HomeMy WebLinkAboutPlan Review Miscellaneous 1986-11-10
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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."
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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
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(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.
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APPLICANT ~ I
BY, .tfJ~,~~~,'
8Y:~ M ~t7)O
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CITY
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BY:G,~\~
V~ve I~e~ l.~~'-I\O~l m stratal'
Site Plan Development Agreement
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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."
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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.
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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
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(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.
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BY:
J 1/!6j9:lP
ate
CITY
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BY: G.~\~
'tf'1;ve '~eb l.JdfrJ:\'a~l nl strator
Site Plan Development Agreement
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