HomeMy WebLinkAboutPlan Review Miscellaneous 1993-2-11
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SITE PLAN REVIEY DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this
11th day of February, 1993 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter "Ci ty", and Good Neighbor Care Centers, Inc. hereinafter
"Applicant", in accordance with Section 31.090, and Sections 3.070(3), 3.080(3),
3.090(3), and 3.100(3).
RECITALS
YHEREAS, on the 11th day of February, 1993, the Ci ty approved the Si te Plan
submitted by the Applicant:
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CITY JOURNAL NUMBER 93-01-02. This is a request to allow for the construction of a
removable addition, consisting of a dining room and an office, to the currently
constructed modular RCF partially within the right-of-way dedicated to the City as
part of the approval of the original Site Plan in 1988. The addition is 14' wide by
28' long. Approximately 9' by 28' will extend into the public right-of-way.
This request is a modification of a Site Plan Modification granted in 1989 (Jo. No.
89-02-89) which modified the original Site Plan approval granted in 1988 (Jo. No.
88-08-126). The 1989 modification called for the installation of additional
landscaping, amovable fence and gate and an movable deck and hand rail as approved
through a Use Permit and Agreement dated January 28, 1988.
YHEREAS, in consideration for Si te 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 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 Si te Plan
dated February 11, 1993.
2. Recording of a deed restriction waiving the 5 foo-wide setback.
3. Recording of a new use agreement for encroachibng the public right-of-way.
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
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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
of trash and stored materials in a mowed and attractive manner.
shall not be used for parking.
be maintained free
Undeveloped land
6. In addition 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.
IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
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Site Plan Development Agreement
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STATE OF ORJS."': o~ , County of LI'-..\ L
r=~~ \\ ,1993. Personally appeared the above named
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be their ,xp~~ntary act. Betore me:
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STATE OF OREGON, County of
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