Council Report 12-13-18 CC Mtg 01-02-19 w-Exh AN 18-0015
TO: Kent Studebaker, Mayor
Members of the City Council
FROM: Paul Espe, Associate Planner
SUBJECT: Ordinance 2800/AN 18-0015 - Annexing Property at 16202 Waluga Drive (21E07DD00300)
DATE: December 13, 2018 Date of Meeting: January 2, 2019
SUGGESTED MOTION
Move to adopt findings and enact Ordinance 2800.
EXECUTIVE SUMMARY/BACKGROUND
The proposed annexation is owner-initiated and will result in
the addition of approximately 0.46 acre s of residential land to
the City. This annexation is being processed under an
expedited review provided under Metro Code 3.09.045. This
Council report describes the reasons for the annexation and
provides basic background information. The criteria for
approving annexations and findings in support of this
annexation are included in Attachment B of Exhibit A-1.
Owner/Applicant: Bonnie White-Woods /Don Schollander.
Location/Size: The subject property consists of 0.46 acres (20,038 square feet) and is located on the east
side of Waluga Drive, approximately 100 feet north of the intersection of Waluga Drive and Madrona
Street .
Existing Land Use: Tax Lot 00300 is occupied by a single-family dwelling and takes access from Waluga
Drive.
Neighborhood: The property is located within the Lake Forest Neighborhood.
Purpose of Annexation: The property owner initiated the annexation to connect to City sewer service and
develop the property.
DISCUSSION
Plan and Zone Designation: The subject property is currently under Clackamas County’s jurisdiction and
zoned Low Density Residential R-8.5. It is designated R-7.5, Low Density Residential on the City of Lake
Oswego Comprehensive Plan Map and will be zoned R-7.5 upon annexation.
Page 2
Development Potential: This is a 0.46 acre parcel occupied by one single family dwelling. Based on the
size and shape of the parcel, the lot could possibly be divided into two lots.
Sensitive Lands: There are no Sensitive Lands designated on the property.
Sewer and Water Service: Sanitary sewer service is available from a City of Lake Oswego eight-inch
collection line approximately 135 feet south of the property at the intersection of Waluga Drive and
Madrona Street. A partition of this property would require that each parcel connect to the public sewer.
Future development would be required to construct an eight inch sanitary sewer line that extends 300 feet
from the intersection of Waluga Drive and Madrona Street to the north boundary line of this site. Upon
connection to the City collection line, the existing septic tank on the property will need to be
decommissioned per DEQ standards.
Water is available from a six-inch Lake Grove Water District line in in Waluga Drive along the site frontage.
The property will remain in the Lake Grove Water District (LGWD) and will continue to be a LGWD
customer. The nearest existing fire hydrant is located on the west side of Waluga Drive adjacent to the
north property line.
Service Districts: Upon annexation, the property will, by operation of ORS 222.520, be withdrawn from the
Lake Grove Fire District #57, the Surface Water Management Agency of Clackamas County and the
Clackamas County Enhanced Sheriff’s Patrol District, but will remain in the Lake Grove Park District and the
Lake Grove Water District.
Transportation: Waluga Drive is a two-lane Local Street under the maintenance jurisdiction and permitting
authority of the City of Lake Oswego. The Tri-Met Bus line 37, which operates between the Tualatin Park
and Ride and downtown Lake Oswego, provides the closest bus service to the property. Service can be
accessed at the intersection of Boones Ferry Road and Waluga Drive.
The draft findings provided in Attachment B of Exhibit A-1 conclude that the proposed annexation complies
with all applicable State statutes and Metro code requirements.
FISCAL IMPACT
The estimated assessed value of the residential propert y is $123,631. The estimated tax revenue after the
parcel is annexed is $320.
RECOMMENDATION
Approve AN 18-0015 (Ordinance 2800).
EXHIBITS
A-1 Ordinance 2800
Attachment A: Map of Proposed Annexation, 10/23/18
Attachment B: Criteria, Findings, Conclusion and Effective Date, 12/13/18
Ordinance 2800, AN 18-0015
(21E07DD00300) EXHIBIT A-1/PAGE 1 OF 3
ORDINANCE 2800
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL CONSISTING OF 0.46
ACRES AT 16202 WALUGA DRIVE; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO
LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 18-
0015).
