HomeMy WebLinkAboutPlan Review Building 1990-9-10
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SITE PLAN REVIEV DEVELOPMENT AGREEMENT
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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
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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
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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.
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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.
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Date
APPLICANT 4, .4 ~ # ~
BY: ~vhff..../' .
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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
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9-28.'70
Date
STATE OF OREGON, County'of
q -ZA ,1990.
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be .thei~v01untAry act.
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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
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for Oregon
My Commission expires
6-2~- 9q
Site Plan Development Agreement
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