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Agenda Item - 2021-10-05 - Number 6.1 - Ordinance 2873 - Annexing Property at 16441 Bonaire Avenue (AN 21-0002) 6.1 ot'p` COUNCIL REPORT -W. a o �REGO%/ Subject: Ordinance 2873, Annexing Property at 16441 Bonaire Avenue; AN 21-0002 Report Date: September 15, 2021 Staff Member: Paul Espe, Associate Planner Meeting Date: October 5, 2021 Department: Planning and Building Services Action Required Advisory Board/Commission Recommendation ❑ Motion ❑X Approval ❑ Public Hearing ❑ Denial ❑X Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: This annexation is being processed as a ❑ Council Direction public hearing under Metro Code 3.09.050(A-D). ❑ Consent Agenda Staff Recommendation: Enact Ordinance 2873 Recommended Language for Motion: Move to enact Ordinance 2873 Project/Issue Relates To: Annexation of territory Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities EAdopted Master Plan(s) ❑X Not Applicable EXECUTIVE SUMMARY/BACKGROUND The proposed annexation is owner-initiated and will result in the addition of approximately 0.23 acres of residential land to the City. 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: Jamie Charlton Location/Size: West Side of Bonaire Avenue/0.23 acres (10,150 square feet). Existing Land Use: Single-family dwelling, access from Bonaire Avenue. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv Page 2 Neighborhood: Lake Forest Neighborhood 163, AnnexationtotheCityofLakeO wego 7) (j' AN 27-0042tOrdinance 2&7� h] (kj Purpose of Annexation: Owner initiated — I W (Ti annexation of property to connect to city 16350 16373 SW Madrona sewer. — — r DISCUSSION s 16405 a '_ 16410 a Designation: The 16410 i 22 Plan and Zone 1 subjectco 16429 o 16428 property is currently under Clackamas m i County's jurisdiction and zoned Low Density 16446 I 16444 Residential. It is designated R-7.5, Low Density Residential on the City of Lake 16494 16475 16472 Oswego Comprehensive Plan Map and will -- --. be zoned R-7.5 upon annexation. 16518 R 7 5 16513 j 16508 Development Potential: Based on the size, the property could not be divided. 16536 16523 16514 Sensitive Lands: There are no Sensitive Lands designated on the property. Statewide Goal 10 and Complete Neighborhoods and Housing Statewide Goal 10 Housing City Comprehensive Plan Complete Neighborhoods and Housing Chapter 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 so as to 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, including the City's Buildable Lands Analysis and Housing Needs Analysis, which anticipates the City eventually annexing all of the unincorporated lands within the USB and applying the appropriate zoning consistent with the Comprehensive Plan's land use designations. The proposal has no effect on the City's Buildable Lands Inventory or Housing Needs Analysis because the BLI and HNA is based on the lands within the City's Urban Service Boundary (USB), and the land is within the USB. The proposal is consistent with the Comprehensive Plan and therefore complies with Goal 10. See Attachment B for the complete findings under Goal 10. Sewer and Water Service: Sanitary sewer is available from an eight-inch public sanitary sewer main located in Bonaire Avenue along the site frontage. This sewer main was recently constructed with two land use partition projects in the City of Lake Oswego (LU 17-0059 and LU 17-0060). This line will also be able to provide sanitary sewer service to this site. The on-site work would involve decommissioning the existing septic tank (removal, or filling with sand or gravel). All work would be done by private contractors. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 Water is available from six-inch Lake Grove Water District (LGWD) lines in Bonaire Avenue along the site frontage. This property will remain in the LGWD and will continue to be a LGWD customer. Future extension of water lines, if needed to serve future development, will be constructed and maintained in accordance with the City's Water System Master Plan and LGWD standards. The nearest existing fire hydrant is located approximately 160' north of the site at the southeast corner of the intersection of Bonaire Ave/Madrona Street. Service Districts: Upon annexation, this 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, the Library District of Clackamas County, and the Lake Grove Water District. Transportation:The City's 2015 Transportation System Plan implements the multi-modal transportation system that will meet the needs of the city for a 20-year planning horizon. The roadway along the property frontage is under the jurisdiction of Clackamas County. The road maintenance jurisdiction and road permitting authority will not be transferred to the City of Lake Oswego until it is appropriate to complete a road transfer process with the County in the future. The applicant will be also required to obtain a permit from Clackamas County for the portion of the sewer work that is within the County road. 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. 