HomeMy WebLinkAboutPlan Review Miscellaneous 1986-12-10
,.'
'.
.
.,
3305
Mom ~
~'+.''''
...,'[\'
-;"'-
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered
into this /ti:Z}"T>-+ day of~~.;p , 1986 (the "Effective Date") by
and betweentfie CITY OF ::'I'KHlbt!tLU, nerei nafter "City", and the SITE
PLAN REVIEW APPLICANT, 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 )..Lf~ day of c5<::.To~ . 1986. the City
approved Site Plan APP'1cation suumlttea oy tne Applicant for the
purpose of allowing:
The change in use of a building at 3305 Main Street for
occupancy of a boat sales and seryice business (Journal No.
86-10-52) .
,~-1/{
'v'71.
~
6~
~\W
WHEREAS, in consideration for Site Plan' approval , the issuance of
a Building Pennit, and th.e issuance of an. Occupancy Pennit, 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:
A ten foot combination sidewalk and public utility easement
for Main Street frontage [32.120 (5)].
An Improvement Agreement for full improvement of South 34th
Street, including curbs, gutters, sidewalk, stonn and
sanitary sewer, street lights and street trees [32.020
(10)(b)].
Closure and relocation of the existing Main Street approach
to the western edge of the property, or closure and submittal
of a joint use/maintenance agreement for the driveway
inunediately west of this property [32.020 (1)(b), 32.080
( 1)( a-b)] .
WHEREAS, in consideration for Site Plan approval, the issuance of
a Building Pennit, 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 applicant agrees to install a seven foot sidewalk
along the frontage of Main Street within 18 months of
final occupancy or when sidewalk becomes adjacent to
this property. whichever comes first. In lieu of
inunediate sidewalk installation, the applicant agrees to
install landscaping seven feet behind the curb so as to
affect the presence of a sidewalk. No vehicle
maneuvering or parking shall be allowed in this area.
r-
.
.
,
.
~
NOW THEREFORE
EXPRESSLY MAOE
FOLLOWS:
IN CONSIOERATION OF THE FOREGOING RECITALS WHICH ARE
A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
AGREEMENT
1. 'FINAL SITE PLAN. The applicant agrees to submit a Final Site
Plan in accordance with Section 31.080 of the Springfield Development
Code concurrently with this Agreement.
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 Oevelopment 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.
.E'"
;~1.,.;-4
"11"
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 conti nui ng obl i gati on 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
or tenant in a condition
pavement conditions shall
these standards.
shall be maintained by the property owner
free of litter or dust, and deteriorated
be improved to maintain conformance with
(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 equi tY. (i ncl udi ng but not limited to pena Hi es provi ded by
applicable state law or city ordinances) Applicant agrees that City may
enforce Applicant's responsibilities by withholding or terminating
Applicant's Occupancy Permit.
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.
12 - /D -<3~
uate
APPLICANT
BY: C~(K..~~/
8Y:?,"c-rl{ ~U;.._
~l. ,
I"2./lD / X"b
ua"te
CITY
BY: f/tR.-r?~
u~ve(;r~nt Coae Admlnlstrator
en,.
'.'.'~
..',~?:;.
,;,..'
(:....'
"
Slte Plan Development Agreement
3