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HomeMy WebLinkAboutMiscellaneous Miscellaneous 1993-7-14 .~:.~ '-. .,:.. '. . . SITE PLAN REVIEW DEVELOPMENT AGREEMENT , ' . l&- This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this I q day of :fJA.v- , 1993 (the "Effective Date") by and between the CITY OF SPRINGFIELD, he~eirkfter "City", and ~ e>tht.1>) hereinafter "Applicant", in accordance with Section 31.090, and Sectfon 3.070(3), 3.060(3), 3.090(3) and 3.100(3). " . . lt RECITALS - . ,~ J ' WHEREAS, on the "..\day of )\i-~, 1993, the City approved the Site Plan Review . Application submitted by the Applicant for the purpose of allowin9: CITY JOURNAL NUMBER 93-06-65. Type I Site Plan Modification requesting approval for an addition to a carwash. The property is located at 5610 Main Street, (Assessor's Map 17-02- 33-41 tax lots 2300,2600 and 2601). The property is zoned Community Commercial and is also designated for commercial use in the Metropolitan Plan. WHEREAS, in considerati9n 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 a9rees to comply with all of the standards in the Sprin9field Development Code and the Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshall, which modifications or exceptions shall be reduced to writing. WHEREAS, 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 conditions imposed by the City as part of the. Site Plan approval: " 1. Prior to final occupancy, the final site plan shall indicate: a. A 5-foot minimum setback from the residence on tax' lot 2600 to the new fence location. b. The. driveway flares shall be located entirely within tax lot 2601. THEREFORE IN CONSIDERATION OF THE FOREGOING ,RECITALS WHICH ARE EXPRESSLY MADE APART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section 31.060 of the Sprin9field Development Code. 2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in the RECITALS prior to Sit It) {V\(~\f\ s+ "<~~ < . . Site Plan Development Agreement Page 2 the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.11 0 of the Springfield Development Code. 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 Section 31.110 of the Springfield Development Code: 4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site Plan without first notifying the City. Modifications to the Final Site Plan shall be reviewed in accordance with Section 31.100 of the Springfield Development Code. 5. MAINTAINING THE USE. The Applicant agrees to the following: (a) The building and site shall be maintained in accordance with 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 be maintained free of trash and stored materials ina mowed and attractive manner. Undeveloped land shall not be used for , parking. . 6.. 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), Applicant agrees the 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 approves becomes null and void if construction does not commence within two years of the date of the agreement. ;,. -\.. . . Site Plan Development Agreement Page 3 IN WITNESSWHEREOF, the Applicant and City have executed this Agreement as of the date first hereinabove written. APPLICANT . () 7/LjCj3 Date BY: c-'. l )__ 00 \} Be-- 0 BY: . OffiCIAL SEAL ' ,_', LESLIE BARNUM !.~ ,,.' NOTARY PUBLIC. OREGON " ~,r" 'COMMiSSION NO. 02.(273 MY COMM:SS'ON EXPIRES MAY ~, 1997 STATE OF OREGON, County of ,L~ Tt.J... 1'1 ,19~ Personally appeared the above named . , 1)0-''''''' I'd 1<.",", d , who acknowledged the foregoing instrument to be their voluntary act. Before me: ' C:;P~I~fO~~ . S/Y/97 My Commission expires -1,.~ (gSte 0 STATE OF OREGON, County of ~~ . ~~ ,,/-, ,19~ Personally appeared the above named ~,,-:._.~ ~~ - ,who acknowledged the foregoing instrument to be their voluntary act. Before me: {4,/99~ BY: JtUL11.iL ' '--' iJi CITY " I ? LcY,-fIvt.J:: ?'t~ F5~ ----; ~J;ry Public for Oregon My Commission expires 5'1'1 /97 .. " . OffiCiAL SEAL ~ LESLIE BARNUM ~~, NClARY PUBLIC. OREGON ....'. COM......ISSION NO. 02.(273 MY COMM:S!ICN EXPIRES MAY 4. 1997