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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