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Council Report 09-17-19 CC Mtg 10-01-19 w-Exh AN 19-0005c o4t'p` E 4- COUNCIL REPORT r6 v _ Ins~ EG9� Subject: Ordinance 2827 Annexing Property at 5510 Washington Court (AN 19-0005) Report Date: September 17, 2019 Staff Member: Paul Espe, Associate Planner Meeting Date: October 1, 2019 Department: Planning and Building Services Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑X Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: This annexation is being processed under ❑ Council Direction an expedited review provided under Metro Code ❑X Consent Agenda 3.09.045. Staff Recommendation: Enact Ordinance 2827 Recommended Language for Motion: Move to enact Ordinance 2827 Project/Issue Relates To: ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable EXECUTIVE SUMMARY/BACKGROUND The proposed annexation is owner-initiated and will result in the addition of approximately 0.29 acres of residential land to the City. This annexation is being processed as 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 approval criteria and findings in support of this annexation are included in Attachment B of Exhibit A-1. Owner/Applicant: Jan Crider/ Dan Crider Location/Size: The subject property (without the Right of way) consists of 0.29 acres (12,632 square feet) and is located on the southwest corner of Washington Court and Inverurie Road. Existing Land Use: Tax Lot 00100 is occupied by a single-family dwelling and takes access from Inverurie Road. 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. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 DISCUSSION Plan and Zone Designation: The subject property is y,,., �� � 16605 16626 16637 16622 R-7.5 currently under Clackamas County's jurisdiction and 66 (;�m •6. f�y 16676 16675 zoned Low Density Residential R-10. It is designated R- o �6. 16666 6 osr 16 m 16691 g) 7.5, Low Density Residential on the City of Lake Oswego : ,���ryh ^,6\ c 16678 Comprehensive Plan Map and will be zoned R-7.5 upon �6 �'`a a� s� '6'�'� 16712 L s6 15 N c annexation. ti &/ , 'cs c s'CFI ff Development Potential: This is a 0.29 acre parcel Washington , cr � occupied by a single-family dwelling. Based on the size 7 I N '/'wf% 16808 4 and shape of the parcel, it could not be further divided. 5 16814 4 N a � F 4 16915 Sensitive Lands: There are no Sensitive Lands designated 1 6 16820 16919 16911 L' 16814 on the property. `, `. i 16840 u, v 16820 PNA CD thGn Statewide Goal 10 and Complete Neighborhoods and 16850 pa`" 16824 s90� Housing 16660 �"'�� New R-7.5 Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing Goal in the City Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process to help reduce housing costs. Staff has provided findings (Exhibit A-1 Attachment B) that the proposed annexation and designation of City R-7.5 zoning are consistent with the Comprehensive Plan, which anticipates the City eventually annexing all of the unincorporated lands that exist within the USB. The proposal has no effect on the City's Buildable Lands Inventory or Housing Needs Analysis and therefore complies with Goal 10. Sewer and Water Service: Sanitary sewer service is available from eight-inch City of Lake Oswego collection lines in Washington Court and Inverurie Road along these frontages. The City as-built engineering plans indicate that a connection point is located in the Inverurie Road sewer main near the southeast corner of the 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 an eight-inch Lake Grove Water District (LGWD) line in Washington Court along the site frontage. The property will remain in the LGWD and will continue to be a LGWD customer. The nearest existing fire hydrant is located approximately 160 feet north of the site along the west side of Lake Forest Blvd. 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: Washington Court is a two-lane Local Street within a 40 foot right of way. Inverurie Road is a two lane local level road within a 30 foot right of way. Both streets are under the maintenance jurisdiction and permitting authority of the City of Lake Oswego. The Tri Met Bus line 37, which operates 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 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 Washington Court. 