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HomeMy WebLinkAboutPermit Miscellaneous 1993-12-1 / 'ii'1 , J. -,,,: ~ ~ I ( N. c-lo"''''',41.!:t ~":i '".j SITE PLAN REVIEY DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into on the day of December, 1993 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and ./V11y'8 /-(v';(""~ ,. ' hereinafter "Applicant", in accordance with Section 31.U9U, and Sectlons 3,U/U(3), 3,OBO(3), 3,090(3), and 3,100(3), RECITALS YHEREAS, on the 3rd day of December, 1993, the City approved the Si te Plan submitted by the Applicant: I ' i , EXPLANATION OF THE NATURE OF THE APPLICATION: J - /llj , CIT1 JOURNAL NUMBER 93-0B-~. Michael Hudman has submitted a Site Plan application to lthe City of Springfield for approval of a residential facility for elderly and handicapped individuals. Residential facilities for 15 or fewer people each are a ptmitted use under SDC Section 16,020(9)(d) which require Site Plan Review, The p operty is located at 611 North Cloverleaf Loop (Assessor's Map' 17-03-22-42; Tax L ts 8100 and 8200, The property is zoned Medium Density Residential (MDR); the Gateway Refinement Plan designation is Medium Density Residential. The proposed use is a permitted use in this District, YHEREAS, 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 31,090, 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 unless modified or excepted by the Site Plan Review Development Agreement, Planning Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced to writing, YHEREAS, in consideration for Site Plan approval, the issuance of a Building Permi t, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31,090, Applicant 'agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval: 1. All improvements must be constructed/installed as shown on the Final Site Plan dated December 3, 1993, 2, Paving the walkway along the north property line, prior to the issuance of the Final Occupancy Permit. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS YHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOYS: AGREEMENT , 1. FINAL SITE PLAN, The applicant has submitted a Final Site Plan in Site Plan Development Agreement 1 -- '............' , , accordance with Section 31.080 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 RECITALS prior to occupancy, unless certain standards have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code, 3. CONDITIONS. The Applicant agrees to fulfill all specific condi tions 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 31,040(4)(b) 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: (a) The building and si te shall be maintained in accordance wi th the provisions of the Springfield Development Code in order to continue the use, (b) It shall be the continuing obligation of the property owner to maintain the planting required by Section 31,140 of the Springfield 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, (c) 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, (d) 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 Ci ty Ordinances), Applicant agrees that 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 this Agreement. IN YITNESS YHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. tj;C;/9y APP~ICANT ~ /' () BY: ~ .... Site Plan Development Agreement 2 ....... . ...........' I - Date -~ BY: STATE OF OfCc3bC:>'\/ , County of LAN b ;tf..,~~d(/PJW /</, 191/'t! ,1'Hj, Personally appear'ed the above named .)' ,'I 8/,.~':::"'rl7t1rt: h'{),J)Pl'fV , yho acknoyledged the foregoing instrument to e their vofuntary act, efore me: ~d/~ ~tp.ry putrli~'(;r CJI) "''''';n/ll My Commission expires ~~.2 /?~~j7 --. 0fFIQ.lI. SEAL JAMES II LONG NOMY P\llJC' CROON 00IrII1SS1OH NO, Gm43 MY COMM118IOH Dl'fAn BePt 21, Ifill .; , , bate :::Y /2 k::, Pl.:r;~k-anag/:"" ~ 7A-1S' STATE OF OREGON, County of ~lVtf ~~/~~~ , 1~~3. Personally appeared the above ~ame~ ___ __ _____jJ , who acknoyledged the foregolng lnstrument to be t lr vo'untary act, Betore m~N~" /oJ;.rt'y ~bHYOr,.)l'f'egon , My Commission expires q /2- 7/'9 7 . llmQ.\LSEAL " :E~.= COMMIllIIIOH NO, 0:!7543 MY COMIII88ION I!XI'INiI IlIPT. n. Ifl87 , Site Plan Development Agreement 3