HomeMy WebLinkAboutPermit Miscellaneous 1994-10-7
-'
...... . I....
~
-
Q80 Kr.-ULuo-
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into on the ~ ~
day of Ocrv~~ ' 1994 (the "Effective Da~e") by And" between the CITY OF
SPRINGFIELD, Hereinaf ter "Ci ty" , and (;J'~.1 (,NllvG,,-r /12. r!>Q~ L~ , hereinafter
"Applicant", in accordance with Section 31.090, and Sections 3,070(3), 3,080(3),
3.090(3), and 3,100(3).
WHEREAS, on the
Plan submitted by the
,,?J,
I day 0 f
Applican t:
RECITALS
o C;7) f!,,;;(2
, 1994, the City approved the Si t
CITY JOURNAL NUMBER 94-05-114, Linn West, representing David Andrews
c/o Spencer Butte Brewing Co., has submitted a Site Plan Review application to the
City of Springfield for approval of the construction of a brew pub with parking and
landscaping, The property is zoned Community Commercial; the Gateway Refinement Plan
and the Metro Plan Designa tion are Community Commercial/Medium Densi ty Residen t ial.
The proposed use is a permi t ted use in the Communi ty Commercial Dis tric t. The
property is located in the northwest corner of Hutton Street and Kruse Yay
(Assessor's Map 17-03-22-20, Tax Lot 912).
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 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 Si te 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 Permi t, 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 Si te Plan
dated OCfl!Y6cZI2"l , 1994.
2. A 7 foot-wide public utility easement is required along the east property line,
This easement will be must be recorded at Lane County at the applicant's expense,
The original recorded easement must be returned to the City prior to occupancy of
the brew pub,
Site Plan Development Agreement
Page 1
.;.... '-.
-
.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS YBICH 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
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 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 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 main tained 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 addi tion,
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 a ttrac ti ve manner. Undeveloped land
shall not be used for parking,
. 6, In addi tion to all other remedies which may be provided by law or equi ty
(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,
Site Plan Development Agreement
Page 2
., .. \...
.
.
IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written,
Uil!., U"v,)r! L J... t,
BY: /~;'r;L /lteY/1/'W-
STATE OF ()reCf;l.'1 , County of G--~i(~
~1 ~,1994. Personally appeared the above named
1?',... "70 Tl. ~(.,.s , who aCknOWledged~e fore i ins
be t eir voluni.ery act. Before me: - _ '
7/
. ~r~~~
~ary 'fubli or _ b~ .
My Commission expires ~~~~
/} tlk IIIIN
Date
APPLICANT
ill:.;
~~<-~~--~~~--<-~-~-~~~~t~~ee(
" .'.., OFFICIAL SEAL i
'~~ TIMOTHV D. HOVEl ,
\ ", I:OT ARY PUBLIC - OREGON :
. COMMISSION NO. 005063 ,
~;.--"<<~ ~~~~O~ ~!~~ :~B~ ~~1~~~
bate
/99'1
CITY / 1/
BY:./J- A"r t<-v,
'p.l.ll~ager
,=qe
7JlL:i!"
Ocr, It
,
S~ATE,O~ OR~GON, County of
{~Jf01J-f/-.I 1/ , 1994,
{Yo.."YU H, (i;a M'
De their vol tar act,
~
Personally appeared
, who acknowledged
Before me:
the above named
the foregoing instrument to
, I)" OFFICIAL SEAL
1 ~"':;~. JANICE l. JAMISON
\;ii>] NOTARY PUBLIC - OREGON
.. ..' COMMISSION NO.019958
MY COMMISSION EXPIRES DEC. 18. 1996 J
-
Commission expires
.'
Site Plan Development Agreement
Page 3