HomeMy WebLinkAboutPlan Review Miscellaneous 1900-1-1
C'......_R~
.
.
MODIFICATION OF
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
1l.
THIS MODIFIED DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into
this day of , 1989 (the "Effective Date") by and between the CITY
OF SPRINGFIELD, hereinafter "City", and RUSSELL PHILLIPS (ROCKET PERFORMANCE)
hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3),
3.080(3),3.090(3), and 3.100(3).
RECITALS
WHEREAS, on the day of , 1989, the City approved the Final Site
Plan Application submitted by the Applicant for the purpose of allowing:
The change in use of a building at 3305 Main Street for occupancy of a boat
sales and service business lJournal Number 86-10-52).
The
requested
fo llows.
1986.
.
applicant received preliminary site plan approval in October, 1986 and has
a change to standards of approval which have been reviewed and approved as
Th i s a9reement superseeds a 'Deve I opment Agreement signed on October 24,
WHEREAS, in consideration for Site Plan approval, the. issuance of a 8uilding
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 eastern most driveway on Main Street shall be temporarily closed by a
structure affixed to the ground (4x4's and a guard rail or other method approved
by the Transportation Division). The temporary closure shall be installed within
30 days of the signing of the Development Agreement.
2. The western most driveway on Main Street shall be striped as entrance only. The
striping shall be complete within 30 days of the signing of the Development
Agreement.
3. Required landscaping along Main Street shall be installed in the northeast corner
of the property. A minimum of 350 square feet of landscaping is required. A
landscaping plan shall be submitted and approved for this area. The landscaping
shall be installed within 30 days of the date of the signing of the Development
Agreement.
4. A Final Site Plan shall be submitted incorporating all above changes and the
enclosed Amended Development Agreement shall be signed and returned to the
Development Services Department no later than October 20, 1989.
5.
The applicant will contact
occupancy of the building.
have not been completed.
items.
the Building Inspector to discuss the status of your
It appears there are building related items which
Applicant agrees to complete all building related
I-- 6.
Before any outdoor storage shall occur a fence permit will
solid fence shall be installed.
be obtained and a
3305 (VIal'A 5+.
Site Plan Development Agreement
"-1
~ ~
.
.
7. Wheel stops will be installed for any parking stalls abutting landscape areas or
the building.
8. The applicant will keep boat trailers off the sidewalk. Trailers have been
observed encroaching onto the sidewalk.
9. The applicant will keep the site free of all portable signs and pennants.
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. The curb cut will be removed and replaced with standard curb, gutter and
sidewalk no later than upon completion of street improvements being completed
along South 34th Street.
2. 4. The site improvement required along South 34th Street shall include the
following:
a. A 5 foot landscape strip to be installed along the 34th Street frontage.
b. A driveway may be installed along South 34th Street a minimum of 75 feet
from the intersection of Main Street.
I
These improvements shall be installed concurrently with the construction of
South 34th Street. An inspection will be conducted upon completion of the
street improvements.
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 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.
Site Plan Deve,~ppment Agreement
.~ -
.
.
(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.
-f (c) Parking lots shall be maintained by the property owner or tenant in a
condition free of litter "'. ~__~, 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~~\u.s -\:''''''''c.....'''
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.
IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
APPLICANT
bate
BY:
BY:
STATE OF OREGON, County of
,198___. Personally appeared the above named
, who acknowledged the foregoing instrument to
be their voluntary act. Before me:
Notary Public for Oregon
My Commission expires
CITY
Date
BY:
Development Code Administrator
STATE OF OREGON, County of
, 198___.
be their voluntary act.
Personally appeared the above named
, who acknowledged the foregoing instrument to
Before me:
Notary Public for Oregon
My Commission expires
Site Plan Development Agreement
3