HomeMy WebLinkAboutPlan Review Miscellaneous 1990-9-13
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SITE PLAN REVIEY DEVELOPMENT AGREEMENT
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THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered Into thIS l-l
day of S GPrGI'4J.~, 1990 (the "Et'~ective Daten) by and between the' CITY OF
SPRINGFIELD,' hereinafter "Ci ty", and . H4i(VG'1 R. JV\AODltJt;.. ,
hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3i,
3.080(3), 3.090(3), and 3.100(3).
RECITALS
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YHEREAS, on the 10th day of September, 1990, the City approved the Final Site
Plan' Application submitted by the Applicant for the purpose of allowing:
CITY JOURNAL NUMBER 90-03-40. Type I Site Plan requesting approval for a. change of
use from automotive to motorcycle parts and servicing. The property is located at
4195 Main Street (Assessor's Map 17-02-32-32; Tax Lot 2200). The property is zoned
Community Commercial (CC); the Mid-Springfield Refinement Plan designation is
Community Commercial. The sale of motorcycle parts and motorcycle servicing are
permitted in the CC District, however, parting out of bikes requires a wrecking
license. Yrecking yards are permitted only in the Heavy Industrial District.
YHEREAS, 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.
YHEREAS, 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 City as part of the Site .Plan approval:
1. The portion of the parking lot shown on the Final Site Plan needs to be paved by
August 8, 1992 as specified in the Promissory Note.
2.' Landscaping shown on the Final Site Plan needs to pe installed at the time of the
improvement of South 42nd Street.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS YHICH ARE EXPRESSLY MADE A PART
OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOYS:
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.
specified
RECITALS
STANDARDS. The applicant agrees to fulfill .all applicable standards
in the Springfield Development Code and' the specific standards listed in
prior to occupancy, unless certain standards have been deferred to a later
Site Plan Development Agreement
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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 31.040(4)(b)
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 wi th Section 31.100 of the Springfield Deve10pm'ent 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
condition free of litter or dust, and deteriorated pavement
improved to maintain conformance with.these standards.
owner or tenant in a
condi tions shall be,
(d) Undeveloped land
of trash and stored materials
shall not be used for parking.
within the development area shall be maintained free
in a mowed and attractive manner. Uhdeveloped land
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.
7. Any Final Site Plan approved becomes null and void if construction does not
commence,within one year,of the date of this Agreement.
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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 ,
BY: ?i~-/~ ~{ ~kl~L7l~
BY:
STATE OF OREGON, County of
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'~TeM{I..(;)? 1.1, 1990.
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Personally appeared the above named
Site Plan Development Agreement
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be their voluntary act.
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.Date
STATE OF OREGON,
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bethei~ voluntary
County of
, 1990.
act.
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Je I wha acknowledged the foregaing instrument to
Before me:
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Notary ~c far Oregon /
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My. Commission expires
CITY, . _ / /:::'
BY: ../A A "/..--
Devel~nt~od-e Administratar
Jan"'.
Personally appeared
I who acknowledged
Before me:
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Notary Public
the above named
the foregoing instrument to
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for Oregon
My Commission e~pires h -2b - '1'-1
Site Plan Development Agreement
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