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 $197,112. The estimated tax revenue after the lot is annexed is $ 510. RECOMMENDATION Approve AN 21-0002 (Ordinance 2873). EXHIBITS A. Draft Ordinance A-1 Ordinance 2873 (Draft 9/15/21) Attachment A: Map of Proposed Annexation, 7/29/21 Attachment B: Criteria, Findings, Conclusion and Effective Date, 9/15/21 B. Minutes None 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 4 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 ATTACHMENT 1 ORDINANCE 2873 AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.23 ACRES AT 16441 BONAIRE AVENUE; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 21- 0002). 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 southeast quarter of Section 7,Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, County of Clackamas, Oregon, said tract of land being the East-half of the North-half of Lot 194, Bryant Acres Plat 3 (Plat No. 442), said tract of land being all of that property conveyed to Jamie R. Charlton by Statutory Bargain and Sale Deed recorded April 16, 2015 in the Official Records of Clackamas County as Recording No. 2015-021536; said tract of land more particularly described as follows: Ordinance 2873,AN 21-0002 (21E07DCO2500) EXHIBIT A-1/PAGE 1 OF 3 Beginning at the intersection of the northerly line of said Lot 194 and the westerly right of way of Bonaire Avenue (Bonita Drive) (20.00 feet from the centerline thereof when measured at right angles), said point being North 89°35' West, 20.00 feet from the northeast corner of said Lot 194; Thence continuing North 89°35' West along the north line of said Lot 194, 140.00 feet; Thence leaving said north line, South 0°16' East, parallel with said westerly right of way, 72.50 feet; Thence leaving said parallel line, South 89°35' East, parallel with the northerly line of said Lot 194, 140.00 feet to the westerly right of way of said Bonaire Avenue; Thence leaving said parallel line, North 0°16' West along said westerly right of way, 72.50 feet to the point of beginning. 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 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 after the deadline for filing notice of election before any other election held by any city, district Ordinance 2873,AN 21-0002 (21E07DCO2500) EXHIBIT A-1/PAGE 2 OF 3 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 , 2021. AYES: NOES: ABSTAIN: EXCUSED: Joseph M. Buck, Mayor Dated ATTEST: Kari Linder, City Recorder APPROVED AS TO FORM: Jason Loos, City Attorney Ordinance 2873,AN 21-0002 (21E07DCO2500) EXHIBIT A-1/PAGE 3 OF 3 1634 Annexation to the City of Lake Oswego ii 01 AN 21-0002/Ordinance 2873 0 i)� I CA) (A 16350 16373 a, SW Madrona a) 16405 16410 > cam; N; 16410 2 iv, 16429 g 03 16428 16446 16444 i.y 16494 16475 16472 R-7.5 16518 16513 16508 16536 16523 16514 1-- I 4 Attachment A6 Tax Lot ID: 21 E07DCO2500 ,RfGoz, .. V4t' 1657 City of Lake Oswego: COMPREHENSIVE PLAN = R-7.5, Residential 14. ZONING = R-7.5, Residential Clackamas County: N'�'Ii! � ZONING = R-8.5, Residential �� Lake Oswego VA SubjectL__, City Limits Properties '4 ,- 1657 0 30 60 90 120 150eet 7/29/2021 September 15, 2021 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) Authority and Procedure for Annexation; Specifying Tax Rate in Annexed Territory. 2. ORS 222.125 -Annexation by Consent of All Owners of Land and Majority of Electors; Proclamation of Annexation B. Metro Code. 1. 3.09.040(A)(1-4) Requirements for Petitions. 2. 3.09.050 Hearing and Decision Requirements for Decisions Other Than 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 subject property 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) Policy B-1: "Provide and maintain zoning and development regulations 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. OAR 660-008-0010-Allocation of Buildable Land FINDINGS: A. Oregon Revised Statutes(ORS), Boundary Changes; Mergers and Consolidations. 1. ORS 222.111(2)Authority and Procedure for Annexation Specifying Tax Rate in annexed territory. 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 owner of this property 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 Majority Of Electors; Proclamation of Annexation. 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, who is one in the same as the elector residing on the property, consented to the annexation.The proposed annexation complies with this statute. Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 1 OF 9 September 15, 2021 B. Metro Code 1 3.09.030—Notice Requirements A. The notice requirements apply to all boundary change decisions by a reviewing entity except expedited decisions made pursuant to MC 3.09.045.These requirements apply in addition to,and do not supersede applicable requirements of ORS Chapters 197, 198, 221 and 222 and any city or county charter provision on boundary changes. B. Within 45 days after a reviewing entity determines that a petition is complete,the entity shall set a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of notice in the general vicinity of the affected territory and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. Notice shall be published as required by state law. C. The notice requirements in Subsection B shall: 1) Describe the affected territory in a manner that allows certainty; 2) State the date,time and place where the reviewing entity will consider the boundary change; and 3) State the means by which any person may obtain a copy of the reviewing entity's report on the proposal The City has provided written notification of this annexation to necessary parties, surrounding properties and through the posting of the notice of annexation on the property on September 15, 20 days prior to the date of the public hearing for annexation as required under MC 30.09.030 B.The notice contained information about the affected territory,time and place of the public hearing and the means by which any person can obtain a copy of the written report. The annexation notification and review procedures comply with the Metro code requirements. 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, who is one in the same as the elector, 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 of this property 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. Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 2 OF 9 September 15, 2021 2. 3.09.045—(D-E) Expedited Decisions(criteria incorporated for non-expedited decisions by MC 3.09.050(D)) D. To approve a boundary change through decisions made through procedures other than expedited, the reviewing entity shall apply the criteria and consider the factors set forth in Subsections(D) and (E) of section 3.09.045: 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 and 2) Lake Grove Fire District. 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: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. This property is within the boundaries of the Lake Grove Fire District #57 and the annexation will withdraw this property from that District. The proposed annexation is consistent with these agreements 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 statewide planning goal on public facilities and services. Consistent with Statewide Planning Goal 11 (Public Facilities) and the Community Health and Public Safety Chapter of the Comprehensive Plan,the City maintains a Public Facilities Plan (PFP).The PFP consists of master plans for streets, sanitary sewer,water, and stormwater facilities, which provide the basis for long-range planning for both the incorporated and unincorporated lands within Lake Oswego's Urban Services Boundary.The PFP is comprised of the Lake Oswego Transportation System Plan, Wastewater Master Plan, Water System Master Plan, and Clean Streams (Stormwater) Plan, pursuant to Statewide Planning Goals 11 (Public Facilities) and 12 (Transportation). Wastewater Master Plan: Sanitary sewer is available from an eight-inch public sanitary sewer main located in Bonaire Avenue along the site frontage that was recently constructed with two land use partition projects in the City of Lake Oswego (LU 17-0059 and LU 17-0060).This line will also be able to provide sanitary sewer service to this site and is consistent with the wastewater master plan.The on-site work would involve decommissioning the existing septic tank(removal, or filling with sand or gravel).All work would be done by private contractors. Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 3 OF 9 September 15, 2021 A new service lateral will be required to serve this site.The service lateral shall have a two-way clean-out positioned at the right-of-way line.A street opening permit is required for work within the right-of-way and for the connection to the existing public sewer main.A Systems Development Charge (SDC) and plumbing permit will be due upon connection to the public sanitary sewer system. Water System Master Plan: Water is available from a six-inch Lake Grove Water District (LGWD) line in Bonaire Avenue along the site frontage.This property will remain in the LGWD and will continue to be a LGWD customer. Future extension of water lines, if needed to serve future development, will be constructed and maintained in accordance with the City's Water System Master Plan and LGWD standards. Presently,this system is being maintained in accordance with the provisions of the City's Water System Master Plan.The nearest existing fire hydrant is located at the southeast corner of Bonaire Avenue and Madrona Street. 