HomeMy WebLinkAboutPlan Review Miscellaneous 1989-3-13
~
e
.
~
-.1-
-
;./
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS\ DEVELQPMENT AGREEMENT, hereinafter "Agreement", is entered into this j;tjr..
day of Iv\ay(JI'- , 1989 (the "Effective Date") by and between the CIttor
SPRINGFIEuj, nerelnat'ter "City", and O.B. BIGGS JR., hereinafter "Applicant", in
accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3),*nd
3.100(3).
REC IT ALS
WHEREAS, on the e-)l1'\ay of llatrh, 1989, the City approved the Final Site
Plan Application submitted oy the APPllcanl:lror the purpose of allowing:
The change in use of property located at 4105 Main Street~permit retail/w esale
sales of used cars, pick-ups, RV's and motorcycles at. 4105 Main Street. ap
17-02-32~32 Tax Lot 02900. ~ _'
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 all the standardS of
the Springfield Development COde and Springfield Municipal COde which may be
applicable to this development project, including but not limited to, the following:
1. The closure of the driveway located on Main Street on Main Street or the
designation of this driveway as right turn exit only. The Final Site Plan needS
to show if this driveway will be closed or designated for right turn exit only.
2. Development in accordance with the Springfield Development COde and the Final
Site Plan.
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. Signing of an Improvement Agreement for South 41st Street.
2. A 5 foot landscape strip is required along all street frontages and where the
property abuts residential property. In recognition of the existing
circumstances, this requirement will be delayed until: 1) South 41st Street is
fully improved; and, 2) the solid fence along the south property line is
removed.
3. Any plants in the northwest corner of the property that present a vision
clearance problem must be replaced with low growing plants. EXCEPTION: Trees
whos lowest limbs are 8 feet high or more above grade.
4. It is not clear whether the paved area outside the fence is to be used for
display, customer parking or both. Four customer parking spaces must be striped
and provided ON-SITE.
Site Plan Development Agreement
1
.
-
....
"
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
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 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 with Section 31.110 of
the Springfield Development COde.
4. MODIFICATIONS.' The applicant agrees not to mOdi~ the ~pproved 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 corformance with these standards.
. ':
(d) Undeveloped land within the development area shall be maintained free
of trash and stored' materials in a 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 that City may enforce Applicant's responsibilities by
withholding Applicant's Final Occupancy Permit, and terminating any Temporary
Occupancy Permit which may have been granted.
Site Plan Development Agreement
2
'"""
.
.
;/
7. Any Final Site Plan approved becomes null and void if construction does not
commence within one year of the date of this Agreement.
IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
]/13/c;.Q
uate
'.
APPLICANTA / / / /7
BY: //P/7/~~/~
:.- //,
BY:
STATE OF OREGON,
/VI,tJ 12 CIA ( :1
0.& (1./b6,
De tnelr vOluntary
County of C./tN~
198~. personally appeared the above named
..JP.. , who acknowledged the foregoing instrument to
act. ~etore me:
.--/2
NOtary P'6'l'C" Tor
~~
uregon
My Commission expires J- 't - 9 2..
CITY
3113(97'
lJate
-
STATE OF OREGON , County of L-/tNt:;
~Ih2Cu . . i 3. ,198~. )iersona Ily appeared the above named
~<1Q,! S -"''''7T" , who acknowl edged the foregoi ng instrument to
De tnelr voluntary act. Before me:
~ ~k
Notary P~~ 1jregon'
My Commission expires :;'-Lr-9'L
Site Plan Development Agreement
3