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HomeMy WebLinkAboutPermit Correspondence 5-4-19 SITE PlAN REVIEW DEVELOPMENT AGREEMENT , . .~ '. This DEVELOPMENT AGREEMENT, hereafter "~reemenf', is entered into this !7JJday of ~t n L . ,I I, 1$5 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "Oty", and _ (Yl ( (,./wti/!.-l./-hll-iJ.1-~ ,) hereinafter "Applicanf', in accordance \Nith Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3) and 3.100(3). RECITALS . l~ . , V\HEREAS, on the /1 day of -hY] L ,1995, the Oty approved the Site Plan Review Application submitted by the Applicant for the purpose of allo\Ning: CllY JOURNAL NUMBER 94-12-:259. Type II Site Plan ;:tpproval for a residential care facility for 88 elderly and handicapped individuals. The project \Nill be constructed in phases, \Nhich indudes 5 separate buildings housing no rrore than 15 persons in each building. The property i~ located on the north side of Qoverleaf loop (formerly lots 7-15 of Granada Phase II - Tax Map 17-03-22-42, Tax lots 6400,6500,6600,6700,6800,6900,7000,7100 and 7200). The property is zoned fv1edium Density Residential and is also designated for residential use in the ~tropolitan Plan. V\HEREAS, in consideration for Site Ran 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 \Nith all of the standards in the Springfield Development Code and the Springfield Municipal Code \Nhich may be applicable to this development project unless rTxx:lifiedor excepted by the Site Ran Review Development P9reement, Developr:nent Services Director, Planning Commission, Building Official or their agents, or the Rre Marshall, \Nhich modifications or exceptions shall be reduced to writing. V\HEREAS, in consideration for Site Ran approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, ONner agrees to comply \Nith the follo\Ning specific conditions imposed by the Oty as part of the Site Plan approval: . 1. All development shall comply \Nith the approved Rnal Site Plan. 2. The street pole in the vacated cul-de-sac shall either be returned to the Oty or purchased by the applicant prior to Final Occupancy. 3. A recorded copy of the seven foot-\Nide public utility easement prior to Final Occupancy. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS V'vHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE PS FOllOJ\S: . . 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance \Nith 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 the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance \Nith Section 31.110 of the Springfield Development Code. 3. CONDITIONS. The applicant agrees to fulfill all specific conditions of approval required by the Oty listed in the REaT ALS prior to oa::upancy, unless certain conditions have been deferred to a later date in accordance with Section 31.110 of the Springfield Developrrent Code. 4. rv1ODIFICATIONS. The Applicant agrees not to rrodify the approved Final Site Plan without first notifying the Oty. Modifications to the Rnal Site Plan shall be revie\\€d in accordance with Section 31.100 of the Springfield Developrrent Code. 5. MAJNTAlNING THE USE. The Applicant agrees to the following: (a) The building and site shall be maintained in accordance with the provisions of the Springfield Developrrent 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 Developrrent Code in an attractive manner free of weeds and other invading vegetation. In additiqn, plantings in the vision dearance area shall be tril. . I ~ to meet the 2 1/2 foot height standard in accordance with Section 32.070 of the Springfield Developrrent 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 (induding but not limited to penalties provided by applicable State Law or Oty CXdinances), Applicant agrees the Oty may enfOrce Applicanfs responsibilities by withholding Applicanfs Rnal Occupancy Permt, and terminating any Temporary Occupancy Permt which may have been granted. 7. My Rnal Site Plan approved becomes null and void if construction does not comnence within two years of the date of the agreerrent. IN WTNESS w-tEREOF, the Applicant and City have exea.rt:ed this ~reerrent as of the date first hereinabove \Mitten.' APPLICANT \ ./ L-\-\q, q.., Date t? BY:_ BY:_ 8T ATE OF OREGON, County of __ I!r. yj I I '1 .' 1995 Personally appeared the above named. .. . M I'Gh6.c~{ l-h.11 iL\ ClIA , who acknovvledged the foregOing Instrurrent to be their voluntary act. Before me: 1f~ JJ - ZitttL Notary Public for Q-egon , My Corrmssion expires /, -;;6 - q f:: e. ", -.- , ..' OFFICIAL SEiAL ElKE D LITTLE NOTARY PUBLIC - .OREGON COMMISSION NO. 035286 MY COMMISSION EXPIRES JUNE 26. 1998 .~: CITY ~-/J{( ( l C1 Dat~ BY: , la-.tL rtA\ "'. -; .J' "1." t, . ydl'J :-'- 'I ~),)) { fc~it';:;J- STATE OF OREGON, County of_ .(J--p~') I (Cj ,1995. Personally appeared the above narred -Lfi Ll l'P':l i _~ l e [( , who ackno\Nledged the foregoing instrument to be their voluntary act. , Before me: Ub~ f)~; Notary Public for G-egon My Corrmission expires _ to -;2. b'C{ g ,~. , , ' ' '" ' OFFICIAL SIiAL ElKE 0 LITTLE NOTARY PUBLIC - OREGON COMMISSION NO. 035286 MY COMMISSION EXPIRES JUNE 26, 1!m .