HomeMy WebLinkAboutAgreement APPLICANT 11/16/2011 O
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SITE PLAN DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter"Agreement" is entered into this day of
November, 2011 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter"City"
and FRED MEYER STORES, hereinafter"applicant," in accordance with Section 5.17-140 and
Sections 5.1-125.13, 5.1-130.D, 5.1-135.D and 5.1-140.D of the Springfield Development Code.
RECITALS
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WHEREAS, on the3_day of November, 2011, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER TYP211-00011 Type II Site Plan Application requesting approval
for construction of the following: a 10-dispenser retail fuel facility with canopy and attendant kiosk,
reconfigured parking lot and driving aisles, vegetative stormwater infiltration swale, and site
landscaping on an existing commercial site. The property is located at 650 Q Street (Assessor's Map
17-03-26-24, TL 5100, 5101, 5102, 5200, 5300 & 5500). 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 TYP211-
00011 (hereinafter the "Approval"), including implementation of construction and operation 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 agreedtocomply 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:
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1. SITE IMPROVEMENTS. Applicant agrees to construct/install the fuel tanks and dispensers,
canopy, parking spaces and driving aisles, vegetative stormwater infiltration swale,
underground utilities, site landscaping, bicycle parking, loading dock awning, and associated
improvements as depicted on the Final Site Plan (TYP211-00011) 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 TYP111-00013) 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 store's Hazardous Materials Management Plan (HMMP) and Hazardous
fiat;� Received:
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Materials Inventory Statement (HMIS); installing wellhead protection signage on the site;
installing groundwater monitoring wells for the fuel facility; 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 infiltration 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 landlwithin 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 or excavation 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.
natea Received:
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IN WITNESS WHEREOF 'the Applicant and City have executed this Agreement as of the date first
herein above written.
APP A
jjp 10 o7-QII By:
Date y� /
STATE OF OREGON, County of I ��f,lLV mal-,
y1U I,CI Vt.lrrf 10 , 2011. Personally appeared the above named
Fred Meyer Stores, who acknowledged the foregoing instrument to be histlier voluntaryact. Before
me:
OFFICIAL SEAL
ANITA K HARRISON Notary Public for regon
NOThRY PUBLIC-OREGON
COMMISSION NO.451234
MY COMMISSION EXPIRES AUGUST 14,2014 My Commission expires f/ golf
CITY OF SPRINGFIELD
I �rn B�eow
Date I v—
STATE OF OREGON, County of CCu
/ I omrm x' 2011. Personally appeared the above named An4y4�, BSB-Senior
arm
-Pfer, who acknowledged the foregoing instrument to be his voluntary act. Before me:
Notaryublic for Oreg
D °LTTE 0 KEur I l5
NOTARY PUSLIC-OREGON My Commission expires
COlM SSION NO.460590
MY CMUASSION EXPIRES AUGUST OI,2Mf6
aDate,Flecelved:
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