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 property from the district upon annexation.The territory will not be withdrawn from the district upon annexation.The proposed annexation is consistent with the Water System Master Plan. Clean Streams (Storm Water) Plan:There are no storm water systems in the vicinity of this property. After annexation, on-site surface water management will fall under various provisions of the Lake Oswego Code. It does not appear that any new impervious surfaces will be proposed as part of this annexation. However, storm water runoff that comes from new and/or replaced impervious surface areas from any future development shall be managed on-site, consistent with the City's Clean Streams (Storm Water) Plan and Lake Oswego code. Transportation (Statewide Planning Goal 12):The City's 2015 Transportation System Plan implements the multi-modal transportation system that will meet the needs of the city for a 20-year planning horizon. The roadway along the property frontage is under the jurisdiction of Clackamas County.The road maintenance jurisdiction and road permitting authority will not be transferred to the City of Lake Oswego until it is appropriate to complete a road transfer process with the County in the future.The applicant will be also required to obtain a permit from Clackamas County for the portion of the sewer work that is within the County road. 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. e. Any applicable comprehensive plan policies Comprehensive Plan Map: This property is currently designated R-8.5, 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.As required by LOC 50.01.005.5, upon annexation, a City zoning designation of R-7.5 will be automatically applied to this property. 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 the Urban Growth Management Agreement between the County and the City. Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 4 OF 9 September 15, 2021 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."This property is within the City's Urban Services Boundary.Therefore, the proposed annexation and the withdrawal of this property from the identified districts is 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 0.23 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. As outlined elsewhere in these findings and the incorporated materials, 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 this property 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 to serve the subject area, as detailed in subsection D.1.d. Sewer: Sanitary sewer service is available to serve the subject area, as detailed in subsection D.1.d. Stormwater:As detailed in subsection D.1.d, future development will be required to comply with the City standards for stormwater management. Fire Protection: Lake Grove Fire District#57 provides fire protection services to this property by agreement with the City of Lake Oswego. Upon annexation, this 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,this 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 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, 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. Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 5 OF 9 September 15, 2021 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:Transportation infrastructure and transit service is available to serve the subject area, as detailed in subsection D.1.d, above. Other Urban Services: 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. Statewide Goal 10 and Complete Neighborhoods and Housing City Comprehensive Plan Complete Neighborhoods and Housing Chapter The Complete Neighborhoods and Housing Chapter of the City's Comprehensive Plan implements Statewide Housing Goal 10 and the Portland Metropolitan Housing Rule (OAR 660-007-0000 et seq.), which requires that the City plan for a supply of residentially zoned land with an average allowed density of 10 dwelling units per net acre, and the opportunity to develop a mix of housing types consisting of not less than 50% attached and multifamily dwellings. Compliance with the State rules ensures the opportunity to provide adequate numbers of needed housing units and the efficient use of buildable land within urban growth boundaries, while promoting certainty in the development process to help reduce housing costs. The following Oregon Administrative Rule (OAR) provides 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. The City of Lake Oswego Comprehensive Plan-Complete Neighborhoods and Housing Chapter, adopted pursuant to Goal 10 and the Metropolitan Housing Rule, and incorporated herein by reference, is designed to meet Lake Oswego's housing needs for not less than a twenty-year planning period.The Comprehensive Plan Map designates residential land use designations within the City limits and within Lake Oswego's Urban Services Boundary(USB) through the year 2035.The Comprehensive Plan Map's residential land use designations were adopted consistent with the City's Buildable Lands Inventory and Housing Needs Analysis (HNA, 2013), also incorporated herein by reference, and the City of Lake Oswego-Clackamas County Urban Growth Management Agreement (UGMA), which specifies future zoning of lands with the USB upon annexation to Lake Oswego.The UGMA anticipates the City eventually annexing all of the unincorporated lands that exist within the USB, and application of City zoning to those lands consistent with the Comprehensive Plan; hence, Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 6 OF 9 September 15, 2021 the HNA is for both the incorporated area of Lake Oswego (City) and unincorporated areas within Lake Oswego's Urban Services Boundary (USB). The Comprehensive Plan Map's residential land use designations