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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