HomeMy WebLinkAboutPermit Miscellaneous 1991-07-19A;1,*-, 6
day
THIS DEVELOPMENT
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SITE PLAN REVIEV DEVELOPMENT AGREEMENT
AGREEMEMI, hereinaf ter "Agreement'r, is entered into ttris l4L
, 1991 ( the rrEf fective Daterr) by and betveen the CITY 0F
SPRINGFIEF, %;ElnafterrrCityrr, and Jackson C. Kephart Jr., hereinafter "Applicantr',in aecordance vith Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and
3.100(3).
t5s day
RECITALS
of Jr.\qr , 1991, the City approved the HinimumIJHEREAS, on the
Development Standards
purpose of alloving:
(MDS) PIot PIan Afplication submitted by the Applicant for the
The construction of an office building at 3290 Commercial Avenue.
CITY J0URNAL NUMBER 91-07-105. MDS Reviev to consider the construction of an office
building for truck/trailer storage.
The property is bordered by Commercial Avenue on the north, the Adams Plat on the
east, and The 01d Vindmill Tract subdivision on the vest and south (Assessor's Map
17-02-31-21, Tax Lot 801).
IIHEREAS, in consideration for MDS Plan approval, the issuance of a Building
Permit, and the issuance of an 0ccupancy Permit, as specified in the Springfield
Development Code Section 31.090, Applicant agrees to comply vith all the standards of
the Springfield Development Code and Springfield Municipal Code vhich may be
applieable to this development project unless modified or excepted by the Site Plan
Reviev Development Agreement, Planning Director, Planning Commission, Building
Official or their agentsr or the Fire Marshal, vhich modifications or exceptions
sha1l be reduced to vriting.
VHEREAS, in consideration for MDS PIan approval, the issuance of a Building
Permit, and the issuance of an 0ccupancy Permit, as specified in the Springfield
Development Code Section 31.090, Applicant agrees to eomply vith the folloving
specific conditions imposed by the City as part of the MDS Plan approval:
1. The east, south and vest boundaries of the site shall be screened vith
evergreen plants to form a site obscuring barrier.
2. A fence sha1l be installed south of the proposed building to separate future
development area from the area to be used for office and storage.
Four off-street parking spaces sha11 be striped on the existing concrete
slab to provide required parking for the nev office building. Llheel stops
shall be installed to prevent vehicles from using gravel area for
maneuvering.
A modified MDS PIan shalI
dedication is required.
be required in the event Commercial Avenue
J
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Site PIan Development Agreement
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THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS VHICH 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 MDS PIan in
accordance vith Section 31.080 of the Springfield Development Code.
2. STANDARDS. The applicant agrees to fulfiII all applicable standards
speeified 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 vith 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 vith Section 31.040(4)(b)
of the Springfield Development Code.
4. HODIFICATIONS. The applicant agrees not to modify the approved Final HDS
PIan vithout first notifying the City. Modifications to the Final Site Plan shalI be
revieved in accordance vith Section 31.100 of the Springfield Development Code.
5. MAINTAINING THE USE. The applieant agrees to the folloving:
(a) The building and site shal1 be maintained in accordance vith theprovisions of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property ovner tomaintain the planting required by Section 31.140 of the Springfield Development Codein an attractive manner free of veeds and other invading vegetation. In addition,plantings in the vislon clearance area shall be trimmed to meet the 2 L/2 foot height
standard in accordance vith Section 32.070 of the Springfield Development Code.
(c) Parking lots shall be maintained by the property ovner or tenant in acondition free of litter or dust, and deteriorated pavement conditions shall be
improved to maintain conformance vith these standards.
(d) Undeveloped land vithin the development area shall be maintained freeof trash and stored materials in a moved and attractive manner. Undeveloped landshall not be used for parking.
6. In addition to all other remedies vhich may be provided by lav or equity(including but not limited to penalties provided by applicable State Lav or City
Ordinances), Applieant agrees that City may enforce Applicant's responsibilities byvithholding Applicant's Final Occupancy Permit, and terminating any Temporary
Occupancy Permit vhich may have been granted.
7. Any Final MDS PIan approved becomes null and void if construction does not
commence vithin one year of the date of this Agreement.
Site Plan Development Agreement
IN IJITNESS VHERE0F, the Applicant and the City have executed this Agreement as of thedate first hereinabove ruritten.
APPLICANT
STATE OREGON, Coun
BY:
BY:
,ty of _Nr1r44L, 1991@ed the above named
, vho acknovledged the foregoing instrument totore me:
c or
Hy Commission expires
CITY
BY:
v s on Manager
Coun ty of
199 Pers appeared the above named
, vho acknovledged the foregoing instrument to
r-lntary act. Be ore me:
No c r r
My Comiirission expires
t rvo tary
Date
STA F
l.
oFFiciAr_ sa l.L
JAMES H. i):,'r'.:' ':
a.^"t::aat^_L!:..|J.;i::j-; . 'rv. i -. .. l
:SS:Cii EXP;il:S S:tj i. i:.., I t3.SuY cci,:i,i
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Site PIan Development Agreement
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Date