HomeMy WebLinkAboutPermit Miscellaneous 1990-1-3
r-
i.
.-
.
--~ cP --~
.M
1j}JD~~
~...' .'
SITE PLAN REVIEV DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this 3 &0
day of 0I'lNv~'1 ,1990 (the "Effective Date") by and' between the CITY OF
SPRINGFIELD, hereinafter "City", and eOv/l"Q../? VVrEAii3R. " hereinafter
"Applicant", in accordance with Section 31.090, and Secdon'3.070(3), 3.080(3),
3.090(3), and 3.100(3).
RECITALS
YHEREAS, on the 21st day of December, 1989, the City approved the Final Site
Plan Application submitted by the Applicant for the purpose of allowing:
CITY JOURNAL NUMBER 89-11-190. Type II
construction of a Taco Bell and a Kentucky
loca ted on the N\I corner of Gateway
,17 -03-22-)0, - Tax Lo_t 2401."
Site
Fried
Loop
Plan Review to' discuss the proposed
Chicken rest~urant. The property is
and Gateway, S'treet, Assessor's Map
YHEREAS, in consideration for Site Plan approval, the i~suance 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 modifi'cations or ex'ceptions
shall be reduced to wri ting. ' ,
, !
YHEREAS, in consideration for Si te Plan approval, the; i'ssuance 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 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 December 21, 1989.
2. A copy of a recorded document addressing storm and sanitary sewers serving both
restaurants.
3. Submi ttal of an irrigation plan prior to the issuance 01 a building permi t for
either restaurant.
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
accordance with Section 31.080 of the Springfield Development' Code.
2.
specified
RECITALS
STANDARDS. The applicant agrees to fulfill all applicable standards
in the Springfield Development Code and the specific standards listed in
prior to occupancy, unles~ certain standards have b~en deferred to a later
Site Plan, Development Agreement
I
-~'-~."..-----
.-.-
.
i
'. ~~,
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 wi th Sectio.n 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 with 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
condition free of litter or dust, and deteriorated pavement
improved to maintain conformance with these standards.
owner or tenant in a
conditions shall be
(d) Undeveloped land
of trash and stored materials
shall not be used for parking.
within the development area shall be maintained free
in a mowed and attractive manner. Undeveloped land
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
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 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.
1- j- 90
Date
APPLICANT,
BY: -;:;;L" [0/) of /1 }/~
'---~ -
BY:
STATE OF OREGON, County of
-iA-NJM',.3 , 1990.
L-/tN e..
Personally appeared the above named
Site Plan Development Agreement
2
~~;:- ..-...::.....
~v..
'.
.
e:
I
r:;ovfhQO LAJ€f&Et.2 , who acknowledged the foregoing;instrument to
be their voluntary act. Before me: --:<'
'<l.a",,, ,,,,,,,I(
My Commission expires :$- 4- -97.
CITY
C) - S" - '81
Date
\ At--.,'
2, \rv.)v~.
Code Administrator
, ,
-
STATE OF OREGON, County of
<.JA-twl't-R'1 ,\ , 1990.
~-ca.., S PIP T!
be their voluntary act.
L../tf'/ i:E. ,
Personally appeared the above named '
, who acknowledged the foregoing instrument to
Before me:
.--/l---- /'~
Not'fi-y ~~ Oreg6n-
My Commission expires J - 1r--']1...
Site Plan Development Agreement
3