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Agenda Item - 2021-10-05 - Number 6.2 - Ordinance 2875 - Annexing Property at 13201 Knaus Road (AN 21-0004) 6.2 D 0s COUNCIL REPORT 442, ro OREOOt.4 Subject: Ordinance 2875 Annexing Two Properties at 13201 Knaus Road; AN 21-0004 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 ❑X Public Hearing ❑ Denial ❑X Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑ Information Only Comments: This annexation requires a public hearing ❑ Council Direction under Metro Code 3.09.050 (A-D) because it is ❑ Consent Agenda dividable. Staff Recommendation: Enact Ordinance 2875 Recommended Language for Motion: Move to enact Ordinance 2875 Project/Issue Relates To: ❑Council Goals/Priorities EAdopted Master Plan(s) ❑S Not Applicable EXECUTIVE SUMMARY/BACKGROUND The proposed annexation is owner-initiated and will result in the addition of approximately 1.98 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: Ed Tonkin and Michelle Poli-Tonkin / Ben Altman, Pioneer Design Group Location/Size: The subject properties consist of 1.98 acres (86,249 square feet) and are located on the West side of Knaus Road. Existing Land Use: Single-family dwelling located 175 feet west of the front property line along Knaus Road. Neighborhood: Forest Highlands Neighborhood. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv Page 2 Purpose of Annexation: The property f Annexation to the City of Lake Oswego AN 21.0004/Ordinance 2875 50 owners initiated the annexation to connect 1 1 to city sewer service. Ll< R-Ifl Knaus 1 3 Ra DISCUSSION 13062 0 1 I 13124 co Plan and Zone Designation: The subject + N I 13136 Hoodccp o properties are currently under Clackamas 13080 13084 j �� a View Ld County's jurisdiction and zoned R 20, Low - / A Density Residential. They are designated R e // R-15 '8 10, Low Density Residential on the City of ���/ �I Lake Oswego Comprehensive Plan Map and < 13092 y A will be zoned R-10 upon annexation. ___�_ //f�1/, w Timberline Dr Q' 13214 Development Potential: Based on the size 13236 13237 N and configuration of the two properties, —— KNAUS 13245 13240 A p with the proposed R-10 zoning, they could < 13258 ROAD be divided into up to eight lots. Country s R a A 0 w . I Q \ c`ss a. 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-10 zoning are consistent with the Comprehensive Plan, 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. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 Sewer and Water Service: Sanitary sewer service is available from a City of Lake Oswego eight- inch collection line located in Knaus Road near the northeast corner of the site.The City requires sewer extensions to be taken to the upstream property line when connection is made to the public main. If one replacement home is constructed and the property is not partitioned, then a single service lateral will be allowed to connect into the existing mainline immediately downstream from the existing manhole located near the northeast corner of the site. The on- site work would involve decommissioning the existing septic tank per DEQ standards (removal, or filling with sand or gravel). All work would be done by private contractors. Water is available from an eight-inch Lake Oswego water main in Knaus Road along the site frontage. The nearest existing fire hydrant is located on the corner of Knaus Road and Forest Meadows Way. Transportation: Knaus Road is a city roadway and is under the maintenance jurisdiction of the City of Lake Oswego along the site frontage and adjacent property frontage. It is identified in the City's Comprehensive Plan as a Neighborhood Collector. The nearest mass transit service is Tri-Met bus line 78, which operates between downtown Lake Oswego and the Tigard and Beaverton Transit Centers. Service can be accessed at the intersection of Knaus and Country Club Roads. Service Districts: Upon annexation, the properties will by operation of ORS 222.520 be withdrawn from the Lake Grove Fire District, the Clackamas County Enhanced Sheriff's Patrol District but will remain in the Library District of Clackamas County, and the Lake Grove Park District. 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 properties is $765,616. The estimated tax revenue after the properties are is annexed is $1980. RECOMMENDATION Approve AN 21-0004 (Ordinance 2875). EXHIBITS A. Ordinance A-1 Ordinance 2875 (Draft 09/15/21) Attachment A: Map of Proposed Annexation 8/10/21 Attachment B: Criteria, Findings, Conclusion and Effective Date, 09/15/21 B. Minutes [No current exhibits] 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 4 C. Staff Reports [No current exhibits] D. Graphics/Plans [No current exhibits] 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 09/15/21 ATTACHMENT 1 ORDINANCE 2875 AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO TWO PARCELS, CONSISTING OF 1.98 ACRES AT 13201 KNAUS ROAD; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 21- 0004). 