WHEREAS, annexation to the City of Lake Oswego of the territory shown in the map in
Attachment “A” and described below, would constitute a contiguous boundary change under
ORS 222.111, initiated by petition from the property owners as outlined in ORS 222.111(2); and,
WHEREAS, the City has received consent for the proposed annexation from all of the property
owners and not less than 50 percent of the electors residing in the territory as outlined in ORS
222.125; and,
WHEREAS, the part of the territory that lies within the Lake Grove Fire District #57 will, by
operation of ORS 222.520, be withdrawn from that district immediately upon approval of the
annexation; and,
WHEREAS, the part of the territory that lies within the Clackamas County Enhanced Sheriff’s
Patrol District will, by operation of ORS 222.520, be withdrawn from the district upon approval
of the annexation; and,
WHEREAS, the part of the territory that lies within the Surface Water Management Agency of
Clackamas County will by operation of ORS 222.250 be withdrawn from that agency
immediately upon approval of the annexation; and,
WHEREAS, LOC 50.01.004.5 specifies that, where the Comprehensive Plan Map requires a
specific Zoning Map designation to be placed on the territory annexed to the City, such a zoning
designation shall automatically be imposed on the territory as of the effective date of the
annexation; and,
WHEREAS, this annexation is consistent with the Urbanization Chapter of the City of Lake
Oswego’s acknowledged Comprehensive Plan, Oregon Revised Statutes 222.111(2) and 222.125
for boundary changes, and Metro Code Sections 3.09.040(a)(1-4) and 3.09.045.
Now, therefore, the City of Lake Oswego ordains as follows:
Section 1. The real property described as follows is hereby annexed to the City of Lake
Oswego:
A tract of land located within the southeast quarter of Section 7, Township 2 South, Range 1
East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, more
particularly described as follows:
The north 165 feet of Lot 207, Map of Bryant Acres Plat 3 (Plat No. 442), plat records of
Clackamas County.
EXHIBIT A-1
AN 18-0015
Ordinance 2800, AN 18-0015
(21E07DD00300) EXHIBIT A-1/PAGE 2 OF 3
Excepting therefrom, all of that portion thereof lying within the right of way of Waluga Drive
(Bryant Way), said right of way being 30.00 feet wide.
The annexed territory is depicted on Attachment A.
Section 2. The annexed area lies within the following districts and shall be retained within
these districts upon the effective date of annexation:
Lake Grove Park District
Lake Grove Water District
Section 3. The annexed area lies within the following districts and shall be withdrawn from
these districts upon the effective date of annexation:
Lake Grove Fire District #57
Clackamas County Enhanced Sheriff’s Patrol District
Surface Water Management Agency of Clackamas County
Section 4. In accordance with LOC 50.01.004.5, the City zoning designation of R-7.5 shall be
applied to the subject property on the effective date of annexation, as shown on Attachment A.
Section 5. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Section 6. Effective Dates:
a. Effective Date of Decision to Annex. Pursuant to Metro Code 3.09.050(f), the
effective date of this annexation decision shall be immediately upon adoption, unless a
governmental entity that qualifies as a “necessary party” under Metro Code 3.09.020(j) has
contested this annexation, in which event this annexation decision shall be effective on the 10th
day following the mailing of this ordinance by the City Recorder to Metro and to all necessary
parties who appeared in this proceeding.
b. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 35.C, this ordinance shall be effective on the 30th day after its enactment.
c. Effective Date of Annexation. Following the filing of the annexation records with
the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the
later of either:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
or other municipal corporation involved in the area to be annexed, then the effective date of
the annexation shall be delayed until, and the annexation shall become effective on, the day
after the election.
Section 7. Mailing Copies of this Ordinance; Metro Notice
Ordinance 2800, AN 18-0015
(21E07DD00300) EXHIBIT A-1/PAGE 3 OF 3
Within 30 days following the date of adoption:
a. The City Recorder shall mail a copy of this ordinance to all persons and
governmental entities that appeared at the public hearing and requested a copy of the
ordinance following adoption.
b. The City Recorder shall mail a copy of this ordinance together with the applicable
mapping and notice fee charged by Metro pursuant to Metro Code 3.09.110, to the Metro Data
Resource Center, 600 NE Grand Ave., Portland, OR 97232.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on _______________day of _________________, 2019.
