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HomeMy WebLinkAboutMiscellaneous Notice 1996-7-16 . . BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST FOR DISCRETIONARY USE APPROVAL FOR CONSTRUCTION OF A COMMUNICATIONS TOWER LOCATED AT 2656 OLYMPIC STREET + + + JO. NO. 96-05-112 FINDINGS, CONCLUSIONS, AND FINAL ORDER NATURE OF TI-!E.-APPLlCATION THE REQUEST FOR DISCRETIONARY USE APPROVAL TO CONSTRUCT A PERSONAL COMMUNICATIONS SERVICE FACILITY AT 2656 OLYMPIC STREET FOR TAX LOT 102, ASSESSOR'S MAP 17-03-25-41. FFI F\fANT FACTS. CRITERIA AND FINDINGS. 1. On May 22, 1996, the following application was accepted: Applicant - Sprint Spectrum LP.; Journal Number 96-05-112; Assessor' Map 17-03-25-41, Tax Lot 102 2. The application was submitted in accordance with Article 3 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the Springfield Development Code, has been provided. 3. On July 16, 1996, a public hearing on the request for Discretionary Use approval to construct a personal communications service facility at 2656 Olympic Street, Tax Lot 102, Assessor's Map 17-03-25-41 was held. The Development Services Department staff notes, staff report and recommendation together with the testimony and submittals of the persons testifying at that hewing have been considered and are part of the record of this proceeding. .- CONCLUSION On the basis of this record, the request for Discretionary Use approval for construction of a personal communications facility is consistent with the criteria of Section 10.030 of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusions, in the attached staff report (Exhibit "A") and attached hereto. This application is APPROVED. . . ORDER, It is ,ORDERED by the Planning Commission of Springfield that Journal Number 96-05-112, Discretionary Use request, be APPROVED. This ORDER was presented to and approved by the Planning Commission on July 16, 1996, . JuuU Planni\l'g Commission Chairperson . ATTEST A YES: .. NOES: .R!" ABSENT: , ABSTAIN: .<< . .-' . . , SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "k)reement," is entered into this lG,-tJ....., day of cr~~ ' 1996 ( the "Effective Date") by and between the CITY OF SPRINGFIELD, reinafter"City"and So_rint S,?ectrurn L.P. ' . hereinafter "app' nt," in aa::ordance with Section 31.090 and Sections 3.070(3); 3.080(3), 3.090(3) amd 3.100(3). RECITALS w-iEREAS, on the 19th day of July, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER 9fW5-106 Type II Site Plan Review Application requesting approval for construction of a personal communications service (PCS) facility. The property is located at 2656 Olympic Street (Assessor's Map 17-03-25-41, Tax Lot 102). The property is zoned UghVMedium Industrial (LMI), and designated LMI in the Metro Plan. w-iEREAS, ,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 of the standards in the Springfield Develpment Code and the Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Revieo.v Development k)ree,..e..l, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshall, which modifications or exceptions shall be reduced to writing. w-iEREAS, 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: 1. All improvements must be constructedlinstalled as shown on the Rnal Site Plan prior to the final building inspection. 2. All conditions specified in the Notice of Decision must be fulfilled. (a) The original recorded Joint Use Atxess k)reement shall be retumed to the City. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS w-iICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 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 the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code. 3. C()NDITlONS. The applicant agrees to fulfill all specific conditions of approval . fl.,'" . . , required by the City listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to a tater 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 fir:st notifying the City. rv1odifications 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 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 dearance 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) 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 City Ordinances), Applicant agrees the City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy Pennit. and tenninating any Temporary Occupancy Pennit which may have been granted. 