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HomeMy WebLinkAboutPlan Review Miscellaneous 1986-11-10 _/ "~, , , , ~ o\cJ 'D()~~,!,"\\OY"" .~r' . " ?-1-/00 SITE PLAN REVIEW DEVELDPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this ;0 day of IJOUt'.i<11lj<,f ' 1986 (the "Effecti ve Date") by and between the CITY OF SPRINGFIEIU, nerel natter "City", and the SITE PLAN REVIEW APPLICANT, herei nafter "Appl i cant" , in accordance with Secti on 31.090, and Secti on 3.070(3), 3.080(3), 3.090(3), and 3.100(3). I.}.r, RECITALS , WHEREAS, on the In day of JUcJvemler7 1986, the City approved Site Plan Application subm~ by the APi" ",,",l,th' Lhe purpose of allowing: A change in use of an existing building at 17-03-36-41 Tax Lot 1400 from commercial/retail to autobody and parts storage. 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. Section 31.190(1) states "All parking areas shall have a durable, dust free surfacing of asphaltic concrete, Portland cement concrete or other materials in "accordance with the Building Safety Codes and approved by the Building Official. Parking lot surfacing shall not encroach upon the public right of way except where approved for access." 2. Section 31.170(4[3]) states "Required parking spaces shall be available for the parking of passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials. Spaces for company vehicles that remain on the premises over night shall be provided in addition to the number of spaces required by this Article." 3. Section 31.140(1) states "Unless otherwise specified in this Code, the areas of a lot which shall be planted include: (a) All required setback areas and any additional planting areas as specified in the appropriate zoning district." A five foot planting area shall be provided adjacent to property lines where parking and driveways are constructed. 4. Section 31.140(4) states "All new required planting areas shall be provided with a permanent under9round irrigation system unless a Landscape Architect submits written verification that the proposed plant materials will have at least a 90 percent survival rate over a 5 year period without an irrigation system." ..~- < . . -' 5. Section 32.080(1[c]) states "Access to designated State Highways shall be subject to the provisions of this Article in addition to requirements of the Highway Division, Oregon Department of Transportation. Where regulations of the City and State conflict, the more restrictive requirements shall apply." 6. Section 32.080(3) states "Driveways shall be designed safe and effi ci ent vehicul ar ingress and egress. " driveways shall have a minimum 24 foot width with 8 foot to a 11 ow Two way fl ares. WHEREAS, in consideration for Site Plan approval. the issuance of a Building Permit. and the issuance of a Temporary 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 within 60 days of the issuance of Temporary Occupancy: 1. Sidewalk installation shall match existing widths and setbacks. 2. Site surface drainage shall be connected to the existing system. 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 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 Development Code. The applicant agrees not to modify the approved Final notifying the City. Modifications to the Final Site in accordance with Section 31.100 of the Springfield 4. MODIFICATIONS. Site Plan without first Plan shall be reviewed 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 Development Agreement 2 v" .... , , ,- I' . . (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. (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 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. ua(!-~ APPLICANT ~ I BY, .tfJ~,~~~,' 8Y:~ M ~t7)O J I J!6J<;::tp ate .. CITY , C' BY:G,~\~ V~ve I~e~ l.~~'-I\O~l m stratal' Site Plan Development Agreement 3 ...... ~ -' ..1. ",7.-AI' . @"~ ..,,~ "'7 t;;.,'iil \5',;1 c' . . ~330 ,(/cWL 1 SITE PLAN REVIEW DEVELOPMENT AGREEMENT ~ THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this /0 day of /J()ut'!!Lbu" , 1986 (the "Effecti ve Date") by and between the CITY OF SPRINGFIEIU, here' natter "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 In day of j{)t:7I/'ttnM.r-;: 1986, the City approved Site Plan Application subm~ by the "P~";-''-Clf,t. fur' ,he purpose of allowing: A change in use of an existing building at 17-03-36-41 Tax Lot 1400 from commerCial/retail to autobody and parts storage. 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. Section 31.190(1) states "All parking areas shall have a durable, dust free surfacing of asphaltic concrete, portland cement concrete or other materials in accordance with the Building Safety Codes and approved by the 8uilding Official. ' Parking lot surfacing shall not encroach upon the public right of way except where approved for access." 2. Section 31.170(4[3]) states "Required park.ing spaces shall be available for the parking of passenger automobiles of residents, customers, patrons, and employees only, and shall not be used for storage of vehicles or materials. Spaces for company vehicles that remain on the premises over night shall be provided in addi ti on to the number of spaces requi red by thi sArti cl e." 3. Section 31.140(1) states "Unless otherwise specified in this Code, the areas of a lot which shall be planted include: (a) All required setback areas and any additional planting areas as specified in the appropriate zoning district." A five foot planting area shall be provided adjacent to property lines where parking and driveways are constructed. 4. Section 31.140(4) states "All new required planting areas shall be provided with a permanent underground irrigation system unless a Landscape Architect submits written verification that the proposed plant materials will have at least a 90 percent survival rate over a 5 year periOd without an irrigation system." ~__# C' . . r '---, @;{~'^' ,.,~ "~'P 5. Section 32.080(l[c)) states "Access to designated State Highways shall be sUbject to the provisions of this Article in addition to requirements of the Highway Division, Oregon Department of Transportation. Where regulations of the City and State conflict, the more restrictive requirements shall apply." 6. Section 32.080(3) states "Driveways shall be designed safe and efficient vehicular ingress and egress." driveways shall have a minimum 24 foot width with 8 foot to allow Two way fl ares. WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit. and the issuance of a Temporary 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 within 60 days of the issuance of Temporary Occupancy: 1. Sidewalk installation shall match existing widths and setbacks. 2. Site surface drainage shall be connected to the existing system. 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 agrees to submit a Final Site Plan in accordance with Section 31.080 of the Springfield Oevelopment Code concurrently with this Agreement. 2. STANOAROS. 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 Development Agreement 2 ...... ~. .. "--' f''' ~ ~ ~ C.' . . , (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. (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 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. ual!-~ ,8Y: BY: J 1/!6j9:lP ate CITY . C' BY: G.~\~ 'tf'1;ve '~eb l.JdfrJ:\'a~l nl strator Site Plan Development Agreement 3