AYES:
NOES:
ABSTAIN:
EXCUSED:
________________________________
Kent Studebaker, Mayor
________________________________
Dated
ATTEST:
______________________________________
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
____________________________________
David Powell, City Attorney
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4347494687Madrona St WalugaDrBoonesFerryRdFirwood Rd
TL 00300
Annexation to the City of Lake OswegoAN18-0015/Ordinance 2800
R-7.5
WLG RMU
0 100 200 300Feet ³Lake OswegoCity Limits SubjectProperty
10/23/2018
Attachment A
Tax Lot ID:21E0 7DD00300City of Lake Oswe go:COMPREHENSIVE PLAN = R-7.5 , ResidentialZONING = R-7.5, Resid ential
Clacka ma s County:ZONING = R-8.5, Resid ential
R-7.5
GC
December 13, 2018
Ordinance 2800 (AN 18-0015) ATTACHMENT B/PAGE 1 OF 7
ATTACHMENT B
Criteria, Findings, Conclusion, and Effective Date
APPLICABLE CRITERIA:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2) - Annexation of Contiguous Territory, Authority and Procedure for
Annexation, Generally.
2. ORS 222.125 - Annexation by consent of all owners of land and the majority of electors.
B. Metro Code.
1. 3.09.040(a)(1-4) Minimum Requirements for Petitions.
2. 3.09.045 (A-E) Expedited Decisions.
C. Comprehensive Plan - Urbanization Chapter
1. Policy A-3: “The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is
the area within which the City shall be the eventual provider of the full range of urban
services.”
2. Policy C-3: “Ensure that annexation of new territory or expansion of Lake Oswego’s Urban
Services Boundary does not detract from the City’s ability to provide services to existing City
Residents.”
3. Policy C-4: “Prior to the annexation of non-island properties, ensure urban services are
available and adequate to serve the property or will be made available in a timely manner
by the City or a developer commensurate with the scale of the proposed development.”
FINDINGS:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2) Annexation of Contiguous Territory, Authority and Procedure for Annexation,
Generally.
ORS 222.111(2) provides that a proposal for annexation of territory to a City may be initiated by the
legislative body of the City, on its own motion, or by a petition to the legislative body of the City by owners
of real property in the territory to be annexed. The property owner has petitioned the City for this
annexation. The proposed annexation complies with this statute.
2. ORS 222.125 - Annexation by consent of all owners of land and the majority of electors.
ORS 222.125 states that an election need not be held on the question of annexation within the area
proposed to be annexed if all of the owners of land in the territory and not less than 50 percent of the
electors, if any, residing in the territory consent in writing to the annexation. The property owner has
consented to the annexation. No electors are residing on the property. The proposed annexation complies
with this statute.
December 13, 2018
Ordinance 2800 (AN 18-0015) ATTACHMENT B/PAGE 2 OF 7
B. Metro Code
1. 3.09.040 - Minimum Requirements for Petitions.
(A) A petition for a boundary change must contain the following information:
1) The jurisdiction of the reviewing entity to act on the petition;
2) A map and a legal description of the affected territory in the form prescribed by
the reviewing entity;
3) For minor boundary changes, the names and mailing addresses of all persons
owning property and all electors within the affected territory as shown in the
records of the tax assessor and county clerk; and,
4) For boundary changes under ORS 198.855 (3), 198.857, 222.125 or 222.170,
statements of consent to the annexation signed by the requisite number of owners
or electors.
The above information was submitted as required by Metro Code. The property owner has signed
the application and petition. A map and legal description in the form required by the City have
been included in the application materials and are on file. The owner has consented to the
annexation on the annexation petition, meeting the consent requirements of ORS 222.125. The
annexation petition complies with the Metro code requirements.
2. 3.09.045 – Expedited Decisions
A. The governing body of a city or Metro may use the process set forth in this section for
minor boundary changes for which the petition is accompanied by the written consents
of one hundred percent of property owners and at least fifty percent of the electors, if
any, within the affected territory. No public hearing is required.
B. The expedited process must provide for a minimum of 20 days notice prior to the date
set for decision to all necessary parties and other persons entitled to notice by the laws
of the city or Metro. The notice shall state that the petition is subject to the expedited
process unless a necessary party gives written notice of its objection to the boundary
change.
