HomeMy WebLinkAboutPermit Miscellaneous 1987-11-17
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, herei nafter "Agreement", is entered into thi s 2Jrd
day of November ,1987 (the "Effective Date") by and between the CI II U~
SPRINGFIELU, nerel narter "c ity" , and CLARENCE SCHERER herei nafter "App 1 i cant", in
accordance with Section 3l.090, and Section 3.070(3), 3.080(3), 3.090(3), and
3.100(3).
REC IT ALS
WHEREAS, on the 17 day of November, 1987, the City approved Site Plan
Application submitted by the Applicant for the purpose of aJJ~~g:
The conversion of an existing gravel lo~~th A Str~ss:ssor's Map
17-03-35-42 Tax Lot 2200) to a retall Sal~~ ul~~)ay ,U" Tor vehlcles. See
Journal Numbers 87-08-l2l, 87-08-124 and 87-09-~39.
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 3l.090, Applicant agrees to comply with all the standards of
the Springfield Development Code and Springfield Municipal Code which may be
applicable to this development project, including but not limited to, the following:
This proposal shall be constructed in accordance with the Standards of the
Springfield Development Code and as shown on the Final Site Plan.
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 3l.090, Applicant agrees to comply with the following
specific conditions imposed by the City as part of the Site Plan approval:
No additional conditions.
NOTE:
1. The existing site lighting is adequate since paving the parking/display area
does not result in an increased impact and on-site lighting will illuminate the
public right of way. However, two (2) 90 watt low pressure sodium (LPS) City
street lights with 12 foot mast arms will need to be installed whenever there is
. an expansion of the existing building in excess of 2000 square feet or a change
in use of the building (SDC Section 3l.040(3)). One light shall be installed on
the existing' power pole located on 7th Street near the northwest corner of the
existing building; the second on the existing pole located on "B" Street near
the northeast property corner.
2. The sidewalk abutting the property does not constitute a safety hazard at this
time, however, existing sidewalk that deteriorates to a hazardous condition in
the future will need to be replaced (Section 2-7-4 of the Springfield Code,
1965) .
Site Plan Development Agreement
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3. Bicycle racks do not need to be installed because they are not Minimum
Development Standards (SDC Article 3ll.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOllOWS:
AGREEMENT
1. FINAL SITE PLAN. The applicant agrees to submit a Final Site Plan in
accordance with Section 31.080 of the Springfield Development Code concurrently with
thi s Agreement.
2. STANDARDS. The applicant agrees to fulfill all applicable standards
specified in the Springfield Development Code and the specific standards listed in
RECITALS prior to occupancy, unless certain standards have been deferred to a later
date in accordance with Section 31.ll0 of the Springfield Development Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of
approval required by the City listed in RECITALS prior to occupancy, unless certain
conditions have been deferred to a later date in accordance with Section 3l.1l0 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 31.100 of the Springfield Development Code.
5. MAINTAINING THE USE. The applicant agrees to the following:
(al The building and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue the use.
(bl It shall be the continuing obligation of the property owner to
mai ntai n the p 1 anti ng requi red 'by Secti on 31.l40 of the Spri ngfi e 1 d Development Code
in an attractive manner free of weeds and other invading vegetation. In addition,
plantings in the vision clearance area shall be trimmed to meet the 2 1/2 foot height
standard in accordance with Section 32.070 of the Springfield Development Code.
(cl 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.
(dl Undeveloped land within the development area shall be maintained free
of trash and stored materials in a mowed and attractive manner. Undeveloped land
shall not be used for parking.
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
ordinancesl Applicant agrees that City may enforce Applicant's responsibilities by
withholding or terminating Applicant's Occupancy Permit.
Site Plan Development Agreement
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7. Any Final Site Plan approved becomes null and void if construction does not
commence within one year of the date of this Agreement.
IN YITNESS YHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
Nov. 23, 1987
Date
APPLICANT Z .
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BY: ~;'~nv' k?(~/
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BY:
STATE OF OREGON, County of Lane
Nov. 23 , 198 7 . Personally appeared the above named
Clarence L. ~cnerer ---, who acknowledged the foregoing instrument to
be their voluntary act. Before me:
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BY: ~W~
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STATE OF OREGON, Coun ty of I.-.A,vE.
~~ ?c> ,1987, Personally appeared the above named
~ ""', M'~"'TT ---, who acknowledged the foregoing instrument to
be their voluntary act. Before me:
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Site Plan Development Agreement
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