Council Report 06-28-23 CCPH 07-18-23 w-Attach AN 23-0004503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Ordinance 2927, annexing property at 13501 Knaus Road; AN 23-0004
Meeting Date: July 18, 2023
Report Date: June 28, 2023
Staff Member: Paul Espe, Associate Planner
Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation
☐Motion ☐Approval
☒Public Hearing ☐Denial
☒Ordinance ☐None Forwarded
☐Resolution ☒Not Applicable
☐Information Only Comments: This annexation is being processed as a
public hearing under Metro Code 3.09.050(A-D)
because it can be divided.
☐Council Direction
☐Consent Agenda
Staff Recommendation: Enact Ordinance 2927
Recommended Language for Motion: Move to enact Ordinance 2927
Project / Issue Relates To: Annexation of Property
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable
EXECUTIVE SUMMARY/BACKGROUND
The proposed annexation is owner-initiated and will result in the addition of approximately 2.70
acres of residential land to the City at 13501 Knaus Road. 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: Langqun Shuiyuan LLC / John Horton and Vesper Stockwell
Location/Size: West Side of Knaus Road; 2.70 acres. 13501 Knaus Road, Tax Lot/Map
21E04BD01200.
Page 2
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Existing Land Use: Single-family dwelling, access from Knaus Road.
Neighborhood: Forest Highlands
Purpose of Annexation: Owner-initiated annexation to connect to city sewer.
DISCUSSION
Plan and Zone Designation: The subject property is currently under Clackamas County’s
jurisdiction and zoned R-20 (Low Density Residential). It is designated R-15 (Low Density
Residential) on the City’s Comprehensive Plan Map and will be zoned R-15 upon annexation.
Development Potential: Based on the size and zoning of this property, it could be divided into
seven lots. Other factors (such as lot shape, development standards, and right-of-way
requirements) could affect the actual number of lots.
Sensitive Lands: There are no Sensitive Lands designated on this 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-15 zoning are consistent with the Comprehensive Plan, including the City’s
Vicinity Map Proposed Annexation
13501 Knaus Rd.
Knaus Road
Page 3
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Buildable Lands Inventory (BLI) and Housing Needs Analysis (HNA), which anticipates the City
eventually annexing all of the unincorporated lands within the City’s Urban Service Boundary
(USB) and applying the appropriate zoning consistent with the Comprehensive Plan’s land use
designations. The proposal has no effect on the City’s BLI or HNA because the BLI and HNA is
based on lands within the USB, and the land is in 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 service can be made available from an existing eight-
inch public sanitary sewer main stubbed to the southwest corner of the site. This sewer main
can provide public sanitary sewer service to this property. Typically, when connecting to the
public sanitary system, main extensions are required to be constructed to the upstream
boundary of the site. In this case, however, the abutting property to the north (13599 Knaus
Road) is already connected to the public sanitary system to Knaus Road; therefore, the
connection for this site will not require a public sanitary sewer extension be constructed to the
upstream boundary (northwest corner of the site).
The property owner would not be required to connect to the city sewer system unless the septic
system has failed or the property is redeveloped with a minor or major development (see note
below). However, upon connection to the City collection line, the property owners must
decommission the existing septic tank on the property per DEQ standards.
Note: The applicant has indicated an intent, following annexation, to connect to the city sewer
service. The Engineering Staff has preliminarily commented by memo on the sewer connection
requirements, which is on file with the Planning Dept. The applicant is advised to obtain a copy
of the memo before preparing an application to connect to the City sewer system.
Water is available from an eight-inch City water main located in Knaus Road that provides
water service to this property, and the existing home on the site is already connected to the
public main. The nearest existing fire hydrant is located approximately 150 feet north of the site
along the west side of Knaus Road.
Service Districts: Upon annexation and by operation of ORS 222.520, the property will be
withdrawn from the Lake Grove Fire District #57 and the Clackamas County Enhanced Sheriff’s
Patrol District but will remain in the Lake Grove Swim Park Area and the Library District of
Clackamas County.
Transportation: The City’s 2015 Transportation System Plan (TSP) implements the multi-modal
transportation system that will meet the needs of the City for a 20-year planning horizon. Knaus
Road is identified in the city’s TSP as a Neighborhood Collector and is under the jurisdiction and
permitting authority of the City.
