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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