HomeMy WebLinkAboutPlan Review Miscellaneous 1993-4-27
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this ?1tnday
of Am \,' , 1993 (the "Effective .Date") by and between the. CITY OF
SPRINGI'IELD, hereinafter "City", and Gary Dubray, hereinafter "Applicant", in accordance with
Sections 31,090, 3,070(3). 3,080(3). 3,090(3), and 3,100(3) of the Springfield Development Code,
RECITALS
WHEREAS, on the Q.1.th day of Av,..~, ,1993, the City approved the revised Final
Site Plan (Journal Number 92-11-215) sub~itted by the Applicant. as amended by the letter, with
addendum, to Lorne P'leger of the City's Building Safety Division from Steve Keating of Branch
Engineering, for the purpose of allowing the construction of a new paint shop as an expansion of the
existing auto body repair business at 4350 Main Street (Assessor's Map 17-02-32-31, Tax Lots 2300
$ 2301),
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 unless modified or excepted by
the Site Plan Review Development Agreement, Planning Director, Planning Commission, Building
Official or their agents, or the Fire Marshal, whic~ modifications or exceptions shall be reduced to
writing,
WHEREAS. in consideration for the 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. All improvements shall be constructedlinstalled as shown on the revised Final Site Plans dated
~;-' fl:: 1-, 1993, as amended by the letter, with addendum, to Lorne Pleger of the
Ciij'S Building Safety Division from Steve Keating of Branch Engineering, dated April 5, 1993;
provided howevenhil't sanitary sewer and storm drainage facilities and street improvements
shall be constructedfinstalled as approved by the City Engineer, and other utilities shall be
constructed installed as approved by the appropriate service providers,
2, All shrubs shall be a minimum of 5 gallons,
3. An approved underground irrigation system shall be provided for all proposed planted areas.
4. The minimum width for the shared aisle between the two handicapped parking spaces shall be
8 feet. One of the handicapped spaces shall be designated by an approved ,sign as, "van-
accessible." ..
5. All parking spaces fronting landscaped areas shall be provided with approved individual wheel
stops or extruded curbing.
6, Parking spaces 28 and 29 (as originally proposed) shall be relocated away from the driveway
to the west property line, The area originally proposed for spaces 28 and 29 shall be marked
with pavement striping and no parking signs, as approved by the City's Transportation Division,
to prevent this area from' being used for parking,
Site Plan Development Agreement Page 1
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THEREFORE, IN CONSIOERATION 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 31,040 of the
Springfield Development Code,
3, CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval reQuired by the
City listed in "RECITALS" priorto occupancy, unless certain conditions have been deferred to
a later date in accordance with Section 31,040(4Ilb) 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 31,040 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 SOllll 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 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
the City may enforce the 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
two years of the date of this Agreement,
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Site Plan Development Agreement Pa'ge 2
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IN WITNESS THEREOF, the Applicant and the City have executed this Agreement as of the date first
hereinafter written,
C/-2-7-9J
Date
BY:
STATE OF OREGON, County of Lane
A.PlZ.".. 1.."1 ,1993. Personally appeared the above named
6:...G'_'V \)Ll '?:;,I<.t.,y
who acknowledged the foregoing instrument to be their voluntary act. Before me:
,;::;{\~;~jX.Ct.. ~ 1 ^A~ ~ Cl Q \)_
..> ;._\.:~.,.... . ~-~~~/(.~~~:.;.":' Notary Public for Oregon
/[,i%n:(,~~l:Y;.;( My Commission expires '2 - \ q _q 4-
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CITY
BY:
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D~p;;;ent Services Director
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Date
STATE OF OREGON, County of Lane
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,1993. Personally appeared the above named
who acknowledged the foregoing instrument to be
'. OFFICIAL SEAL !
. !.. , JAHrCe L JAMISON '
, '", ,/ NOTARY PUBLIC - OREGON
COMMISSION NO,Ol9958
MY COMMr~:~ EXPIRES DEC. 18. 1996
My Commission expires
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Site Plan Development Agreement Page 3