TriMet Line 37, which runs along Boones Ferry Road operating between downtown Lake
Oswego and the Tualatin Park and Ride, provides the closest bus service to the subject
property.
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.
Page 4
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
FISCAL IMPACT
The estimated value of the residential property is $994,528. The estimated tax revenue after it
is annexed is $2,572.
RECOMMENDATION
Approve AN 23-0004 (Ordinance 2927).
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2927 (Draft 06/20/23)
Attachment A: Map of Proposed Annexation, 05/08/23
Attachment B: Criteria, Findings, Conclusion and Effective Date, 06/28/23.
B. Minutes
None
C. Staff Reports
None
D. Graphics/Plans
None
E. Written Materials
E-1 Buildable Lands Inventory (2013 Comprehensive Plan, Economic Opportunities
Analysis, excerpt), 03/18/13
E-2 Housing Needs Analysis (2013 Comprehensive Plan, excerpt), 03/19/13
DRAFT: 06/20/23
Ordinance 2927, AN 23-0004
(21E04BD01200) Exhibit A-1/Page 1 of 3
ORDINANCE 2927
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 2.70
ACRES AT 13501 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 23-
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 provided written notification of this annexation as required under ORS
222.120(3); 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), 222.120
and 222.125 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
being all that property conveyed to Langqun Shuiyuan LLC, a Washington limited liability
company, by Statutory Warranty Deed recorded January 20, 2023 in the Official Records of
Clackamas County, as Recording No. 2023-001907; said tract of land more particularly
described as follows:
DRAFT: 06/20/23
Ordinance 2927, AN 23-0004
(21E04BD01200) Exhibit A-1/Page 2 of 3
Beginning at an iron pipe at the northwest corner of said Langqun Shuiyuan LLC tract, said iron
pipe being South 21°01’ East, 8.41 feet from an iron pipe at the southeast corner of Partition
Plat 2022-48, plat records of Clackamas County (also the southeast corner of Lot 43, Forest Hills
Acres (Plat No. 598), plat records of Clackamas County – deed record as per Recording No.
2023-001907));
Thence East, 602.95 feet to the northwest corner of a tract of land conveyed to George F.
Ehlen, Jr. and Beverly Ehlen, by Warranty Deed recorded November 25, 1959 in the Official
Records of Clackamas County, as Book 564, Page 344;
Thence South along the west line of said Ehlen tract, 208.60 feet to the southwest corner
thereof;
Thence leaving said west line, West, 523.11 feet to an iron pipe on the northeast line of Lot 45
of said Forest Hills Acres;
Thence North 21°01’ West, 223.46 feet, more or less, along said northeast line of Lot 45, and
the northeast line of Partition Plat 2013-47, plat records of Clackamas County (northeast line of
Lot 44 of said Forest Hills Acres – deed record as per Recording No. 2023-001907) 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
Library District of Clackamas County
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-15 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.
DRAFT: 06/20/23
Ordinance 2927, AN 23-0004
(21E04BD01200) Exhibit A-1/Page 3 of 3
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
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 July 18, 2023.
AYES:
NOES:
ABSTAIN:
EXCUSED:
________________________________
Joseph M. Buck, Mayor
________________________________
Dated
ATTEST:
______________________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
____________________________________
Ellen Osoinach, City Attorney
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Annexation to the City of Lake Oswego
AN 23-0004/Ordinance 2927
³
5/8/2023
Lake Oswego
City Limits
Subject
Property
R-15
Attachment A
Tax Lot IDs:21E04BD01200
City of Lake Oswego:
COMPREHENSIVE PLAN = R-15, Residential Low Density
ZONING = R-15, Residential Low Density
Clackamas County:
ZONING = R-20, Low Density Residential
0 175 350 525 700
Feet
R-10
R-15
R-10
R-15
R-10
PNA
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 1 OF 10
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.
3. ORS 222.125 - Annexation by Consent of All Owners of Land and Majority of Electors; Proclamation
of Annexation.
B. Metro Code.
1. 3.09.030 - Notice Requirements
2. 3.09.040(A) (1-4) - Requirements for Petitions.
3. 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. Oregon Administrative Rule (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 owners of this property have petitioned the City for this annexation. The proposed
annexation complies with this statute.
