HomeMy WebLinkAboutPlan Review Miscellaneous 1900-1-1
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MODIFICATION OF
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
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THIS MODIFIED DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into
this . . day of , 1989 (the "Effective Date") by and between the CITY
OF SPRING~IELD, hereinafter "City", and RUSSELL PHILLIPS (ROCKET PERFORMANCE) .
hereinafter "Applicant", in accordance with Section 31.090, and Section 3'070()tr),
3.080(3), 3.090(3), and 3.100(3). .
RECITALS . '
WHEREAS, on the day of , 1989, the City approved the Finql 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 (Journal Number 86-10-52).
The
requested
foll ows.
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
This agreement superseeds a Development Agreement signed on October 24,
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, including but not limited to, the following:
I, The installation of a 2 foot wide landscape strip shall be installed along the
frontage of Main Street. There shall be shrubs installed (minimum 5 gallon)
every 10 feet along this 2 foot wide landscape strip.
2. A 3 foot high wrought iron fence shall be installed along the back of the 2 foot
1 andscape stri p.
3, Required wheel stops and parking space striping shall be installed along the 34th
Street side of the building.
4, The rear portion of the property shall not be,used for outdoor storage until such
time as the property is screened by a sight-obscuring fence. A fence permit
shall be obtained prior to any fencing.
5. The rear (unpaved) portion of the property shall not be used for display or
parking until such time as the area is paved.
6.
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
7. 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.
Site Plan Development Agreement
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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. At the time of street improvements along South 34th Street the. following items
shall occur:
a, A 5 foot wide landscape strip shall be installed in accordance with the
attached Final Site Plan.
b. Street trees shall be installed.
c. The northern most curb cut along South 34th Street shall be closed.
These improvements shall be installed within 30 days of the completion of the
South 34th 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,
(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.
(c) Parking lots shall 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.
Site Plan Development Agreement
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(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 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.
Date
APPLICANT
BY:
BY:
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
CITY
BY:
Development Code Administrator
Date
STATE OF OREGON, County of
, 198___
Personally appeared the above named
, who acknowledged the foregoing instrument to
Before me:
be their voluntary act.
Notary Public for Oregon
My Commission expires
Site Plan Deve~~pment Agreement