are based on the HNA.These designations match the corresponding Zoning Map designations such that there is only one zone for each Plan designation, and therefore only one zone that is applied to each lot upon annexation, consistent with the HNA and in compliance with Goal 10 and the Metropolitan Housing Rule. In the case of the subject application, the applicable Plan Map designation and corresponding Zone Map designation is R-7.5.The City Comprehensive plan and corresponding Zone Map designation of R-7.5 provide a slightly greater amount of housing density than R-8.5, single-family detached residential. If this property were to be redeveloped,the zoning would allow one single-family residence, and an accessory dwelling unit (ORS 197.312) or a duplex (ORS 197.758).The proposed annexation and designation of City zoning is consistent with the Comprehensive Plan and Map, and the City's Buildable Lands Inventory, and does not change the City's housing needs from those identified by the HNA; therefore,the annexation and zone change comply with Goal 10 and its implementing administrative rules. In this case,the zoning district would satisfy the need for single-family residential housing identified in the Housing Needs Analysis. The City uses the following approach for findings supporting two types of annexation zone changes: • Option 1 is for annexation-related non-discretionary comprehensive plan and zoning map amendments. • Option 2 is for annexation-related discretionary comprehensive plan and zoning map amendments. "Non-discretionary" amendments are zoning map amendments applied to an annexed property (or properties) where the applicable zoning designation is prescribed by the city's comprehensive plan and a zoning conversion table in the city-county urban growth management agreement(UGMA). "Discretionary" amendments are where more than one zoning designation is applicable, as prescribed by the city's comprehensive plan and the city-county UGMA, and the City Council has discretion in applying zoning. The proposed rezoning in AN 21-0002 is non-discretionary because the zoning is prescribed by the City of Lake Oswego Comprehensive Plan and the zoning conversion table in the City of Lake Oswego-Clackamas County UGMA. The City's R-7.5 zone is proposed to be applied consistent with (matching)the R-7.5 land use designation in the City's Goal 10/Metro Housing Rule-compliant comprehensive plan. The City Council does not have discretion to apply a different zone to the subject property unless it is amending the Comprehensive Plan to change the land use designation;therefore,the City does not evaluate proposed zones against its Housing Needs Analysis (HNA).The City simply applies the zoning that is prescribed by the Comprehensive Plan, consistent with the HNA and the Complete Neighborhoods and Housing (Goal 10) chapter of the Plan. In doing so,the City relies on LOC 50.01.004.5.a, which states that the Lake Oswego Comprehensive Plan Map provides for the future City zoning of all property within the City's Urban Service Boundary. In cases where the Comprehensive Plan Map requires a specific zoning map designation,this designation is automatically imposed on territory when the property is annexed to the City. In conclusion,the proposed R-7.5 zoning is consistent with the Comprehensive Plan and City-County UGMA for the subject property, and the City Council does not have other zoning options from which to choose in approving AN 21-0002. Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 7 OF 9 September 15, 2021 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 3.09.030.B,which requires mailing notice to all necessary parties, posting of a weatherproof notice in the general vicinity of the affected territory and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations. The notice required by MC 3.09.030.B shall follow the requirements under MC 3.09.030.C, where the notice shall; describe the affected territory in a manner that allows certainty, state the date,time and place where the reviewing entity will consider the boundary change; and, state the means by which any person may obtain a copy of the reviewing entity's report on the proposal. Clackamas County is a necessary party under the Metro Code definition and was notified on September 15, 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." Ordinance 2873 (AN 21-0002) ATTACHMENT B/PAGE 8 OF 9 September 15, 2021 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). Bonaire Avenue is a City Roadway that is still under the maintenance jurisdiction of Clackamas County. 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 are 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 21-0002 can be made to comply 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,the annexation shall become effective on the day after the election. Ordinance 2873 (AN 21-0002) 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) I 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 21-0002 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 AN 21-0002 EXHIBIT E-2/PAGE 1 OF 1