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 to the electors of the city for
their approval or rejection 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.
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 2 OF 10
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 was published in the Lake
Oswego Review and was posted at the City Hall, the Adult Community Center, the City Library and Luscher Farm. A
notice was also posted on the site on June 28, 2023. 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.
3. 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 owners, who are also the only electors residing on the
property, consented to the annexation. The proposed annexation complies 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 parties1, 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 (mailed notice), to the
general vicinity (posting of the notice of annexation on this property on June 28, 2023), and by publishing
notice in the Lake Oswego Review, a newspaper of general circulation in the City, on July 5 and July 12, 2023.
All notices were given at least 20 days prior to the date of the public hearing for annexation as required
under MC 30.09.030(B). The notices 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 “Necessary party” means “county; city; district whose jurisdictional boundary or adopted urban service area includes any part
of the affected territory or who provides any urban service to any portion of the affected territory; Metro; or any other unit of
local government." Metro Code 3.09.020(J).
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 3 OF 10
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. The property owners, and the electors on
this property, have signed the application and petition. A map and legal description in the form required by
the City have been included in the application materials and are on file. The owners of this property are the
applicants and have therefore consented to the annexation on the annexation petition, meeting the consent
requirements of ORS 222.170(1). The annexation petition complies with the Metro Code requirements.
3. 3.09.050(B, D) - Hearing and Decision Requirements for Decisions Other Than Expedited Decisions
3.09.045(D, E) - Expedited Decisions (criteria incorporated for non-expedited decisions by MC 3.09.050(D))
B. Not later than 15 days prior to the date set for a hearing a report shall be available to the public
that addresses the criteria identified in subsection (D) and includes the following information: 1. The
extent to which urban services are available to serve the affected territory, including any extra territorial
extensions of service; 2. Whether the proposed boundary change will result in the withdrawal of the
affected territory from the legal boundary of any necessary party; and 3. The proposed effective date of
the boundary change.
These findings meet subsection B.
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.
3.09.045 - Expedited Decision
D. To approve a boundary change through an expedited process, the city shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065
The City has entered into ORS 195.065 agreements with: 1) Lake Oswego School District 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, which is limited to residents of a defined
portion of the Lake Grove area.
The agreement states that the annexation of property by the City within the Lake Grove area (which
funds the swim park) shall not cause the withdrawal of this property from the School District.
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 4 OF 10
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 them 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 planning 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 service can be made available from an existing eight-inch
public sanitary sewer main that is located at the southwest corner of the site. The property owner
would not be required to connect to the city sewer system unless the septic system has failed or the
property is redeveloped with a minor or major development. (LOC 38.18.305; LOC 50.07.003.14.d.ii
and .15.d.ii; LOC 50.06.008.3.f). The sanitary sewer service that would potentially serve this property
could be provided in a manner that is consistent with the Wastewater Master Plan. Upon connection
to a city sewer line, the existing septic tank on the property will need to be decommissioned per DEQ
standards.
Water System Master Plan: Water is available from an eight-inch City water main located in Knaus
Road that provides water service to this property, and the existing home on the site is already
connected to the public main. The nearest existing fire hydrant is located approximately 150 feet
north of the site along the west side of Knaus Road. 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.
Clean Streams (Stormwater) Plan: There are no public stormwater systems in the vicinity of this
property. After annexation, on-site surface water management requirements will fall under various
provisions of the Lake Oswego Code. For example, stormwater runoff from new and/or replaced
impervious surface areas shall be managed in accordance with the City’s Stormwater Management
Code (LOC 50.06.006 and LOC Art. 38.25), consistent with the Clean Streams (Stormwater) Plan. No
new impervious surfaces will be proposed as part of this annexation.
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 5 OF 10
Transportation (Statewide Planning Goal 12): The City’s 2015 Transportation System Plan (TSP)
implements the multi-modal transportation system that will meet the needs of the city for a 20-year
planning horizon. Knaus Road is identified in the city’s TSP as a Neighborhood Collector and is under
the jurisdiction and permitting authority of the City of Lake Oswego.
Tri Met Line 37, which runs along Boones Ferry Road operating between downtown Lake Oswego
and the Tualatin Park and Ride, provides the closest bus service to the subject property.