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 property is $170,932. The estimated tax revenue after this lot is annexed is $442.00. RECOMMENDATION Approve AN 19-0005 (Ordinance 2827). EXHIBITS A. Draft Ordinance A-1 Ordinance 2827 (Draft 09/13/19) Attachment A: Map of Proposed Annexation, 08/06/19 Attachment B: Criteria, Findings, Conclusion and Effective Date, 09/17/19 B. Minutes None C. Staff Reports None D. Graphics/Plans None E. Written Materials E-1 Buildable Lands Inventory (2013 Comprehensive Plan, Economic Opportunities Analysis, excerpt), 03/18/13 E-2 Housing Needs Analysis (2013 Comprehensive Plan, excerpt), 03/19/13 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city DRAFT 09/13/19 ORDINANCE 2827 AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL AND THE PUBLIC RIGHT-OF-WAY, CONSISTING OF 0.29 ACRES AT 5510 WASHINGTON COURT; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 19-0005). 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 222.520 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 northwest quarter of Section 18, Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, more particularly described as follows: Beginning at the northeast corner of Lot 1, Map of Rosewood (Plat No. 102), plat records of Clackamas County; Thence South 0°22' East, along the easterly line of said Lot 1, 125.00 feet; Ordinance 2827,AN 19-0005 (21E18BA00100) EXHIBIT A-1/PAGE 1 OF 3 DRAFT 09/13/19 Thence leaving said easterly line, North 89°20' West, parallel with the northerly line of said Lot 1, 100.00 feet; Thence leaving said parallel line, North 0°22' West, parallel with said easterly line of Lot 1, 125.00 feet, said point being on the northerly line of said Lot 1; Thence leaving said parallel line, South 89°20' East, along said northerly line, 100.00 feet to the point of beginning. Together with a 30.00-foot wide portion of Inverurie Road right-of-way, said portion being along the easterly line of said Lot 1, said portion being bounded northly by the easterly extension of the northerly line of said Lot 1; and bounded southerly by a line running parallel with and 125.00 feet southerly of said easterly extension of the northerly line of Lot 1. 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: Library District of Clackamas County 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 Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C, this 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 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 Ordinance 2827,AN 19-0005 (21E18BA00100) EXHIBIT A-1/PAGE 2 OF 3 DRAFT 09/13/19 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, the annexation shall become effective on the day after the election. 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 Ordinance 2827,AN 19-0005 (21E18BA00100) EXHIBIT A-1/PAGE 3 OF 3 b3N Annexation to the City of Lake Oswego AN 19-0005/Ordinance 2827 Nb° �1\ ��° co5`L 16605 16626 i 16637 16622 1\�� 4 N 9. I R-7.5 ,01 , ,lp`b a) 16676 111 16675 .�ccb o '\c° bbL 16666 o . 1'\N Os� ►NG°A > 16678 16691 Q �o `� '`�'� �iG� ,`o�� 7� 16712 01 I 01 6' al 01 CO 01 s�o �,` ' s ,Q cS _ u S7� cri Cn Washington Ct "' r- Cil 7 COC 01 01 01 16808v, rn oCo N 01 U, a O N -P ry -1 0, U 5 16814 0 , o N 1 16820 1 16915 73 16911 16814 COU 169 9 1 16840 01 01 01 01 01 a) 16820 PNA CO 0) - N CD N \ CP CP CP Cn 01 ` \ = 7 16850 Park > �`YO U 0101 c 16824 tr 16860 � Q Nei R-7.5 v, v, / .1_6. / c Attachment A � `��\ • Tax Lot Ds: 21 E18BA00100 \ \ - City of Lake Oswego: �' ^ I P COMPREHENSIVE PLAN = R-7.5, Residential ZONING = R-7.5, Residential • ,; �i Clackamas County: N �� ZONING = R-10, Residential ,� ———1 ,� 1 1 Lake Oswego 1111 Subject 7, ^ — L__, City Limits Properties c 7� 0 75 150 225 300 is Feet 8/6/2019 = i� \ \ I v I I - / \ September 17, 2019 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 this lot or will be made available in a timely manner by the City or a developer commensurate with the scale of the proposed development." D. Comprehensive Plan —Complete Neighborhoods and Housing (Statewide Goal 10) 1. Policy B-1: "Provide and maintain zoning and development regulation that allow the opportunity to develop an adequate supply and variety of housing types, and that accommodate the needs of existing and future Lake Oswego Residents." E. 1. OAR 660-008-0010 Allocation of Buildable Land 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 and the applicant have petitioned the City for this annexation. The proposed annexation complies with this statute. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 1 OF 9 September 17, 2019 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 and the electors residing on the property, have consented to the annexation. The proposed annexation complies with this statute. B. Metro Code 1. 