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Home My WebLink AboutCorrespondence PLANNER 4/3/2008 0' . L.".. v DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET' SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726,3689 www.ci.springfield.or.us April 1, 2008 Mr. Dillard (Buck) Wright Alice Lynette Wright Trust 660 Level Lane Springfield, OR 97477 Dear Buck: Enclosed is the Development Agreement for Minimum Development Standards case DRC2008-00013 which proposes adding a U-Haul business to the existing use at 1863 Laura Street. A Final Plot Plan' was submitted on March 24,2008. In order to complete the review process the signed Development Agreement is due within 45 days of the date of the decision. The deadline for returning the signed Development Agreement is April 18,2008. Construction of the required improvements is then required within 90 days from the date of the decision. Please return the signed and notarized agreement to me by the 18th or give me a call at 726-2301 to sign the agreement in our office utilizing an available notary. SinFrely" -. \;;l11-- -t~ ~ Liz MiuJr Planning ,<\ \ Date Received: 1/s, f 0 Y Planner: LM City of Springfield ,. Development Services Department 225 Fifth Street Springfield, OR 97477 MINIMUM DEVELOPMENT STANDARDS Development Agreement This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this day of April, 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter, "City" and Dillard (Buck) Wright, representative of the Alice Lynette Wright Trust, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.B. . RECITALS WHEREAS, on the 3rd day of March, 2008, the City approved the Minimum Development Standards, hereinafter "MDS" application submitted by the Applicant for the purpose of the following: Add an additional use of Truck and Trailer rental business to the existing used car and heavy truck sales. CITY CASE NUMBER DRC2008- 00013, Type I MDSapplication, requesting approval of the additional use. The property is located at 1863 Laura Street in Springfield, Oregon (Assessor's Map 17032710, Tax Lot(s) 3900). WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant agrees to comply with all of the standards in the SDC and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted by this Agreement, the Development Services Director, Planning Commission, Building Official or their agents, 'or Fire Marshal, which modifications or exceptions shall be reduced t6 writing. WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant has agreed to comply with the following specific conditions imposed by the City as part of the MDS approval: 1. All improvements must be" constructed/installed or bonded as shown on the Final Plot Plan, dated 3/24/08. 2. All conditions as specified in the MDS DRC2008-00013 Decision, dated 3/13/08 must be fulfilled prior to issuance of the' Final Occupancy Permit. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL Plot PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125. 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC and the specific standards listed in the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with SDC 5.17-150. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to' a later date in accordance with SDC 5.17-150. 4. MODI FICA TI~NS. The Applicant agrees not to modify the approved FB~hff{kbmQJ8\hourfirst notifYing the City. PI LM . , anner: Lf!do( " " 5. MAINTAINING THE USE., The Applicant agrees to the following: a. The buildings and site shall be maintained in accordance with the provisions of the SDC ,in order to continue the use. b. It shall be the continuing obligation of the property owner to maintain the planting required by the SDC in an attractive manner free of weeds and other invading vegetation. c. Undeveloped land within the development area, if any, shall be maintained free of trash and stored materials and kept in a mowed and attractive manner. Undeveloped land shall not be used for parking. d. 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 the WC. ' 7. 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), the Applicant agrees that the City may enforce the, Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and terminating any Temporary Occupancy Permit which may have been granted. 8. Any Final Plot Plan approved becomes null and void if construction does not commence within 90 days of the MDS DRC-00013 Decision. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first. herein above written. APPLICANT ,;j. ~-o8 Date B0ff6~/ I~.II ;ltLV7jh-~~ ( , p/~//"'P STATE OF OREGON, County of Lane, It.{Y'i-f ~., 2008. Pe~sonally appeared the above named Dillard (Buck) Wright, representative of Alice Lynette Wright Trust, who acknowledged the foregoing instrument to be his voluntary act. Before me: t,:-:;,..:::,.-:.-~,:-....::::":J.:S.$~~';'~--- - -- - ---'i :~ '~~, OFFICIAL SEAL I ~' ffi:;. ::~ BRENDA JONES ':!i ';"!!-J;;'fJJ'! NOTARY PUBLIC. OREGON j j) \:~1iw' COMMISSION NO. 379218 ; <'1 ^t: ,:OMM'SS'ON EXPIRES MAY 27, 2003 j :,'~;::;:-::3~:::-;',-:,,~';(:;:';~.'~~i;!-~.;e:=?:35-r~~. .':.'~'~___~~" w CITY rF SPRINGFIELD L/ ,1., I (J( Date STATE OF OREGON, County of Lane, ~'" 2008. Personally appeared the above named Liz Miller , Development Services Department Planner , who acknowledged the foregoing instrument to' be his VOI~:::~~~~::::__~______" /1. ~j{#: ') '~. OFFICIAL SEAL 'I' ~1Y ::! ~~ BRENOAJ014ES; Notary Public for on :,/ ~~ NOTARY PUBLIC-OREGON . j '// '--'iidt"/ COMI"'SSION NO, m218 i ~ 'lA :;.00 r cas:i::~:;:~:;:::!?L~~r~;}~~ My Commission expires iJt~ ~eceived' if(lhr Planner: LM My Commission Expires ~ 'if1:HO r J{ 1<4j~ t4 . Ii) k - By: