HomeMy WebLinkAboutItem 10 Urban Transitions LLC Metro Plan Amendment and Zone ChangeAGENDA ITEM SUMMARY Meeting Date: 10/7/2019
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DPW
Staff Phone No: 541/726-3784
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: REQUEST FOR METRO PLAN DIAGRAM AMENDMENT AND ZONE CHANGE FOR 13.6 ACRES OF PROPERTY AT 3522 & 3530 GAME FARM ROAD, CASES 811-19-000066-TYP3 AND 811-19-000065-TYP4.
ACTION REQUESTED:
Conduct a third reading of the following ordinance: AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) DIAGRAM BY REDESIGNATING APPROXIMATELY 13.6 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL (LDR) TO MIXED USE (MU);
CONCURRENTLY AMENDING THE GATEWAY REFINEMENT PLAN DIAGRAM BY
REDESIGNATING THE SAME APPROXIMATELY 13.6 ACRES OF LAND FROM LDR TO MU;
CONCURRENTLY AMENDING THE SPRINGFIELD ZONING MAP BY REZONING THE
SAME APPROXIMATELY 13.6 ACRES OF LAND FROM LDR TO MIXED USE COMMERCIAL
(MUC); ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
ISSUE STATEMENT:
The owner of the Patrician Mobile Home Park, Urban Transitions LLC, has submitted
applications requesting amendments to the Metro Plan and Gateway Refinement Plan and the Springfield Zoning Map for the 13.6-acre property at 3530 Game Farm Road. The proposal would re-designate the property to Mixed Use and rezone the property to Mixed Use Commercial
zoning allowing for future redevelopment with hospitality, tourism, restaurant, retail and higher
density residential uses.
ATTACHMENTS Attachment 1: Ordinance and Exhibits A & B Attachment 2: Applicant’s Final Written Rebuttal
DISCUSSION/ FINANCIAL IMPACT:
The City Council opened a public hearing at the regular meeting on September 3, 2019 and the public
hearing was closed at the regular meeting on September 16, 2019. The written record was held open
an additional seven days to September 23, 2019 to accept final written rebuttal testimony by the
applicant (Attachment 2). The City Council now has the complete record available for review in this matter, including testimony submitted during the Planning Commission public hearing, submittals made prior to or during the City Council public hearing, and written testimony submitted to the record during the City Council’s open record period. Recommendation: Consider the Planning Commission order and recommendation, written record for the proceedings, and public testimony from the public hearings on the proposal to amend the
adopted Metro Plan diagram, Gateway Refinement Plan diagram, and Springfield Zoning Map. The City Council may choose to approve, approve with conditions, or deny the request for Metro Plan Amendment and Zone Change. The Council may deliberate and adopt the attached
Ordinance as drafted, or provide staff with direction to amend the adopting Ordinance and provide supporting findings.
Depending upon the City Council’s direction, staff will bring a draft Ordinance forward for final adoption on October 21, 2019, or prepare alternate findings to support an amended Ordinance
that can be read and approved by the City Council at upcoming meetings in October and
November, 2019.
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CITY OF SPRINGFIELD, OREGON ORDINANCE NO.______________ (GENERAL)
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) DIAGRAM BY REDESIGNATING APPROXIMATELY 13.6 ACRES OF LAND FROM LOW DENSITY RESIDENTIAL (LDR) TO MIXED USE COMMERCIAL (MUC);
CONCURRENTLY AMENDING THE GATEWAY REFINEMENT PLAN DIAGRAM BY REDESIGNATING THE SAME APPROXIMATELY 13.6 ACRES OF LAND FROM LDR TO MUC; CONCURRENTLY AMENDING THE SPRINGFIELD ZONING MAP BY REZONING THE SAME
APPROXIMATELY 13.6 ACRES OF LAND FROM LDR TO MUC; ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, Section 5.14-100 of the Springfield Development Code (SDC) sets forth procedures for
Metro Plan diagram amendments; and
WHEREAS, Section 5.14-115.A of the SDC classifies amendments to the Metro Plan diagram for land
inside the Springfield City limits as being Type I Metro Plan amendments that require approval by Springfield only; and
WHEREAS, Section 5.14-125.A of the SDC sets forth procedures for property owners to initiate a Type I Metro Plan diagram amendment for property under their ownership; and
WHEREAS, the applicant/owner of the subject property initiated a Type I Metro Plan diagram amendment as follows:
Redesignate approximately 13.6 acres of property identified herein as 3522 & 3530 Game Farm Road (Assessor’s Map 17-03-15-40, Tax Lot 3100) as generally depicted and more particularly
described in Exhibit A to this Ordinance, from Low Density Residential to Mixed Use; and
WHEREAS, Section 5.22-110 of the SDC sets forth procedures for property owners to initiate an
amendment to the Springfield Zoning Map; and
WHEREAS, Section 5.22-110.A.1 sets forth procedures for concurrent amendments to the Metro Plan
diagram and Springfield Zoning Map through the Legislative Zoning Map amendment process; and
WHEREAS the applicant/owner of the subject property initiated the following Springfield Zoning Map amendment:
Rezone approximately 13.6 acres of property identified herein as 3522 & 3530 Game Farm Road
(Assessor’s Map 17-03-15-40, Tax Lot 3100), as generally depicted and more particularly described in Exhibit B to this Ordinance, from Low Density Residential to Mixed Use
Commercial; and WHEREAS, on May 7, 2019 the Springfield Planning Commission opened a public hearing on the
proposed Metro Plan diagram amendment request and concurrent request for Gateway Refinement Plan diagram and Zoning Map amendments; the public hearing was continued to May 21, 2019 and the
written record was extended to June 4, 2019; the Development & Public Works Department staff report,
including criteria of approval, findings and recommendations, together with the testimony and submittals of the persons testifying at that hearing, were considered and were made a part of the record of the
proceeding;
Attachment 1, Page 1 of 5
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WHEREAS, the Planning Commission met on June 4 and July 2, 2019 to conduct deliberations and
adopt a recommendation for the City Council; at the regular meeting on July 2, 2019, the Planning Commission voted 4 in favor and 3 opposed to forward a recommendation to the City Council not to
approve the proposed Metro Plan diagram, Gateway Refinement Plan diagram, and Zoning Map
amendments; and
WHEREAS, on September 3, 2019 the City Council held a public hearing to receive testimony and hear
comments on the proposals; and
WHEREAS, The City Council is now ready to take action on these proposals with due consideration given to the above recommendations of the Planning Commission and the evidence and testimony already in the record, as well as the evidence and testimony presented at this public hearing held in the
matter of adopting this Ordinance amending the Metro Plan diagram, Gateway Refinement Plan diagram, and Springfield Zoning Map; and
WHEREAS, substantial evidence exists within the record and the findings set forth in Exhibits C & D, attached hereto and incorporated herein by reference, that the proposal meets the relevant approval
criteria,
NOW, THEREFORE, BASED ON THE FOREGOING FINDINGS, THE COMMON COUNCIL OF THE
CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The above findings and conclusions are hereby adopted.
Section 2. The applicant narrative and staff reports and recommendations to this Ordinance
set forth in Exhibits C & D, attached hereto and incorporated herein by reference, are hereby adopted.
Section 3. The Metro Plan diagram designation of the subject property identified as 3522 &
3530 Game Farm Road (Assessor’s Map 17-03-15-40, Tax Lot 3100), generally depicted and more particularly described in Exhibit A attached hereto and incorporated herein by reference, is hereby
amended from Low Density Residential (LDR) to Mixed Use (MU).
Section 4. The Gateway Refinement Plan diagram designation of the subject property
identified as a portion of 3522 & 3530 Game Farm Road (Assessor’s Map 17-03-15-40, Tax Lot 3100),
generally depicted and more particularly described in Exhibit A attached hereto and incorporated herein by reference, is hereby amended from LDR to MU.
Section 5. The Springfield Zoning Map is hereby amended to rezone the subject property identified as 3522 & 3530 Game Farm Road (Assessor’s Map 17-03-15-40, Tax Lot 3100), generally
depicted and more particularly described in Exhibit B attached hereto and incorporated herein by
reference, from LDR to Mixed Use Commercial (MUC).
Section 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that holding shall not affect the
validity of the remaining portion of this Ordinance.
Section 7. Notwithstanding the effective date of ordinances as provided by Section 2.110 of
the Springfield Municipal Code 1997, this ordinance shall become effective 30 days from the date of passage by the City Council and approval by the Mayor or upon the date of acknowledgement as
provided in ORS 197.625, whichever date is later.
Attachment 1, Page 2 of 5
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ADOPTED by the City Council of the City of Springfield this ____ day of ______________, 2019 by a vote of ____for and ____ against.
APPROVED by the Mayor of the City of Springfield this ____ day of _______________, 2019.
_____________________ Mayor
ATTEST:
___________________________________________
City Recorder
Attachment 1, Page 3 of 5
PROPERTY REDESIGNATED FROM LOW DENSITY RESIDENTIAL TO MIXED USE
LEGAL DESCRIPTION
Real property in the City of Springfield, County of Lane, State of Oregon, described as follows:
Beginning at a point on the North line of the WILLIAM M. STEVENS DONATION LAND CLAIM NO. 46, in Township 17
South, Range 3 West of the Willamette Meridian, 709 feet South 89° 55’ East of the intersection of the North line of said
claim with the center of the main tract of the Oregonian Railroad, said point of intersection being, according to old
county surveys, South 89° 55’ East 383.8 feet from the Northwest corner of said claim; and running thence South 89° 55’
East along the North line of the claim 879.8 feet, thence South 06° 15’ East 238.3 feet, thence South 89° 44’ East 614.4
feet to the center of the County Road, thence South 33° 34’ East 246 feet, thence South 04° 18’ East 48.9 feet, thence
North 89°44’ West 1605 feet, thence North 06° 15’ West 488.6 feet to the point of beginning, being in said WILLIAM M.
STEVENS DONATION LAND CLAIM, in Lane County, Oregon.
Except the portion conveyed to the City of Springfield, to be used as a public road, in the Bargain and Sale Deed
recorded September 29, 1982, Reception No. 82-29288, Official Records, in Lane County, Oregon.
Also Except the portion conveyed to the City of Springfield, to be used as a public road, in the Bargain and Sale Deed
recorded May 19, 2005, Reception No. 2005-036716, Official Records, in Lane County, Oregon.
Beltline Rd
Deadmond Ferry Rd Game Farm Rd
EXHIBIT A, Page 1 of 1
Attachment 1, Page 4 of 5
PROPERTY REZONED FROM LOW DENSITY RESIDENTIAL TO MIXED USE COMMERCIAL
LEGAL DESCRIPTION
Real property in the City of Springfield, County of Lane, State of Oregon, described as follows:
Beginning at a point on the North line of the WILLIAM M. STEVENS DONATION LAND CLAIM NO. 46, in Township 17
South, Range 3 West of the Willamette Meridian, 709 feet South 89° 55’ East of the intersection of the North line of said
claim with the center of the main tract of the Oregonian Railroad, said point of intersection being, according to old
county surveys, South 89° 55’ East 383.8 feet from the Northwest corner of said claim; and running thence South 89° 55’
East along the North line of the claim 879.8 feet, thence South 06° 15’ East 238.3 feet, thence South 89° 44’ East 614.4
feet to the center of the County Road, thence South 33° 34’ East 246 feet, thence South 04° 18’ East 48.9 feet, thence
North 89°44’ West 1605 feet, thence North 06° 15’ West 488.6 feet to the point of beginning, being in said WILLIAM M.
STEVENS DONATION LAND CLAIM, in Lane County, Oregon.
Except the portion conveyed to the City of Springfield, to be used as a public road, in the Bargain and Sale Deed
recorded September 29, 1982, Reception No. 82-29288, Official Records, in Lane County, Oregon.
Also Except the portion conveyed to the City of Springfield, to be used as a public road, in the Bargain and Sale Deed
recorded May 19, 2005, Reception No. 2005-036716, Official Records, in Lane County, Oregon.
Beltline Rd
Deadmond Ferry Rd Game Farm Rd
EXHIBIT B, Page 1 of 1
Attachment 1, Page 5 of 5
PLANNING & DEVELOPMENT SERVICES 375 West 4th Ave., Ste 204
P.O. Box 50721 Eugene, OR 97405 541-514-1029
teresa@bishowconsulting.com
September 23, 2019
Mayor and City Councilors
c/o Andy Limbird
225 Fifth Street
Springfield, OR 97477
Sent via Email: alimbird@springfield-or.gov
RE: URBAN TRANSITIONS, LLC (811-19-000065-TYP4 and 811-19-000066-TYP3)
Please accept this letter on behalf of Urban Transitions, LLC (the “Applicant”) regarding
the proposed amendments to the Metro Plan Diagram, Gateway Refinement Plan, and
Springfield Zoning Map (811-19-000065-TYP4 and 811-19-000066-TYP3).
The question before the City Council is whether to allow: (1) redevelopment of the site for low-density residential use, or (2) a
mixed-use area with the prospect of a conference center. To
reiterate, the City Council’s denial of the applications will not result
in the long-term preservation of the mobile home park.
In a letter dated September 13, 2019, the Applicant responded to key issues raised
during the public hearing process. This correspondence encompasses Applicant’s final
rebuttal comments. The topics below in italics are themes that emerged in the final
public testimony.
1. The city administration and government should work with the owner on a
“When and How” strategy to minimize the negative impact on current
residents.
The Applicant is prepared to enter into negotiations with the City of Springfield to operate and maintain the park thru at least January 31,
2023.
The Applicant suggests that the negotiations on the details of the agreement occur
outside of the land use process and conclude by October 31, 2019. The Applicant offers this proposal not as a condition of approval on the land use decisions but to provide a
greater level of certainty to the tenants. The agreement would be effective concurrent
Attachment 2, Page 1 of 3
Urban Transitions LLC Page 2 of 3 Applicant’s Rebuttal Comments September 23, 2019
with the effective date of the change in zoning to Commercial Mixed Use and
exhaustion of any land use appeals. The agreement is not intended to be the formal park closure notice but to reflect a commitment to maintain the park thru at least
January 31, 2023.
Urban Transitions, LLC acquired the property on January 2, 2008. Currently, only 12
(or about 15%) of the manufactured dwellings are still occupied by the original households. The ownership of the remaining manufactured dwellings (85%) has
changed at least once since the park was acquired in 2008 by the Applicant.
On March 14, 2019, Urban Transitions, LLC gave all park residents notice of the intent
to submit the pending applications to the City of Springfield. At that time, 75 of the park spaces were rented to households who owned their mobile home. Since March 14,
2019, 8 of these homes were sold by former residents and are now occupied by new
residents. This reflects a 10% turnover in the past six months. About 44% of the
mobile homes owned by residents are occupied by households that purchased their
homes since January 1, 2016. Turnover in the park is normal and due to a variety of factors, including but not limited to health, monetary and change in life circumstances.
Urban Transitions, LLC can’t legally prevent or obstruct a current resident from selling
their mobile home. Provided the prospective buyer meets the criteria for renting space
in the park and agrees to follow the park’s Statement of Policy and Rules and Regulations, Urban Transitions, LLC is obligated to rent the ground space and allow the
sale transaction of the personal property mobile home to go forward. To minimize the
negative impact on current residents, Urban Transitions, LLC is striving to maintain and
operate the park as long as possible consistent with its redevelopment goals.
If the City Council approves the pending applications, prospective tenants (new home
buyers) will be provided information concerning the property’s new Commercial Mixed
Use zoning. Prospective tenants will also continue to receive information regarding
State law requirements for a landlord to provide compensation to a tenant following
written notice of a park closure.
2. Table the rezoning until a new city ordinance is passed mandating all
mobile home park owners to compensate tenants, in addition to ORS
90.610 mandatory compensation, up to current market values. Vote
against the rezoning until all current residents have a safe and affordable place to go.
State law prohibits cities from enacting new ordinances that require
mobile home park owners to compensate tenants beyond what is established in ORS 90.610. State law also prohibits cities from enacting new ordinances that prevent the closure of mobile home
parks.
Attachment 2, Page 2 of 3
Urban Transitions LLC Page 3 of 3 Applicant’s Rebuttal Comments September 23, 2019
In the event of a park closure, Urban Transitions, LLC will comply by State law and
provide tenants the required compensation. State law requires landlords to provide tenants compensation according to the size of the manufactured home (e.g., single-
wide, double-wide) and not based on local market conditions or assessed valuations.
This provides existing and future tenants certainty as to what financial compensation
they will receive in the event of a park closure. This information can be an important
factor in a tenant’s decision to purchase or make major repairs to a mobile home. This State law also gives owners of mobile home parks the ability to financially prepare for a
park closure and ensure sufficient funds are secured before initiating the process.
Urban Transitions, LLC has operated the park in good faith since January of 2008.
Approval of the requested plan amendments and zone change will implement numerous city policies and is consistent with Statewide Goals.
In closing, we appreciate the City Council’s consideration and believe there is
compelling evidence to support approval of both of the applications.
Sincerely,
Teresa Bishow
Teresa Bishow, AICP
Attachment 2, Page 3 of 3