3.09.040 - 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 and applicant, along with the electors residing on the property, have 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 Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 2 OF 9 September 17, 2019 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 and electors have has signed the annexation application and petition. One hundred percent of the owners and electors have consented to this annexation. Metro Code 3.09.045 B. requires a minimum of 20 days' notice to all necessary parties prior to the decision date. The County, Metro and local service districts are the necessary parties under the Metro Code 3.09.020 J. and all have been notified on September 11, 20 days before the scheduled decision date. 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 on September 18, more than seven days prior to the public meeting. 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 is not in the Rivergrove Water District and this agreement 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. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 3 OF 9 September 17, 2019 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 statewide planning goal on public facilities and services. The City considers the local streets, sanitary sewer, water, and storm water facilities in its long-range planning, as these facilities are included in unincorporated properties that are within Lake Oswego's Urban Services Boundary. Planning for these facilities is the basis for the city's Transportation System Plan, Wastewater Master Plan, Water System Master Plan, and Clean Streams (Storm Water) Plan, pursuant to Statewide Planning Goals 11 (Public Facilities) and 12 (Transportation). Waste Water Master Plan: Sanitary sewer service is available from eight-inch City of Lake Oswego collection lines in Washington Court and Inverurie Road along the site frontages. These collection lines have been constructed and are being maintained in accordance with the City Wastewater Master Plan. Water System Master Plan: Water is available from an eight-inch Lake Grove Water District line in Washington Court along the site frontage. The property will remain in the LGWD and will continue to be a LGWD customer. The water line has been installed and is being maintained in accordance with the provisions of the City's Water System Master Plan. Clean Streams (Storm water) Plan: There are no storm water facilities located in front of this site. The Clean Streams (Storm water) Plan does not identify any future projects for this section of Washington Court or Inverurie Road. Public Facilities Plan (Statewide Planning Goal 11): The PFP implements Statewide Planning Goal 11, which is intended to assure that cities plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban development. Annexation of this property enables public facilities to be provided in an orderly and efficient manner. Public facilities, such water, sanitary sewer service, transportation systems have been constructed to be consistent with the City's Public Facilities Plan and are adequate to serve this property. Transportation (Statewide Planning Goal 12): The City's Transportation System Plan implements the multi-modal transportation system that will meet the needs of the city for a 20 year planning horizon. Washington Court is a two-lane Local Street within a 40 foot right of way. Inverurie Road is a two lane local level road within a 30 foot right of way. Both streets are 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 Washington Court. A pathway improvement is identified along Washington Court (Project TP 44) and is also identified in the City's Trail Master Plan. Annexation of this property is consistent with future roadway improvements identified in this plan. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 4 OF 9 September 17, 2019 e. Any applicable comprehensive plan policies Comprehensive Plan Map: This lot is currently designated R-7.5, Low Density Residential on Clackamas County's Comprehensive Plan and Zoning Maps. It is designated 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 lot. 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. The proposed zoning designation of R-7.5 is consistent with Urban Growth Management Agreement between the County and the City. 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 parcel to be annexed is within the City's Urban Services Boundary, Therefore, the proposed annexation and the withdrawal of this property from the identified districts are consistent with this policy. 