Future roadway construction to serve future development, will be constructed and maintained in
accordance with the City’s TSP.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: This property is currently designated Low Density Residential and R-20 on
Clackamas County’s Comprehensive Plan and Zoning Maps. It is designated R-15 (Low Density
Residential) on the City’s Comprehensive Plan Map. As required by LOC 50.01.005.5, upon
annexation, a City zoning designation of R-15 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-15 is consistent with the Urban Growth
Management Agreement between the County and the City.
Comprehensive Plan Policies: The Lake Oswego Comprehensive Plan contains the following relevant
language in the Urbanization chapter, and related findings follow:
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 2.70 acres to be served by the City. 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.
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 6 OF 10
Fire Protection: Lake Grove Fire District #57 provides fire protection services to this property by
agreement with the City. Upon annexation, this property will be withdrawn from this Fire District and
served directly by the City.
The Main fire station on 300 B Avenue, 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. 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 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 School District (Lake Grove Swim Park): The Lake Grove Swim Park is operated by the Lake
Oswego School District and located at 3800 Lakeview Boulevard. The swim park is approximately 1.3
acres in size with restroom, play and swim facilities. This property is within the Lake Grove area that
is permitted use of the Lake Grove Swim Park, and the property will remain so following annexation.
Library District of Clackamas County: The Library District of Clackamas County was formed to act as a
fiscal agent for the distribution of property tax revenues raised by the District’s permanent rate to
participating local governments who operate public libraries within Clackamas County. The City of
Lake Oswego is a participating Local Government and will remain in the Library District upon
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 / LOC 50.07.003.14.d.ii
and .15.d.ii requires that all minor and major development be provided with the following utility
services: 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
upon major or minor development.
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 Rule provides standards for compliance with Goal 10 “Housing” pursuant to ORS
197.296 (Buildable Lands) and ORS 197.303 through 197.307 (Needed Housing):
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 7 OF 10
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 Lake Oswego Comprehensive Plan, Complete Neighborhoods and Housing Chapter, adopted
pursuant to Goal 10 and the Metropolitan Housing Rule, 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, the HNA is for both the incorporated area of the
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-15. The City Comprehensive plan and corresponding Zone Map designation of R-15
provide a greater amount of housing density to the Clackamas County R-20 residential zoning
designation. If this property was to be redeveloped with the primary use being a single-family
dwelling, the City R-15 zoning would allow seven additional primary dwelling units and seven
accessory dwelling units (ORS 197.312) (LOC Table 50.03.002-1 Residential Districts Use Table). Note:
Additional dwelling units would be permitted if developed as middle housing. 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 provide the opportunity for
needed 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.
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 8 OF 10
The proposed rezoning in AN 23-0004 is non-discretionary because the zoning is prescribed by the
Lake Oswego Comprehensive Plan and LOC 50.01.005.4.a.
The City’s R-15 zone is proposed to be applied consistent with (matching) the R-15 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 property is annexed to the City.
In conclusion, the proposed R-15 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 23-0004.
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.
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 9 OF 10
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 June 28, 2023,
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).
Knaus Road is identified in the City’s Transportation System Plan as a neighborhood collector and is
under the jurisdiction and permitting authority of the City.
f. Any applicable concept plans
There are no applicable concept plans in this area.
2. Consider whether the boundary change would
a. Promote the timely orderly and economic provision of public facilities and services
b. Affect the quality and quantity of urban services
c. Eliminate or avoid unnecessary duplication of facilities or services
The proximity of this property to existing City services will allow this annexation to promote the
timely, orderly and economical extension of public facilities and services. This property can readily be
served with urban services and facilities.
If and when additional development occurs in the area, provision of public facilities and services will
occur consistent with the City’s adopted public facility master plans, ensuring that it does not
adversely affect the quality or quantity of urban services and avoiding unnecessary duplication of
facilities or services.
Therefore, this boundary change is consistent with criteria 2.a through 2.c.
E. A city may not annex territory that lies outside the UGB except it may annex a lot or parcel that
lies partially within and partially outside the UGB.
The property to be annexed is located entirely within the Metro Urban Growth Boundary (UGB).
June 28, 2023
Ordinance 2927 (AN 23-0004) ATTACHMENT B/PAGE 10 OF 10
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 23-0004 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.