7. MY Final Site Plan approved becomes null and void if construction does not commence within two years of the date of the agr CCIIICI,I. ~ ., . . IN WITNESS Vl.HEREOF, the Applicant and Qty have executed this Agreement as of the date first hereinabove written. , Date 7/Zt../9(' / / APPUCANT B~U~~v y,JAC} fI-~ .!3Y: em. 'vh..-. ... / STATE OF OREGON, County of L/)a~;llrA.J - --IV\L~ 2..(., . 1996. Personally appeared the above named ~tll\J r/e. ,6b,,)~ . who acknowledged the foregoing instrument to be their voluntary ad. Before me: , .' OFFICIAL SEAL ] .~; BRENDA D. SLAVIN j.; ," NOTARY PUBLIC-OREGON . ' COMMISSION NO, 031392 ; fAY WMMISSION ExrmES JAN. 27. 1998 !{A1~_ D. ~~ Notary Pubiic for Oregon My Commission expires /-.;1. 7-9~ 7/3//9& CITY By:J?z/JL J:~ Date STATE OF OREGON, County of irw<: 1/.31 ,1996. Personally appeared the above named ._<,,A~J{ ...$u;y, rn i!r"R..<: voluntary ad. Before me: . who acknowledged the foregoing instrument to be hislher OFFICIAL SEAL . JULIA L SCOTT . ; 'NOTARY PUBLIC. OREGON \, , ",';2 COMMISSION NO. 046565 1.11 COMMISSION IXPIRES OCI. 31, 1i!9 . ~ f:d-e....: .;L. ~ Notary P~' for Oregon My Commission expires /0/3 I/? 1 . .) . t, 'l- 0 \/')! . . 9652561 DECLARATION OF EASEMENT KEUI.u HO.....l>,p 1. The undersigned,^hereinafter Grantor(s), states that the property more particularly described and set forth i~ Exhibit "A", attached hereto ~nd inc6rporated , herein by reference, is hereby declared, granted, conveyed and created to be a perpetual and non-exclusive easement f~r access, ingress and egress,. and driveway purposes. 2. Said easement is not personal or in gross but is appurtenant to each and every portion of the property.more particularly described and set forth in Exhibit "B", attached hereto and incorporated herein by reference. 3. Said easement'shall run with the properties herein described and shall be binding on and shall inure to the benefit of the parties hereto, their heirs, ~22~AUG.02'96"01REC 25.00 :Successors or assigns. 223~AUG.02'96"01PFUND 10.00 e22~AUG.02'Y6"01A&T FUND, 20.00 4. Said easement is made for the purpose of complying with the Springfield Development Code regarding the division or partition of land or any other development of land. As such, the City of Springfield shall also have the right and standing to secure judicial recognition and enforcement of the rights granted by this Declaration, and this easement shall not be, affected or negated by title or 'the merger of ti tie of the dominant and servient p,roperties in a common owner'. '5. Grantor(s) shall at all .times, and without' restriction, have the right to use the easement for purposes not inconsistent with the easement. DECLARATION OF EASEMENT 1 RET()R"I -ro: P<>(}l.,<' {.Jo(2$.5 i)€PT. zz.S- ('"'F'# SrJ<.C.t::T, 5p~wt;FleLD,o!:. 974)7 " Version 2.0 . 9652561 EXHIBIT A' . 12.18-95 Site Name: SPRINGFIELD Site Description Page 1 01 2 Site I. D.: 0878,: POR.015.08.5.2 Site situated in the City of Springfield. County of Lane. Stale of Oregon commonly described as follows: , 2656 Olympic Avenue Legal Description: , Situaced In the eiey of Springfield, Lene Councy, ~C&Ce of OIegon in the the Norcheast 1/4 at the Southeast 1/4 of Section 2' in Tovnship 17 South, Range , Vest of the Villamette Heridi&n and described a$ follov$: Ileing a portion of Lota 3 and 4 of the "ubdivhion pht of SC:JTHDUl PAl :IFIC INDUSTRtAL PARK NO,l, a8 platted and recorded in Soak 67 at feg. 23 in Lana Councy Orogon Plat Record", Lano County, Oregan, said portion bein& Ia01'o particularly described as follov,,: Co~encing at the Southea"t cornar of said Lot 4: thence Nor:h 88'03':0' V..t 253.20 feet along the South lina of said Lot 4 to the True Po~nt of Be,inning; chence leaving said true point of beginning and continuing al.ng said _ouch line of Lot 4 and the North line of the Lands described In ch, deed to Lonna and Har"h. Morsa recorded August 4, 1994 In Re~l 1980, Recept~on No. 9(57034 Offlcia1 Records for Lane County; Oregon, Nor~h 88'0]']0' Yes; 284.83 ~eet to th..North~sc corner of lase said lands: chene. Leaving said line and'corner North 01'54'01' East 172.04 feet In a direction line to the V,ster1y t rmlnus of that certain lIen"ra1 Easterly of 11ne of said lands desert' .ed in th deed to Varren!Hoverd partnership 83, having a bearing and distanct of Nort~ 88'03'30' Veat 538.00 feet; thence South 88'03'30' East 284.'0 reet along said general Eascer1y line Co the Northerly terminus of that, ertain ge,eral Eaeterly line of the aforesaid lands deed to C""'eron J. Yarrel, end Kev!, Howard (Rec. No. 9121896) having a bear ing and discenee of No: th 01' 53' ~~. Ea.t 172.04 feet: thence South 01'53'25' lIest 172.04 feet al, ng 1e." crid line returninc to the True Paint of Beginning. I ' ." ,j." Owner Initials <..., y' SSLP !nitials Note: Owner and SSLP may, at SSlP's option. replace this ExhIbit With an exhibit setting forth the legal description of the property on which the Site is located and/or an as-built drawing depicting the Slle. . -{Use this Exhibit A for pes Site Agreement, Memorand~m of PC,S Site Agreement. Option Agreement and Memorandum of Option Agreement) G:\POR TLA;-'; DIL EASINGIPS-087 BIPCSAGSHT, DOC J 4/5196 2:09 PM Versio,; 2.0 . 