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HomeMy WebLinkAboutPermit Miscellaneous 1994-2-10 . i . . . :tl- er 3 - , 1. - 20~ SlIwO Cl~Sf. SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into on the IO~ day of February, 1994 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "Ci ty", and Smith's Euaene Limited Partnership , hereinafter "Applicant", in accordance with Section 31.090, and Sections'-3.0/U(3i, 3.080(3), 3.090(3), and 3.100(3). RECITALS YHEREAS, on the 7th day of February, 1994, the City approved the Site Plan submitted by the Applicant: CITY JOURNAL NUMBER 93-12-203. Type II Site Plan requesting approval for a 50,000 square foot one-story building for retail sales of home furnishings wi th adjacent parking. The property is zoned Community Commercial; the Gateway Refinement Plan and Metro Plan Designations are Community Commercial. The proposed use is permitted in the Community Commercial District (Ref. SDC 18.020(9)(cc)). The property is loca~ed on the west side of North Game Farm Road, north of the State Police facility and across from International Yay, (Assessor's Map 17-03-15-00; Tax Lots 5101 and 5102). WHEREAS, 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 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 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 Site Plan dated February 7, 1994. 2. The recorded original of the required street dedication must be returned to the City within 45 days. of the si~Qing of th~s_Agreement. 3. The recorded original of the traffic signal agreement must be returned to the City within 45 days of the signing of this Agreement. 4. Staff will allow the deferral of certain required landscaping and street improvements since the LID project for North Game Farm Road is proposed to be constructed later in 1994. However, since there is no guarantee at this time that the project will be completed and since Smith's proposes to open the furniture store prior to the LID construction, a bond, letter of credit, or other approved mechanism will, be required to be submitted to the City prior to occupancy. The dollar amount of the securi ty needs to be agreed to by the Ci ty prior to submit tal. Site Plan Development Agreement Page 1 MCM Architects RECEIVED FEB 1 0 19~~ ."::,;", . :";'';;: ... ...(. ~ .: '... ',; ,::,::~?:'~;: ~'/~":l~;~ " ..." ",J ,.' '.\ '.,', %\"i~' ' .:n:....&J.J.I~...I."'"""\........,,'. . . ... ..:).. '-.t;~~ I-i 'ft " . . THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS VBICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOVS: 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 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 site 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 condi tion free of li tter or dust, and deteriorated pavement condi tions 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 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 City 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 --- ii " . . IN VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. 2/11=1/94 Date APPLICANT SMITH I S EUGENE LIMITED PARTNER~HIP BY: REMBOLp TRUST:S'~' IlIlr r.RlIl~ PIillTNER ~._~ ~ . - e L. rteln 0 ~,UC"l~-- STATE OF Oregon lJ 1 t pomab . "" Februarv 10 , 1994. Personally peared t1ie above named WavI)e. S::. R~mhol d , who acknowledged the foregoing instrument, to be thelr vO.Luntary act. Betore me: ) ' r.--"-""H'~OFFlciAL-SEAL'''''--'l *~Z:~ OJci~;:nn : ,BETTE JEAN OWEN I II 1 \, ,/ NOTARY PUBLIC-OREGON : My Commission expires 11 /19 /96 : ,,' COMMISSION NO.020237 I I MY GOMMISSIOl~ EXPIRES NOV, 29. 1996 I '~~... _.. .:<.:x:.':........ _ ..______________..;.<\ 2/22/ W Date CITY L_ /J/ BY: /7--A h Plannillg" Mfuager F-. 7'1<'::: STATE OF OREGON, County of f'..b. z.z~ , 1994. 64........M.I<CJrP be their voluntary act. J-AN. e:. Personally appeared , who acknowledged Betore me: the above named the foregoing instrument to . OFFICIAL SEAL TROY Me ALLISTER NOTARY PUBLIC. OREGON COMMISSION NO, 009914 MY IDMMISS~N EXPIRES SEPT, II, 1995 .-t-urt tIl< (~ Noia~ Public tor Oregon My Commission expires s,::f7T: '50 (<1"15 Site Plan Development Agreement Page 3