C. At least seven days prior to the date of decision the city or Metro shall make available to
the public a report that includes the following information:
1. The extent to which urban services are available to serve the affected territory,
including any extra- territorial extensions of service;
2. Whether the proposed boundary change will result in the withdrawal of the
affected territory from the legal boundary of any necessary party; and
3. The proposed effective date of the boundary change.
Metro Code 3.09.045 A. states that an expedited review of an annexation, where no public hearing
is required, can be considered by a governing body within the area proposed to be annexed if one
hundred percent of the property owners and not less than 50 percent of the electors, if any,
residing in the territory consent in writing to the annexation. The property owner has signed the
annexation application and has consented to this annexation. No electors reside on the property.
One hundred percent of the owners of this property have consented to this annexation.
December 13, 2018
Ordinance 2800 (AN 18-0015) ATTACHMENT B/PAGE 3 OF 7
Metro Code 3.09.045 B. requires a minimum of 20 days’ notice to all necessary parties prior to the
decision date unless a shorter time is agreed upon. The County, Metro and local service districts are
necessary parties under the Metro Code 3.09.020 J. and have been notified.
Metro Code 3.09.045 C. requires that the report discussing availability of urban services, withdrawal
of the affected territory and the proposed effective date of the boundary change be made available
at least seven days prior to the date of decision. The annexation report has been prepared and
made available within seven days of the public hearing.
The proposed annexation complies with the Metro Code.
D. To approve a boundary change through the expedited process the City shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065
The City has entered into - ORS 195.065 agreements with: 1) Lake Oswego School District, 2)
Lake Grove Fire District and 3) Clackamas County (for roadways). The intergovernmental
agreement with the Rivergrove Water District is not discussed in this section because it was
entered into before the adoption of ORS 195.065, and consequently does not include all of
the provisions necessary to be considered an “urban service agreement” under that statute.
Lake Oswego School District: The City and the Lake Oswego School District entered into an
ORS 195.065 urban service agreement for park services in July, 2003. The School District
operates the Lake Grove Swim Park located at 3800 Lakeview Boulevard. The agreement
states that the annexation of property by the City within the Lake Grove Park District (which
funds the swim park) shall not cause the withdrawal of the property from the district.
Lake Grove Fire District #57: The City and District entered into an ORS 195.065 urban service
agreement for fire protection in July, 2003. The agreement states that upon annexation of
property within the district by the City, the annexed property shall be withdrawn from the
District and the City shall provide fire protection services.
b. Any applicable annexation plan adopted pursuant to ORS 195.205.
There are no applicable annexation plans adopted pursuant to ORS 195.205 relating to the
affected territory.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party.
There are no ORS 195.020(2) cooperative agreements (which relate to special districts)
between the city and a necessary party.
d. Any applicable public facility plan adopted pursuant to a state wide
planning goal on public facilities and services
Sanitary sewer service is available from a City of Lake Oswego eight-inch collection line
located in Waluga Drive approximately 135 feet south of the site and has been constructed
in accordance with the City Wastewater Master Plan.
December 13, 2018
Ordinance 2800 (AN 18-0015) ATTACHMENT B/PAGE 4 OF 7
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: The subject property is currently designated R-8.5, Low Density
Residential on Clackamas County’s Comprehensive Plan and Zoning Maps. This property is
designated as Low Density Residential R-7.5 on the City’s Comprehensive Plan Map. Upon
annexation, a City zoning designation of R-7.5 will be applied to this parcel.
The City and County have coordinated their comprehensive plans within the Dual Interest
Area outlined in the City/County Urban Growth Management Agreement (dated February 4,
1992 and updated November 18, 1997), hence the City/County designations have been
determined to be compatible. Therefore, this annexation is consistent with the City’s
Comprehensive Plan Map.
Comprehensive Plan Policies: The Lake Oswego Comprehensive Plan contains the following
relevant language in the Urbanization chapter, Policy A-3: “The Urban Services Boundary (as
depicted on the Comprehensive Plan Map) is the area within which the City shall be the
eventual provider of the full range of urban services.” The proposed annexation and the
withdrawal of the property from the identified districts are consistent with this policy.
Policy C-3 states: “Ensure that annexation of new territory or expansion of Lake Oswego’s
Urban Services Boundary does not detract from the City’s ability to provide services to
existing City residents.”
The approval of this annexation will result in the addition of 0.46 acres to be served by the
City. As stated in Section 2(b)(1), the addition of this territory will not detract from the City’s
ability to provide police and fire protection to existing City residents. Annexation of this
property will not affect the City’s ability to provide parks and recreation services. Public
facilities, such as sewer and water are also found to be adequate to serve this site.
