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HomeMy WebLinkAboutPlan Review Building 1990-9-10 , ..__ ~ 'tI' . . SITE PLAN REVIEV DEVELOPMENT AGREEMENT 'd 'j)., THIS DEVELOPMENT AGREEMENT', hereinafter "Agreement", is entered into this ( - day of ~n:,cA{;,~ , 1990 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "Ci ty", and 11<<::- (;1<'.'" C~i1A? , hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). RECITALS * VHEREAS, on the 16th day of August, 1990, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of allowing: CITY JOURNAL NUMBER 90-03-38. Type I Site Plan requesting approval to expand the existing Child Center facility by adding two classrooms. The property is located at 3995 Marcola Road (Assessor's Map# 17-02-20~00; Tax Lot 00700). The property is, zoned Heavy Industrial (HI); the Metro Plan designation is Parks and Open Space. The existing use and proposed additions are considered non-conforming. A public hearing (Jo. No. 90-03-39) was held on May 2, 1990. The Planning Commission granted Discretionary Use approval for the expansion and modified the Site Plan conditions. VHEREAS, in consideration for Site Plan approval, the issuance 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 modifications or exceptions shall be reduced to writing. VHEREAS, in consideration for Site Plan approval,. the issuance 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 condi tions imposed by ,the Ci ty as part of the Si te Plan approval: 1. All improvements must be constructed/installed as shown on the Final' Site Plan dated August 16, 1990. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITA4S 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 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'Deve10pment Code. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of Site Plan Development Agreement 1 . .. " 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. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Plan vithout first notifying the City.. Modifications to the Final Site Plan shall be revieved in accordance vith Section 31.100 of the Springfield Development Code. \ \ 5. MAINTAINING THE USE. The applicant agrees to the folloving: (a) The building and site shall be maintained in accordance vith the provisions of the Springfield Development Code in order to continue the use. (b) It shall be the continuing obligation of the property ovner to maintain the planting required by Section ,31.)40 of the Springfield Development Code in an attractive manner free of veeds and other invading vegetation. In addition, p1antings in the vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance vith 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 vith these standards. ovner or tenant in a conditions shall be (d) Undeveloped land of trash and stored materials shall not be used for parking. vithin the development area shall be maintained free in a moved and attractive manner. Undeveloped land 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 Law or City Ordinances), Applicant agrees that City may enforce Applicant's responstbilities by vithholding 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'vithin one year of the date of this Agreement. ,IN VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. 7 -/c -,9cJ Date APPLICANT 4, .4 ~ # ~ BY: ~vhff..../' . / '- STATE OF OREGON, County of j'ey.>,. 1<> ' , 1990. R,l.-' waL~"'" be their voluntary act. BY: L.Af"iE. Personally appeared , , who acknowledged Before me: the above named ,the foregoing instrument to Site Plan Development Agreement 2 ........ \, . 9-28.'70 Date STATE OF OREGON, County'of q -ZA ,1990. ~yL< l<"o~"'" be .thei~v01untAry act. . . ~ ~k. Notar~rc-ror orego~~ My Commission expires ] - 't'- q 2- CITY ,__ ,> ~~ BY: ~ ~~ ~v~~ ~o~Administrator ~Ci.M.e Personally appeared , who acknowledged Before me: the above named the foregoing instrument to' a~ Notary Public [)(~ for Oregon My Commission expires 6-2~- 9q Site Plan Development Agreement 3