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, 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 222.120 for boundary changes, and Metro Code Sections 3.09.040(A)(1-4) and 3.09.050. 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 4, Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon; said tract of land being all of that property conveyed Edward C. Tonkin, Trustee of the Edward C. Tonkin Trust U/T/A dated October 9, 2018, by Statutory Warranty Deed recorded January 12, 2021 in the Official Records of Clackamas County as Recording No. 2021-003274; said tract of land more particularly described as follows: Beginning at the southwest corner of Partition Plat No. 2011-030, plat records of Clackamas County; Ordinance 2875,AN 21-0004 (21E04BA02400&21E04BA02401) EXHIBIT A-1/PAGE 1 OF 3 09/15/21 Thence South 0°03" East, 330 feet, more or less, along the east line of a tract of land conveyed to Donald R. Hudson, et ux, as recorded in the Official Records of Clackamas County as Book 662, Page 7, to the north line of a tract of land conveyed to Dogra and Vivek Meenakshi, Trustees, as recorded in the Official Records of Clackamas County as Recording No. 2017- 077479; Thence leaving said Hudson east line, South 88°35'30" East, 264 feet, more or less, along said Meenakshi north line and the north line of a tract of land conveyed to the City of Lake Oswego, a municipal corporation, by Warranty Deed recorded September 25, 1981 in the Official Records of Clackamas County as Recording No. 81-33298, to the westerly right of way of Knaus Road, said point be 20.00 feet from the centerline thereof when measured at right angles; Thence leaving said north line, North 0°03' West along said right of way, 330 feet, more or less, to the southeast corner of said Partition Plat No. 2011-030; Thence leaving said right of way, North 88°35'30" West along the south line of said Partition Plat, 264 feet, more or less, 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 Oswego Water Service Area 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 Section 4. In accordance with LOC 50.01.004.5, the City zoning designation of R-10, shall be applied to the subject properties 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 Ordinance 2875,AN 21-0004 (21E04BA02400&21E04BA02401) EXHIBIT A-1/PAGE 2 OF 3 09/15/21 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. 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 2875,AN 21-0004 (21E04BA02400&21E04BA02401) EXHIBIT A-1/PAGE 3 OF 3 T - Annexation to the City of Lake Oswego , AN 21-0004/Ordinance 2875 50 0 00 co L.—L..; -' -8 ---, Knaus I 13062 o G' 13124 co _ N 01 GJ 13136 00 CO , Hood View 13080 Ct Ln 13084 -, I--- -P R-15 0 .Q Y E 13092 / CO j 01 01 Timber line Dr 13214 13236 13237 C. I -J KNAUS 13245 13240 Q 13258 01 ROAD , Country R 0 — _. w G 0) 01 01 0 n ' ` I c Attachment A �yA �Y ,,....________ Tax Lot Ds: 21 E04BA02400 & 21 E04BA02401 10 0, • Ilpfm�� �kf O./ City of Lake Oswego: COMPREHENSIVE PLAN = R-10, Residential �► ZONING = R-10, Residential �� i Clackamas County: N , 1 _ ZONING = R-10, Residential II oI_, tp li 1332:- Lake Oswego r/4 Subject L__, City Limits Properties Pr 0 50 100 150 200 250 300I\ 1 8„o,zoz, '% Feet I� 13348 09/15/21 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 222.120 Procedure for Annexation Without Election; Hearing; Ordinance Subject to Referendum. 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 two lots 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 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. 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 property owners have petitioned the City for this annexation. The proposed annexation complies with this statute. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 1 OF 11 09/15/21 2. ORS 222.120 Procedure for Annexation Without Election; Hearing; Ordinance Subject to Referendum. ORS 222.120 states that an election need not be held on the question of annexation within the territory proposed if the legislative body provides for a duly noticed public hearing before the legislative body at which time the electors of the City may appear and be heard on the question of annexation. The City has provided written notification of this annexation by publishing a notice once each week for two consecutive weeks prior to the day of the hearing in a newspaper of general circulation in the city and posted the notice of public hearing in four public places as required under ORS 222.120(3). 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 this statute. 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 D. The reviewing entity may adjourn or continue its final deliberations on a proposed boundary change to another time. For a continuance later than 28 days after the time stated in the original notice, notice shall be reissued in the form required by subsection (B) of this section at least five days prior to the continued date of decision. E. The reviewing entity's final decision shall be written and authenticated as its official act within 30 days following the decision and mailed or delivered to Metro and to all necessary parties. The mailing or delivery to Metro shall include payment to Metro of the filing fee required pursuant to section 3.09.060. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 2 OF 11 09/15/21 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 properties on September 15, 2021. 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. 2. 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. Both property owners, who are also electors, 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 owners have 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. 3. 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 urban service agreements with: 1) Lake Oswego School District, 2) Lake Grove Fire District and 3) Clackamas County (for roadways). 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 these properties from the District. This properties are within the boundaries of the Lake Grove Park District but the annexation will not withdraw these properties from that District. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 3 OF 11 09/15/21 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 properties shall be withdrawn from the District and the City shall provide fire protection services. These properties are within the boundaries of the Lake Grove Fire District#57 and the annexation will withdraw these properties from that District. 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. Public Facilities (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 these properties enable public facilities to be provided in an orderly and efficient manner. The PFP consists of master plans for streets, sanitary sewer, water, and storm water 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 (Storm Water) Plan, pursuant to Statewide Planning Goals 11 (Public Facilities) and 12 (Transportation). Wastewater Master Plan: Sanitary sewer service is available from an eight-inch collection line located in Knaus Road near the northeast corner of the site. If one replacement home is constructed and the property is not partitioned, then a single service lateral will be allowed to connect into the existing mainline immediately downstream from the existing manhole located near the northeast corner of the site. A minimum four-inch diameter service lateral would be required in the right-of-way, and a two-way clean-out would be required to be installed at the right-of-way line. 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. A Systems Development Charge (SDC) and plumbing permit will be due upon connection to the public sanitary sewer system. Using the Master Fees & Charges, as approved by the City of Lake Oswego, effective January 1, 2021, the sanitary sewer SDC for a dwelling using a 3/4" water meter is $3,052 ($5,089 for a dwelling using a 1" water meter). A plumbing permit would be required for the on-site work. These fees and charges are adjusted at the beginning of each year. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 4 OF 11 09/15/21 The site is located within the boundary of a sanitary sewer zone of benefit. The initial unit connection charge was $17,532.15 in 2009 and is adjusted at the beginning of each year based on the engineering news record construction cost index. This connection charge is in addition to the required SDC noted above and is due prior to issuance of the plumbing permit and street opening permit for connection to the public system. This zone of benefit will terminate on April 17, 2034. Water System Master Plan: Water is available from an eight-inch Lake Oswego water main in Knaus Road along the site frontage and is being maintained in accordance with the provisions of the City's Water System Master Plan. The closest fire hydrant is located approximately 210 feet north of the site along the north side of Knaus Road. Clean Streams (Storm Water) Plan: Private storm lines and catch basins that serve the properties are located along the north half of the east property line along the site frontage. After annexation, stormwater runoff from new and/or replaced impervious surface areas shall be managed in accordance with the City's Stormwater Management Code (LOC 38.25) and Stormwater Manual, which were prepared consistent with the Clean Streams Plan. The Capital Improvement Plan 2019/20—2024/25 is the current list of the significant public facility projects that are to support the land uses designated in the acknowledged comprehensive plan, including stormwater. There are no listed stormwater projects for this section of Knaus Road. This annexation is therefore consistent with expressly applicable provisions in the applicable public facility plan for stormwater. 