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." The approval of this annexation will result in the addition of 0.29 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, sewer or water services. Policy C-4: "Prior to the annexation of non-island properties, ensure urban services are available and adequate to serve the properties or will be made available in a timely manner by the City or a developer commensurate with the scale of the proposed development." Availability of urban services serving this property is discussed below: Water: Water is available from an eight-inch Lake Grove Water District line in Washington Court along the site frontage. The subject property is within the Lake Grove Water District (LGWD) and is connected to this water line. It will continue as a LGWD customer per the City's intergovernmental agreement with LGWD after annexation. 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 this lot from the district upon annexation. The territory will not be withdrawn from the district upon annexation. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 5 OF 9 September 17, 2019 The nearest existing fire hydrant is located approximately 220' east of the site at the corner of Washington and Cortez Court. Sewer: Sanitary sewer service is available from eight-inch City of Lake Oswego collection lines in Washington Court and Inverurie Road along the site frontage.The City as-built engineering plans indicate that a connection point is located in the Inverurie Road sewer main near the southeast corner of the site. Upon connection to the City collection line, the existing septic tank on the property will need to be decommissioned per DEQ standards. Storm water: There are no storm water facilities located in the street right-of-way abutting this site. After annexation, on-site surface water management will fall under various provisions of the Lake Oswego Code. Storm water runoff from new roof areas, access driveways and parking areas will be required to be managed on-site. Fire Protection: Lake Grove Fire District#57 provides fire protection services to this lot by agreement with the City of Lake Oswego. Upon annexation, the lot 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, this lot 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 629 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: Washington Court 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 Washington Court. A pathway improvement is identified along Washington Court (Project TP 44) and is also identified in the City's Trail Master Plan. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 6 OF 9 September 17, 2019 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 territory proposed to be annexed is not isolated from other areas of the City. Statewide Goal 10 Housing City Comprehensive Plan Complete Neighborhoods and Housing Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing Goal in the City Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process to help reduce housing costs. The following Oregon Administrative Rules (OARs) provide standards for compliance with Goal 10 "Housing" pursuant to ORS 197.296 (Buildable Lands) and ORS 197.303 through 197.307 (Needed Housing): OAR 660-008-0010 Allocation of Buildable Land The mix and density of needed housing is determined in the housing needs projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs projection. The local buildable lands inventory must document the amount of buildable land in each residential plan designation. Staff finds that the Lake Oswego Buildable Lands Inventory and Housing Needs Analysis (HNA, 2013) was adopted as an Appendix to the Lake Oswego Comprehensive Plan in 2014. The HNA is for both the incorporated area of Lake Oswego (City) and unincorporated areas within Lake Oswego's Urban Services Boundary (USB). The proposed annexation and designation of City R-7.5 zoning are consistent with the Comprehensive Plan, which anticipates the City eventually annexing all of the unincorporated lands that exist within the USB. The proposal has no effect on the City's Buildable Lands Inventory or Housing Needs Analysis and therefore complies with Goal 10. 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. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 7 OF 9 September 17, 2019 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 was notified on September 11, 20 days before public hearing. "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 provisions of State Law 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 the Dual Interest Area within the regional Urban Growth Boundary (UGB). The right of ways adjacent to this property is within the City Boundary and under the maintenance jurisdiction of the City of Lake Oswego. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 8 OF 9 September 17, 2019 f. Any applicable concept plan There are no applicable concept plans in this area. 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 The proximity of this property to existing City services will allow this annexation to promote the timely, orderly and economical extension of public facilities and services. This 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 Metro Urban Growth Boundary (UGB). CONCLUSION: Based on the criteria and findings set forth above, the City Council concludes that AN 19-0005 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 30t" 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 30t" 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, the annexation shall become effective on the day after the election. Ordinance 2827 (AN 19-0005) ATTACHMENT B/PAGE 9 OF 9 March 2013 Update INVENTORY OF SUITABLE SITES (LAND SUPPLY) Consistent with the employment land demand forecast, the buildable land inventory (BLI) for the Lake Oswego EOA documents industrial and commercial inventory that currently exists within the Lake Oswego USB. The BLI includes an analysis of existing vacant and partially vacant (sub-dividable) tax lots by current zoning classification and deducted all significant environmental constraints (wetlands, floodplains, stream corridors and slopes greater than 25%) to estimate buildable land area within the Lake Oswego USB. The buildable land area for each tax lot was derived by analyzing GIS data pertaining to environmental features that would constrain the amount of potential site development on vacant and partially vacant areas. The vacant and part-vacant land inventory includes tax lots or parcels that have at least 10,000 square feet (about 1/4 acre) of buildable land area (net of existing developed buildings and environmental and slope constraints). The land supply analysis focused on the land use classifications that can accommodate job growth within the USB and does not include zones with no buildable land. As shown in Table 9, Lake Oswego has four commercial, one institutional and one industrial zoning designation that meet these criteria. Table 9. Lake Oswego Employment Zone Designations Commercial East End General Commercial (EC) General Commercial (GC) West Lake Grove Office Commercial/Neighborhood Commercial (OC/NC) Campus Research & Development (CR&D) Institutional Campus Institutional (CI) Industrial Industrial Park (IP) Prepared by FCS GROUP. The vacant and partially vacant land inventory for the Lake Oswego USB includes 12 tax lots with a total buildable land area of 20.11 acres, as indicated in Table 10. Table 10. Distribution of Vacant and Part Vacant Lands by Land Use Zone Classification, Lake Oswego USB Vacant and Part-Vacant Property Zone 0.26 to 1 Acre 1 to 3 Acres 3 to 6 Acres > 6 Acres Total Lots Acres Lots Acres Lots Acres Lots Acres Lots Acres Commercial 7 2.98 2 4.63 1 4.67 10 12.3 EC 2 0.57 2 0.6 GC 4 1.89 2 4.63 6 6.5 OC/NC 1 0.52 1 0.5 CR & D 1 4.67 1 4.7 Institutional (CI) 1 6.92 1 6.92 Industrial (IP) 1 0.91 1 0.91 Total 8 3.89 2 4.63 1 4.67 1 6.92 12 20.11 Prepared by FCS GROUP. 03/18/13 Exhibit 5/Page 29 AN 19-0005 EXHIBIT E-1/PAGE 1 OF 1 March 19, 2013 Update Table 20. Residential Dwelling Capacity and Projected Housing Demand, Lake Oswego USB, 2010 to 2035 Dwelling Unit Capacity and Demand Potential Land Need in by 0 Potential Net Buildable Land Area in Acres Forecast Year 2035 IIII Dwelllings Needed to Redevel Meet Pop. Potential Potential opment Potential Forecast& Dwelling Likely Residential Redevel- Mixed- Dwelling Attain- Unit Residential Land Part opment: Use Unit abiltiy Surplus by Land Need Surplus or Land Use Vacant Vacant R Zones Zones Total Capacity Levels 2035 by 2035 (Deficit) by Classifications (acres) (acres) (acres) (acres) Acres (dwellings) (dwellings) (dwellings) (acres) 2035(acres) Low Density (primarily large lot SFD in R-7.5, 69.2 502.7 - - 571.9 1,646 783 863 272.1 299.8 R-10, R-15 zones) Medium Density (primarily small 5.5 30.6 104.3 - 140.4 1,017 456 561 62.9 77.5 lot SFD in R-3, R-5 zones) High Density (primarily MF in RO, R-2, R-2.5, 2.6 5.6 22.8 80.9 111.9 2,400 2,321 79 108.2 3.7 GC, NC/RO, OC/R3, EC, HC, CR&D, EC/RO, OC zones) Total 77.3 538.9 127.1 80.9 824.2 5,063 3,560 1,503 443.3 380.9 Updated 03/19/13 Comprehensive Plan Housing Needs Analysis EXHIBIT E-2/PAGE 1 OF 1