Comprehensive Plan Policy C-4 states: “Prior to the annexation of non-island properties,
ensure urban services are available and adequate to serve the property or will be made
available in a timely manner by the City or a developer commensurate with the scale of the
proposed development.” (The subject property on its own is not an island.)
Availability of urban services serving this property is discussed below:
Water: Water is available from a six-inch Lake Grove Water District line in Waluga Drive
along the site frontage. The property is within the district’s service boundary and is
connected to this water line. The property will continue as an LGWD customer after
annexation. Water service to the future development is subject to the review of the Lake
Grove Water District. The nearest existing fire hydrant is located on the west side of Waluga
Drive adjacent to the north property line of the subject property.
The City and the district agreed to construct an interconnection between the two water
systems and that the City will furnish and sell surplus water to the District under certain
conditions and set rates for district purchase of City water. The City Council also adopted a
resolution in 1994 (Resolution 94-22) indicating the city would not withdraw parcels from
the district upon annexation. The territory will not be withdrawn from the district upon
annexation.
December 13, 2018
Ordinance 2800 (AN 18-0015) ATTACHMENT B/PAGE 5 OF 7
Sewer: Sanitary sewer service is available from a City of Lake Oswego eight-inch collection
line approximately 135 feet south of the property at the intersection of Waluga Drive and
Madrona Street. A partition of this property would require that each parcel connect to the
public sewer. Future development would be required to construct an eight-inch sanitary
sewer line that extends 300 feet from the intersection of Waluga Drive and Madrona Street
to the north boundary line of this site. Upon connection to the City collection line, the
existing septic tank on the property will need to be decommissioned per DEQ standards.
Fire Protection: Lake Grove Fire District #57 provides fire protection services to the subject
property by agreement with the City of Lake Oswego. Upon annexation, the property will be
withdrawn from this fire district and served directly by the City. The Fire station on 4555
Jean Road, located southeast of the site, would be able to respond to emergencies under
the eight minute goal established in the Comprehensive Plan.
Police: Upon annexation, the subject property will be withdrawn from the Clackamas
County Enhanced Sheriff’s Patrol District and served by the City of Lake Oswego. The Lake
Oswego Police Department reviewed the proposal and indicated that it does not have any
concerns with serving this property upon annexation.
Parks and Open Space: The City has 537 acres of park and open space lands, or 14.6 acres
per 1,000 population. The parks nearest to this property are Waluga Park East, Waluga Park
West and Lamont Springs Natural Area. Waluga Park East and West are located north of
Oakridge Road and East and West of Waluga Drive. These two parks consist of 53 acres of
active and natural passive areas. West Waluga Park includes two lighted baseball fields, a
playground picnic shelters, lights and restrooms. Lamont Springs is a natural park with no
amenities for organized recreational activities. The City’s park system will not be
overburdened by any additional population annexed to the City with this application.
Lake Grove Park District: The Lake Grove Swim Park, managed by the Lake Oswego School
District, and funded by the Lake Grove Park District, is located at 3800 Lakeview Boulevard.
The swim park is approximately 1.3 acres in size with restroom, play and swim facilities. This
property will remain within the Lake Grove Park District following annexation.
Transportation - Streets and Mass Transit: Waluga Drive is a two-lane Local Street under the
maintenance jurisdiction and permitting authority of the City of Lake Oswego. The Tri Met
Bus line 37, which operates between the Tualatin Park and Ride and downtown Lake
Oswego, provides the closest bus service to the property. Service can be accessed at the
intersection of Boones Ferry Road and Waluga Drive.
Community Development Code Section 50.06.008.3 requires that all development be
provided with the following utility services: sanitary sewer, water, sidewalks, pedestrian and
bicycle paths, traffic control signs and devices, street lights, streets, and TV cable. These
utilities are now in place or can be put in place to serve this property.
In the event that future development occurs, an applicant for development is obligated to
construct all necessary public facilities to serve their development.
As noted above, police and fire services are available upon annexation. The amount of
protection provided will be similar to protection provided to other City residents because
the property proposed to be annexed is not isolated from other areas of the City.