9652561 . 12.18-95 EXHIBIT A* Site Name: SPRINGFIELD Site DescriptJon Page 2 of 2 Site I. D.: 087B: POR.015.08.5.2 Sne situated in the City of Springfield, County of lane, Slate of Oregon commonly described as follows: 2656 Olympic Avenue PS-087B SPRINGFIELD Sketch of sne: , !:lL '!I."" PIL. Nt... "-- '''fcJo T OJ ~ G' I 4 .- , ~.A&~"'L"'-- 3. ! / '6iM.. ,r..~ .c....,." c....-..... o'f1t4A.. ....,/ Co.uu.r",- t..a ~ ""T"'.-J"-4..,..oo ---- -- ~t .. t,..t:! J5?/f,rL .,- D,uv.t... , ,I F.L .-- - 2:5'" 5rM~/L. '8LD". Owner Initials U ~ty' ({/' ~ I SSLP Innials Note: Owner and SSlP may, al SSLP.s opUon, replace Ihis Exhibit with an exhibit selling forth Ihe legal description of the property on which the Site is located and/or an as-bulK drawing depicting the S~e, '(Use lhis Exhlb~ A for pes Site Agreement. Memorandum of PCS Site Agreement. Oplion Agreemenl and Memorandum of Option Agreement.) G:\POR TlANDILEASlNGIPS-CB7BIPCSAGSIIT,DOC 4 4/5/96 2:09 PM .' ',' . 9652561 . EXHIBIT B o "O.:c H;; fl>a>"E: -5-58 " - ~ o ro " .-..c ... U'l "'0 - 0 III c::>,- /0':":." I .S ~ ~ c ~ . v '@ oc-tsa1 Ol....!!~" ~....lUIii:a 0- .2;-...1: 3: o c: 0 _ O::h6"OC - . ~ Q,lcU.2-E .... :s Q,l c 2 So-56iii rJ) U..:u ,S <:,;) "I I'~'" .D 0' '0 :'J "" a:: T"'" o C'\I C'\I ~ ~ " ~ 6 i ~~ u~ ~' ~ a: 1>> .~ 0 ~OQU :>0:>0 cc , , 00 UU "ii ~ ~ ~ jj :;. '" , N LEASE AREA DESCRIPTION: A Tract at land containing 717 square feet, more 01 less, localed in a portion lot J 0' SOUTHERN PAOflC INDUSTRIAL PARK NO. I whith is localed in the northeast quarter 01 the SOutheast quarter 0' Seclion 25, Township 17 South. Ron'ge 17 South, Willamelle tr.Ccr!dion, CHy 01 Spliny'ield. Lane County, Slole 01 Oregon, being more particularly described os follows: 8eginninq 01 0 5/8" iron rod with 0 yellow plos'ic cop marked "BRANCH ENG LS 2609" os shown on Survey No, 33063 marking the soulheost corner 01 Lot 3 of said SOUTHERN PACifiC INDUSmlAL PARK NO. I; thence lollowing the south line 01 said lot J South 88052'23" Wesl 0 distance 01"106.5J feet to 0 5/8" iton rod wilh Q yellow plastic cop marked "BRANCH ENG lS 2609" os shown on Survey No. 33063: 'hence Norlh 01012'15" West a dislonce 01 12.65 'eet to the "TRUE POINT Of BEGINNING. 'or thi1 description: thence South. 88052'23" West 0 distance of 26."8 'eet; thence North 01012'15" West Ii distance of 19.17 leel; thence North 52037'31" East 0 distance 01 17.61 leel; lhenee North 66052'23" East a distance 01 12,00 ,/eet; thence Soulh 01012'15" West 0 distance 01 30.00 leel to 'tho "TRUE POINT Of BEGINNING", tha terminus 01 this description. SUBJECT TO: All oa&c:m~nts, roslriclions and rights-a'-way 01 record and thaso common and apporenl on Iho land. 20 FOOT WIDE ACCESS EASEMENT: A 20.00 wid~ access easemenl located in a po;Uon lot 3 0' SOUTHERN PACifiC INDUSTRIAL PARK NO. I whiCh is located in "Ihe northeast quarter of lhb southeast quorter of Seclion 25, Township 17 Soulh, Range 17 South," Willametlo Meridian, Cily of Springfield, lone County, Stole 01 "Oregon, lying 10.00 leet on each side of the following described centerline: Beginning at a 5/8" iron rod with a yellow plo!;tic cop marked "BRANCH ENG lS 2609" os shown on Sur...ey No. 33083 marking Ihe southeast corner 01 Lot. .3 of said SOUlliERN PACifiC INOUSTRIAl PARK ~O. I; thence 'oUowing the soulh line 01 said Lot J South 88052'2)" West 0 distance of 106.53 'eet to 0 5/B. iron rod with a yellow plastic cap marked .BRANCH ENG lS 2609" os shown on Survey No. 33063; thenca continuing along the south line 01 sold Lot 3 South 66052'23" Wesl 0 distance 01 61.66 leet 10 tho "TRUE POINT Of BEGlNNINC. lor Ihis doscribed centerline; Ihenee Norlh 01012'15" West a distance of 50.65 ;.et; th~nce South 86052'23" East a distof\ce 01 61.66 lael to Ihe terminus 01 (his described centerline. SUBJECT TO: All easements. restfictions and rights-o'-way 01 "record and Ihoso common and apparent on the lana.