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 portion of Knaus Road along the site frontage is a "City Roadway" and is under the maintenance jurisdiction and permitting authority of the City of Lake Oswego. It is identified in the City's Comprehensive Plan as a Local Street, the majority of which has no curbs or sidewalks. Annexation and future development of these properties will be consistent with future roadway improvements identified in this plan. The nearest mass transit service is Tri-Met bus line 78, which operates between downtown Lake Oswego and the Tigard and Beaverton Transit Centers. Service can be accessed at the intersection of Knaus and Country Club Roads. e. Any applicable comprehensive plan policies Comprehensive Plan Map: These properties are currently designated R-20, Low Density Residential on Clackamas County's Comprehensive Plan and Zoning Maps. It is designated Low Density Residential, R-10 on the City's Comprehensive Plan Map. Upon annexation, a City zoning designation of R-10 will be applied to these properties upon annexation. 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-10 and the Resource Overlay Designations are consistent with Urban Growth Management Agreement between the County and the City. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 5 OF 11 09/15/21 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 properties to be annexed are within the City's Urban Services Boundary. Therefore, the proposed annexation and the withdrawal of these properties 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 1.98 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 these properties 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 these properties 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 storm water management. Fire Protection: Lake Grove Fire District#57 provides fire protection services to these properties by agreement with the City of Lake Oswego. Upon annexation, these properties will be withdrawn from this fire district and served directly by the City. The Main Fire station on B Avenue, located east of the site, would be able to respond to emergencies under the eight minute goal established in the Comprehensive Plan. Police: Upon annexation, these properties 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 these properties 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 these properties are Tryon Creek State Natural Park, Woodmont Park, Springbrook Park and Iron Mountain Park. 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. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 6 OF 11 09/15/21 These properties 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 minor development, e.g., partition and subdivision, 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 these properties. In the event that future land division 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 2013 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 within the USB upon annexation to Lake Oswego. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 7 OF 11 09/15/21 The UGMA anticipates the City eventually annexing all of the unincorporated lands within the USB, and application of City zoning to those lands consistent with the Comprehensive Plan; hence, 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-10. The City Comprehensive plan and corresponding Zone Map designation of R-10 provides an equal amount of housing density to the R-10 Clackamas County detached residential zoning designation. If these properties were to be divided, the zoning would allow eight lots. Each of the lots would be allowed an accessory dwelling unit per LOC Table 50.03.002-1, as required by HB 2001 (2019). 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 21-0004 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-10 zone is proposed to be applied consistent with (matching) the R-10 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 properties 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 Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 8 OF 11 09/15/21 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 properties are annexed to the City. In conclusion, the proposed R-10 zoning is consistent with the Comprehensive Plan and City- County UGMA for the subject properties, and the City Council does not have other zoning options from which to choose in approving AN 21-0004. 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. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 9 OF 11 09/15/21 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, 2021, 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). 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 these properties to existing City services will allow this annexation to promote the timely, orderly and economical extension of public facilities and services. These properties 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 properties 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 21-0004 complies with all applicable criteria and the annexation should be approved. Ordinance 2875 (AN 21-0004) ATTACHMENT C/PAGE 10 OF 11 09/15/21 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 2875 (AN 21-0004) ATTACHMENT C/PAGE 11 OF 11 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 21-0004 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 21-0004 EXHIBIT E-2/PAGE 1 OF 1