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HomeMy WebLinkAboutPlan Review Miscellaneous 1988-3-9 .. . . I CJ.;;) , 9 1~CtA- ~~...' SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this '11 day of /'11l12C-J.I ,1988 (the "Effective Date") by and between the Cr'TY OF SPRINGFIEtD, he-reinafter "City", and JACK HEACOCK hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). * REC ITALS WHEREAS, on the 23rd day of February, 1988, the City approved Si~e P n Application submitted by the Applicant for the purpose of allowing: The installation of Minimum Development Standards to facilitate the occupancy of this site for uses permitted in the Community Commercial zoning district and discussed as part of this application (i.e., sheet metal contracting, auto detailing, retail sales with some manufacturing of canopies [less than 50 percent of the gross floor area devoted to the manufacturing]) on property located on the southeast corner of Main Street and South 22nd Streets; Assessor's Map 17-03-36-42 Tax Lot 03300. 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: 1. An Occupancy Inspection shall be required based upon the proposed tennants. 2. The striping of parking spaces and the installation spaces are determined by the use of the building. FInal SIte Plan is considered adequate for the proposed of wheel stops. Parking The parking shown on the uses. 3. The two curb cuts on Main Street will remain; the westerly curb cut on Main Street will remain because truck traffic from Roseboro Lumber sometimes blocks the South 22nd Street access. However, the westerly curb cut will be reduced to 16 feet and marked entrance only by using a painted arrow. In addition, the access form South 22nd Street will be reduced to 24 feet by installing concrete wheel stops or other similar permanent material. 4. The seven foot wide sidewalk along Main Street frontage will be offset at the west end to avoid the existing power pole. 5. Tne landscaping shown on the Final Site Plan is equivalent to or greater than the 5 foot linear strip required. Clustering the landscaping requirement and restriping the existing parking spaces allows for improved circulation in the parking area. 6. If trash receptacles or outdoor storage areas are to be used, they will have to be screened. ;). ;}.. \ ~ , fV\..... n Site Plan Development Agreement 1 . . , ,. , 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 ~pecific conditions imposed by the City as part of the Site Plan approval: 1. Signing of an Improvement Agreement for South 22nd Street. 2. Installation of all improvements to be complete within 3 months of the signing of this Agreement. 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. accordance with Section 31.080 this Agreement. The applicant has submitted a Final Site Plan in of the Springfield Development Code concurrently with 2. STANDARDS. The applicant agrees to fulfill all applicable standards , specified in the Springfield Development Code and the specific standards listed in J. 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. of trash shall not (d) Undeveloped land within the development area shall be maintained free and stored materials in a mowed and attractive manner. Undeveloped land be used for parking. Site Plan Development Agreement 2 .. . ~ .1 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 or terminating Applicant's Occupancy Permit. 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. A~~p~ANT7 /d (v: ~41'/~~~ / r /J/I,L~ /9 iJ -b IH,,--A / STATE OF OREGON, County of LAN G .;!1At?CM q , 1988 . Personally appeared the above named JACI(.. fAfA ,I !-f.GACCCv.- ,who acknowledged the foregoing instrument to De tnelr vOluntary act. Before me: .' ~ .<1 .'.1. ;-""" ~_ ./ L ,',;\' .. ':'.-{>.;--'" No~ary ~lt""for ~gon" '( i":I","" " :( " !\/ \ "; . . .... : ~\ .: II 11.\\~:r' ./ .-:.:~ ...- \' ,,-,.).)... " d;: 1);\". .',... B~ 9-73? Uate My Commission expires 3-4'C(2. ..' CITV 3."1' eg Oate B v: CvtMthC:::V \rvut4- D~l~~t Code Administrator STATE OF OREGON, County of LI+N<;; ~~Cl-j q , 1989. Personally appeared the above named hP~c-R.'" ~. /'1~ - ,who acknowledged the foregoing instrument to be their voluntary act. Before me: " , ,t \ .J, '. ,I" .i' ", l, " , I' ",' \' .... :\)'.- , , ~ \ " i. 'I \'' :" : j . J..: J , ,\ .' I' 0"\\',.''''- , II;: 1):\...."... ~/k Pu~ ~r Uregon Not<rry My Commission expires 3-4'12. Site Plan Development Agreement 3