntary act. Before me: \~~ Notary Public for ~JevaEla aoo My Commission expires IO/W/ZOIS 'K /g~J()CIO By: STATE OF OREGON, County of Latre.. ~O ,2010. Personally appeared the above named Andy Limbird, DSD Planner II, knowledged the foregoing instrument to be his voluntary act. Before me: q(Is1ll . OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION eXPIRES AUG, 15,2011 My Commission expires 3