INVENTORY OF SUITABLE SITES (LAND SUPPLY)
Consistent with the employment land demand forecast, the buildable land inventory (BLI) for the
Lake Oswego EOA documents industrial and commercial inventory that currently exists within
the Lake Oswego USB.
The BLI includes an analysis of existing vacant and partially vacant (sub-dividable) tax lots by
current zoning classification and deducted all significant environmental constraints (wetlands,
floodplains, stream corridors and slopes greater than 25%) to estimate buildable land area
within the Lake Oswego USB. The buildable land area for each tax lot was derived by analyzing
GIS data pertaining to environmental features that would constrain the amount of potential site
development on vacant and partially vacant areas. The vacant and part-vacant land inventory
includes tax lots or parcels that have at least 10,000 square feet (about 1/4 acre) of buildable
land area (net of existing developed buildings and environmental and slope constraints).
The land supply analysis focused on the land use classifications that can accommodate job
growth within the USB and does not include zones with no buildable land. As shown in Table 9,
Lake Oswego has four commercial, one institutional and one industrial zoning designation that
meet these criteria.
Table 9. Lake Oswego Employment Zone Designations
Commercial
East End General Commercial (EC)
General Commercial (GC)
West Lake Grove Office
Commercial/Neighborhood Commercial
(OC/NC)
Campus Research & Development (CR&D)
Institutional
Campus Institutional (CI)
Industrial
Industrial Park (IP)
Prepared by FCS GROUP.
The vacant and partially vacant land inventory for the Lake Oswego USB includes 12 tax lots
with a total buildable land area of 20.11 acres, as indicated in Table 10.
Table 10. Distribution of Vacant and Part Vacant Lands by Land Use Zone Classification,
Lake Oswego USB
Vacant and Part-Vacant Property
Zone 0.26 to 1 Acre 1 to 3 Acres 3 to 6 Acres > 6 Acres Total
Lots Acres Lots Acres Lots Acres Lots Acres Lots Acres
Commercial 7 2.98 2 4.63 1 4.67 10 12.3
EC 2 0.57 2 0.6
GC 4 1.89 2 4.63 6 6.5
OC/NC 1 0.52 1 0.5
CR & D 1 4.67 1 4.7
Institutional (CI) 1 6.92 1 6.92
Industrial (IP) 1 0.91 1 0.91
Total 8 3.89 2 4.63 1 4.67 1 6.92 12 20.11
EXHIBIT E-1/PAGE 1 OF 1
Prepared by FCS GROUP.
03/18/13
AN 23-0004
March 19, 2013 Update
Table 20. Residential Dwelling Capacity and Projected Housing Demand, Lake Oswego USB, 2010 to 2035
Land Use
Classifications
Potential Net Buildable Land Area in Acres
Dwelling Unit Capacity and Demand
Forecast
Potential Land Need in by
Year 2035
Vacant
(acres)
Part
Vacant
(acres)
Redevel‐
opment:
R Zones
(acres)
Redevel‐
opment:
Mixed‐
Use
Zones
(acres)
Total
Acres
Potential
Dwelling
Unit
Capacity
(dwellings)
New
Dwelllings
Needed to
Meet Pop.
Forecast &
Attain‐
abiltiy
Levels
(dwellings)
Potential
Dwelling
Unit
Surplus by
2035
(dwellings)
Likely
Residential
Land Need
by 2035
(acres)
Potential
Residential
Land
Surplus or
(Deficit) by
2035 (acres)
Low Density
(primarily large
lot SFD in R‐7.5,
R‐10, R‐15
zones)
69.2 502.7 ‐ ‐ 571.9 1,646 783 863 272.1 299.8
Medium
Density
(primarily small
lot SFD in R‐3,
R‐5 zones)
5.5 30.6 104.3 ‐ 140.4 1,017 456 561 62.9 77.5
High Density
(primarily MF in
R0, R‐2, R‐2.5,
GC, NC/RO,
OC/R3, EC, HC,
CR&D, EC/RO,
OC zones)
2.6 5.6 22.8 80.9 111.9 2,400 2,321 79 108.2 3.7
Total 77.3 538.9 127.1 80.9 824.2 5,063 3,560 1,503 443.3 380.9
EXHIBIT E-2/PAGE 1 OF 1
Comprehensive Plan Housing Analysis
AN 23-0004