December 13, 2018
Ordinance 2800 (AN 18-0015) ATTACHMENT B/PAGE 6 OF 7
Urban Growth Management Agreement: General Urbanization Policy 4.A.4 of the
Clackamas County Comprehensive Plan calls for the establishment of Urban Growth
Management Areas and Urban Growth Management Agreements to clarify planning
responsibilities between the County and cities for areas of mutual interest. Policy 4.A.5
directs the County to establish agreements with cities and service districts to clarify service
and infrastructure responsibilities for areas of mutual interest.
Similarly, the Lake Oswego Comprehensive Plan, Urbanization Chapter, Policy D-3, calls for
entering into and maintaining an Urban Growth Management Agreement (UGMA) with
Clackamas County for lands within the Urban Services Boundary. In furtherance of these
policies, the City and County have entered into an Urban Growth Management Agreement
that stipulates a mutual interest in coordinated land use planning, compatible
comprehensive plans and provision of urban services and facilities. This agreement ensures
coordination and consistency between the City and County comprehensive plans and
outlines responsibilities in providing services and managing growth within the Dual Interest
Area. Subsections 6 and 7, provided below, are applicable to annexations.
“6C. City and County Notice and Coordination:
The City shall provide notification to the County, and an opportunity to participate,
review and comment, at least 35 days prior to the first public hearing on all proposed
public facilities plans, legislative changes to the City Comprehensive Plan, or quasi-
judicial land use actions adjacent to, or in close proximity to unincorporated areas.
The City shall provide notice to the County of private or City initiated annexation
requests within five days of the filing of an application with the Portland
Metropolitan Boundary Commission.”
The Urban Growth Management Agreement specifies that the City notify the County of an
annexation request within five days of when it is submitted to the Boundary Commission.
There is no longer a Boundary Commission for the Portland Metropolitan area.
Staff relies on the notice requirements of Metro Code 3.09.045b, which requires notice 20
days prior to the annexation decision for all necessary parties (other governmental entities).
The notice shall state that the petition is subject to the expedited process unless a necessary
party gives written notice of its objection to the boundary change. The County is a
necessary party under the Metro Code definition and has been notified.
“7. City Annexations
A. The City may undertake annexations in the manner provided for by law within
the Dual Interest Area. The City annexation proposals shall include adjacent
road right-of-way to property proposed for annexation. The County shall not
oppose such annexations.
B. Upon annexation, the City shall assume jurisdiction of the County roads and
local access roads pursuant to a separate road transfer agreement between the City
and county.”
The City is undertaking this annexation in the manner provided for in the applicable ORS and
Metro Code for the territories that lie within the Dual Interest Area. This annexation is
consistent with the City and County comprehensive plans which have been coordinated in
December 13, 2018
Ordinance 2800 (AN 18-0015) ATTACHMENT B/PAGE 7 OF 7
the Dual Interest Area within the regional Urban Growth Boundary (UGB). The right of way
adjacent to this property is within the City Boundary and under the jurisdiction of the City of
Lake Oswego.
f. Any applicable concept plan
Consistency of the proposed boundary change with urban planning agreements is
mentioned under D(1)(c)above.
2. Consider whether the boundary change would
a. Promote the timely orderly and economic provision of public facilities and services
b. Affect the quality and quantity of urban services
c. Eliminate or avoid unnecessary duplication of facilities or services
Due to the proximity of the property to existing City services, this annexation will promote
the timely, orderly and economical extension of public facilities and services. The subject
property can readily be served with urban services and facilities. If and when additional
development occurs in the area, provision of public facilities and services will occur
consistent with the City’s adopted public facility master plans, ensuring that it does not
adversely affect the quality or quantity of urban services and avoiding unnecessary
duplication of facilities or services. Therefore, this boundary change is consistent with
criteria 2.a through 2.c.
(E) A city may not annex territory that lies outside the UGB except it may annex a lot or parcel
that lies partially within and partially outside the UGB.
The property to be annexed is located entirely within the City’s Urban Growth Boundary (UGB).
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 18-0015
complies with all applicable criteria and the annexation should be approved.
EFFECTIVE DATE:
A. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C.,
the ordinance shall be effective on the 30th day after its enactment.
B. Effective Date of Annexation. Following the filing of the annexation records with the
Secretary of State as required by ORS 222.177, this annexation shall be effective upon the later of:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State;
provided however that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or after
the deadline for filing notice of election before any other election held by any City, district or other
municipal corporation involved in the area to be annexed, then the effective date of the annexation
shall be delayed until, and the annexation shall become effective on, the day after the election.