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HomeMy WebLinkAboutPermit Miscellaneous 1996-3-6 , SITE PLAN REVIEW DEVELOPMENT COVENANT AND ASSURANCE THIS SITE PLAN REVIEW DEVELOPMENT COVENANT AND ASSURANCE, is executed on the 6 day of March , 1996 (the "Effective Date") by the CITY OF SPRINGFIELD, hereinafter, "Applicant", in accordance with Section 31,090, and Sections 3,070(3), 3,080(3),3,090(3), and 3,100(3), RECITALS WHEREAS on the ~ day of March approved: , 1996, a Site Plan submitted. by Applicant was CITY JOURNAL NUMBER 94-12-249. The City of Springfield Fire and Life Safety Department has submitted a Site Plan Review application to the City of Springfield Development Services Department for approval of the construction of an approximately 9,000 square foot Fire Station with parking and landscaping to serve the north Springfield area, The property is zoned Community Commercial (CC); the Gateway Refmement Plan and Metro Plan designations are Cc. The proposed use is considered a low impact public facility and is a permitted use in the CCDistrict (Ref. SDC 18.020(5)(b)). The subject property is located between Game Farm Road South and Pheasant Blvd" approximately 100 feet south of Oakdale Avenue (Assessor's Map 17-03-22-00, Tax Lot 2701), 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 aU the standards of the Springfield Development Code and Springfield , Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development Covenant and Assurance, Planning Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifica~ions or exceptions shaU be reduced to writing, WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified ~n the Springfield Development Code Section 3 I .090, Applicant agrees to comply with the foUowing specific conditions imposed by the City as part of the Site Plan approval: 1. All improvements must be constructed/installed as shown on the Final Site Plan dated March 6 , 1996, ' 2, The staff report stated that a trunk storm sewer line was proposed to be constructed just south of the Fire Station site from Pheasant Blvd. to Game farm Road South. Since it is unknown at this time when either constiuction will occur, construction of the Fire Station shaU be phased to aUow for the construction of the trunk storm sewer line. Rather than require the permanent location of the trunk storm sewer line now, a copy of the as-builts can be obtained from Springfield Public Works and placed in Planning's File for this application, 3. Street/Sidewalk Improvements. Sidewalks along the frontage of Pheasant and the improvement of Game Farm Road South were conditions of approval of this application. The recently approved Capitol Bond levy includes $173,000 to cover the cost of the foUowing improvements: (a) The Game Farm Road South street improvements include widening with paving, sidewalks, pavement markings, off-site pavement tapers and two street lights - $70,000; (b) Sidewalks along Pheasant Blvd, _ $10,000; and (c) Storm sewers - $93,000, Since construction plans are not available at this time, a copy of the as-builts can be obtained from Springfield Public Works and placed in Planning's File for this application. However. all reC!uired irrlOrovements shall he installed orior to occuoancy of the Fire Station. 4. Payment of all applicable Systems Development Charges will be required prior to the issuance of a building permit. P Development Covenant and Assurance Page I , ~ " ''/ ,THE,REFORE IN ~()NSIDERATION OF THE FOREGOING RECITALS WHICH ARE, EXPRESSLY MADRA PART OF THIS COVENANT AND,ASSURANCE,APPLICANT PROVIDES THE FOLLOWING COVENANT AND ASSURANCES: 1. " , FINAL Sn:'EPLAN. Applicant has submitted a Final Site Plan if! accordance withSection 31,080 of the Springfield Development Code, ' ' I " 2. STANDARDS. Applicant agrees to fulfill all applicable standards speCified in the Sprjngficyld Development Code and the specific standards listed in RECITALS prior to occupancy, unless certain , standards have been deferred to a later date in accordan~e with Section 3 1,1 10 of the Springfield' , Development Code., 3. ' CONDITIONS,. Applicant agrees to fulfill all specific conditions of approval I J , . . . listed in RECITALS ,prior to occupancy, unless certain conditions have been deferred to a later date in accordance wi'th Section 31.040( 4)(b) o~ the Springfield Deveiopm~nt Code; I 4. ' MoiHFICA TIONS, Any and all modifications to, the Final Site Plan shall be reviewed i~ accordance with Section 31,100 of the Springfield Development Code, 5.1 MAINTAINING THE USE. Applicant agrees to the following;. '(a) . The building and site shall be maintailled in accordance with the pj-ovision~ 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 inva<;iing 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 Devdopment Code. / ( c)' Parking lots shall be maintained by the property owner or tenant in a condition free of litter or dust, and dete'riorated pave~entconditions shall be improved to maintaip. confonnMt~, with these. ' standards. ' , ' , (d) Undevel<?ped land within, the development area shall be'maintain~d freeof~h and stored , materials in, a mowed arid attractive manner. Undeveloped ,land shall not be used for parking, 6, In addi#on to aIr other remedies whi~h may be provided bylaw or equity (including but not limited to penalties provided by applicable State Law or City 'Ordinances), Applicant agrees thatCity ~ay enforce Applic?llt's responsibilities by withholding Applicant's Final Occupancy Penn it, and ' tenninating any Temporary Occupancy Penn it which may have been granted. 7. Any Final Site ,Plan approved becomes null and void if Construction does not commence within two years of the date of this CovenMtt and Assurance, ' " t, ' IN WITNESS WHEREOF, Applicant has executed this Agreement as of the date(irst hereinabove written, :' , '" I, , , Dev:elopment Covenant and Assurance , Page 2 l' CITY 3/0 /qro By41t.Jo~ t:~-;</' Date f I City Manager U STAj'!19F ,f)/lJ~ ,County'of l~ /' . 51 LP / - - - ~rtL Pe,-,<i!>ally appcm-ed the ahove named 'l1:;f!.1llPi 1-- I. i~ who aoknO~Wledged the foregOin~g ins~me~t to be their voluntary act. OFfiCIA1.S=AL ,)NtM J~ ~ / A ,~ /l SHARON L HiGGINS Notary Public for _ ~ '7J'i{'vtJv! r... LfJ./Y U0 NOT.4RY PUElIC, OREGON '/"lt1 "7 ~ YJ COMMISSION NO. 026QS3 My Commission expires U f..L.:.LLO' LI-- MY COMMiSSION EXPIRES AUG. :;;8, 11[,;7 Development Covenant and Assurance Page 3