Loading...
HomeMy WebLinkAboutPlan Review Miscellaneous 1988-9-27 , - , ~ I SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS ~~ELOPMENT AGREE~'ENT, herei nafter "Agreement", is entered into this {jf.:)r day of :::::'Lo\i.\'\~'{}U, 1988 (the "Effective Date") by and between the C11~ UF SPRIN~n~UJ, nereinafter "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 , 1988, the City approved the the Applicant for the purpose of WHEREAS, on' the 5th day of Auqp'iJ Final Site Plan ApPlIcatIon submItted by a 11 owi ng: Journal Number 88-07-117. Type I Site Plan requesting approval of additional. storage units along the perimeter of the existing site located at ,'3501 Olympic Street~ in Springfield, Oregon. Assessor's Map 17-02-30-43 Tax ~[ots 00100 and 00101. 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: The additional 3 foot building setback required along the Olympic Street frontage. The setback required for the storage buildings to be located along the south property linle will be determined by the fire rating option chosen (see exhibit 1). Two required parking spaces for the manager. 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: Signing of an Improvement Agreement for North 35th Street. Installation of a 5 foot landscape strip on private property along North 35th Street at the time of street improvements on North 35th Street. See Improvement Agreement. Site Plan Development Agreement 1 I , -- 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. (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. Site Plan Development Agreement 2 0" - I I 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. 1. \ \<; \&'6 Uate APPLICI\Jn BY: I~ V1U t'(..,!~19fY\1-r BY: ;"l\): _ .,..J .. La \L. vJ:~"l. r.,j0J l. t.'J(, \l,""..JOI~ 1 J!... STATE OF ~, County of ~~ P-o-...-t..vv i3, 19821. -. Persona IIY appeared the above named , who acknowledged the foregoing instrument to De tne1r vOluntary act. tietore me: ~.~~,,;J/ X L,-<-x Notary PuOI1C tor ~n ILL,v.C1 My Commission expires ~~ II, 1'if<"1 '/ " '1-27-89 uate CITY r-) '\~, 1.'\ BY:C'\~I'. ~ U~~~()~ooe ~am1n1strator STATE OF OREGON, County of ;:~~ Sg)>nJ;<1I1~ ~ I , 1981:> . I'ersona 1 IY appeared the above named ~~ ~ ~~ --- ,who acknowledged the foregoing instrument to De tne1r voluntary act. tie tore me: ~-;/ ~ Notary Puo 11 e---ror uregon My Commi ss i on expi res_ 3 - 4- - "14- Site Plan Development Agreement 3