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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 13455 17 5 1 13855 13851 13841 13831 1382 1 1 3 8 2 0 138 3 0 13840 13850 14120 1410014101 14121 14145 1415114150 14122 1818 184 9 18 9 9 18 0 3 14161 14141 14101 14081 11 1 1 14 0 1 15 0 1 15 0 5 16 0 1 15 0 2 15 9 0 16 0 4 142 1 1 14 2 0 1 14260 14250 1989 14255 1 9 9 8 1 9 6 6 1934 1959 19 9 1 2 0 2 1 1 9 8 0 14073 14061 14051 14001 13801 13701 13600 13598 13800 13900 14000 14 0 6 6 14080 13961 13881 1380013 7 3 1 13 7 4 5 1 3 7 5 1 13 7 4 6 13 7 3 0 13 7 3 3 13 7 9 0 13 7 6 0 13 7 5 0 13 7 4 0 13 7 8 0 13 7 5 6 13 7 6 8 13 8 0 1 13795 13701 13781 13741 13699 13501 13611 13615 1358513595 13599 1655 13 7 1 0 13 7 5 5 13680 13612 13520 13440 13360 13300 13600 13401 1340 1630 13371 13339 129 9 14 3 5 13136 13201 13245 13237 13214 13092 1308413080 130 5 9 13061 13079 13101 13217 13305 1640 15 5 5 16 2 0 16 1 0 16 0 0 15 8 0 15 7 0 15 6 0 15 5 0 14 1 4 14 4 0 13 6 1 14 0 5 14 4 3 14 2 4 13 6 6 13 3 8 12 8 4 12 9 3 13 4 5 14 8 5 13 0 8 4 14 4 0 14 2 0 13 3 0 12 5 5 13 5 5 13 8 9 21 0 7 13560 13348 13346 13340 13264 13570 13561 13351 21 3 1 21 3 2 21 1 2 13580 13960 13920 13852 13888 13838 1 9 8 2 1 9 8 4 1 9 9 0 2 0 9 9 2 0 7 3 2 0 4 7 2 0 3 2 2 0 6 4 20 9 1 20 0 1 19 9 1 14102 1997 13240 14 5 5 13700 13 7 2 8 13 7 4 4 14088 13311 13322 142 1 5 142 2 0 14 2 3 7 1 9 8 1 13348 16 1 1 16 3 3 16 2 2 16 4 4 16 4 6 1677 1688 13485 14261 14267 14084 14 9 5 14005 13 7 6 4 13286 19 7 9 19 8 5 13 7 3 1 13 7 8 3 1377 0 KN A U S KN A U S 14062 140 7 0 14067 KNAUS ROAD1651 1634 1 3 7 7 7 1 3 7 6 5 13725 13 9 4 18 0 0 13 7 6 6 13707 (KNAUS) 13 1 1 2 14106 14110 13705 14128 14144 13648 13624 13912 13888 14050 17 9 6 13636 13612 14056 11 1 5 13799 135 5 21 0 1 21 0 5 13236 13258 15 7 5 13233 13596 1359013594 13592 13337 13770 13720 Kn a u s R d CountryClubRd Le s l i e C t Country Commons U p l a n d s D r Leslie Ln SW Amber Pl S W G o o d a l l R d G o o d a ll R d Knaus Rd Am b e r P l Do l p h C t SW K n a u s R d W e m b l e y P l Ve r t e C t Redwood C t SW GoodallRd Hood View Ln Timberline Dr 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