Notice of Decision w-Attach AN 23-0006
503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
NOTICE OF
FINAL CITY COUNCIL DECISION
ON ANNEXATION
Date Mailed: November 13, 2023
Owners/Applicants: Rich S. Dorr/Washington Court LLC (O)
Kimberly Sektnan, Performance Properties, Inc. (A)
Location of Property: 6117 Washington Court (21E07CC06300)
File No: AN 23-0006 (Ordinance 2936)
In accordance with LOC 50.01.004.5, the City zoning designation of R-7.5 shall be applied to the
subject property on the effective date of annexation. Permitted and conditional uses in this zone
can be found in LOC 50.03.002.
Date of Final City Council Decision:
The City Council approved and enacted this annexation as set forth in Ordinance 2936 on November 7,
2023.
Effective Dates:
1. The effective date of Ordinance 2936 shall be on the 30th day after its enactment, pursuant to
the Lake Oswego City Charter. The ordinance was enacted on November 7, 2023.
2. Effective Date of Annexation.
Following the filing of the annexation with the Secretary of State, the effective date of the
annexation shall be upon the later of either (see note below):
a. The 30th day following the date of adoption of the ordinance, or
b. The date of filing of the annexation records with the Secretary of State.
Note: 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, then the effective date of the annexation shall
be delayed until, and the annexation shall become effective on, the day after the election.
AN 23-0006 Page 2 of 2
To Learn More About the Effective Date of an Annexation
Once the City of Lake Oswego has been notified that the Secretary of State has filed the documents
(generally 3 to 4 weeks from the City Council’s decision), the effective date of the annexation will be
posted to the City’s web site at:
https://www.ci.oswego.or.us/citycouncil/23-0006-6117-washington-court
For additional information on the effective date, you may also contact:
Cristina Siquina Calderón
City of Lake Oswego – Planning Division
(503) 635-0296 or by e-mail at csiquina@ci.oswego.or.us
Right to Appeal: This decision may be appealed, by those who appeared orally or in writing in these
proceedings, by filing a written Notice of Intent to Appeal with the State of Oregon Land Use Board
of Appeals (LUBA) within 21 days of the date of the decision. Date of decision: November 7, 2023.
Twenty-one-day deadline: November 28, 2023. For more information, contact LUBA at:
Land Use Board of Appeals
550 Capitol St. NE, Suite 235
Salem, OR 97301-2552
(503) 373-1265
How to Obtain More Information: The decision is available for review, and a copy may be obtained
at cost at the following address:
City of Lake Oswego
Planning Department
Lake Oswego City Hall
PO Box 369
380 A Avenue
Lake Oswego, OR 97034
Phone (503) 697-6591
Or call
Paul Espe, Associate Planner
Phone (503) 697-6577
Ordinance 2936, AN 23-0006
(21E07CC06300) PAGE 1 OF 3
ORDINANCE 2936
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.42
ACRES AT 6117 WASHINGTON COURT; DECLARING CITY OF LAKE OSWEGO ZONING
PURSUANT TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN
DISTRICTS (AN 23-0006).
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, the part of the territory that lies within the Surface Water Management Agency of
Clackamas County will by operation of ORS 222.520 be withdrawn from that agency
immediately upon approval of the annexation; and,
WHEREAS, LOC 50.01.004.5 specifies that, where the Comprehensive Plan Map requires a
specific Zoning Map designation to be placed on the territory annexed to the City, such a zoning
designation shall automatically be imposed on the territory as of the effective date of the
annexation; and,
WHEREAS, this annexation is consistent with the Urbanization Chapter of the City of Lake
Oswego’s acknowledged Comprehensive Plan, Oregon Revised Statutes 222.111(2), 222.120
and 222.125 for boundary changes, and Metro Code Sections 3.09.040(A) (1-4) and 3.09.045.
Effective Date: December 7, 2023
Ordinance 2936, AN 23-0006
(21E07CC06300) PAGE 2 OF 3
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 southwest quarter of Section 7, Township 2 South, Range 1
East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, said tract of
land being that property convey to Washington Court LLC, an Oregon limited liability company,
by Statutory Warranty Deed recorded August 17, 2004 in the Official Records of Clackamas
County, as Recording No. 2004-075366; said tract of land more particularly described as
follows:
The south one-half of Block 47, Lake Forest Plat No. 2 (Plat No. 536), plat records of Clackamas
County.
The annexed territory is depicted on Attachment A.
Section 2. The annexed area lies within the following districts and shall be retained within
these districts upon the effective date of annexation:
Lake Grove Park District
Lake Grove Water District
Section 3. The annexed area lies within the following districts and shall be withdrawn from
these districts upon the effective date of annexation:
Lake Grove Fire District #57
Clackamas County Enhanced Sheriff’s Patrol District
Surface Water Management Agency of Clackamas County
Section 4. In accordance with LOC 50.01.004.5, the City zoning designation of R-7.5 shall be
applied to the subject property on the effective date of annexation, as shown on Attachment A.
Section 5. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Section 6. Effective Dates:
a. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 35.C, this ordinance shall be effective on the 30th day after its enactment.
b. Effective Date of Annexation. Following the filing of the annexation records with
the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the
later of either:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
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 the 711 day of November, 2023.
AYES: Mayor Buck, Corrigan, Wendland, Mboup, Verdick, Rapf, Afghan
NOES: None
ABSTAIN: None
EXCUSED: None
Joseph M. Buck, Mayor
1J (� la�
Dated
ATTEST:
Kari Linde 01ity Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2936,AN 23-0006
(21E07CC06300) PAGE 3 OF 3
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AN 23-0006/Ordinance 2936
0 80 160 240 320
Feet
R-10R-7.5
Annexation to the City of Lake Oswego
³
8/25/2023
Lake Oswego
City Limits
Subject
Property
Attachment A
Tax Lot IDs:21E07CC06300
City of Lake Oswego:
COMPREHENSIVE PLAN = R-7.5, Residential Low Density
ZONING = R-7.5, Residential Low Density
Clackamas County:
ZONING = R-10, Low Density Residential
0 100 200 300 40050
Feet
R-10
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 1 OF 11
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.
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 2 OF 11
ORS 222.111(2) provides that a proposal for annexation of territory to a City may be initiated by the
legislative body of the City, on its own motion, or by a petition to the legislative body of the City by owners
of real property in the territory to be annexed. The owner of this property has petitioned the City for this
annexation. The proposed annexation complies with this statute.
2. ORS 222.120 - 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.
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 the City Maintenance Center. A notice was also posted on the site on October 6, 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 owner who is
also the only elector 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.
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).
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 3 OF 11
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 October 6, 2023), and
by publishing notice in the Lake Oswego Review, a newspaper of general circulation in the City, on
October 25 and November 1, 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.
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 owner, who is also
the only elector on this property, has signed the application and petition. A map and legal
description in the form required by the City have been included in the application materials and are
on file. The owner of this property has consented to the annexation on the annexation petition,
meeting the consent requirements of ORS 222.170(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.
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 4 OF 11
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.
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.
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 5 OF 11
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 is available from a City of Lake Oswego
eight-inch collection line in Washington Ct. along the site frontage.
The applicant has already installed a service lateral and connected to the city sanitary
system prior to annexation due to a septic system failure. The connection was made after
an Irrevocable Consent to Annex was recorded. The applicable street opening permit and
system development charge were received and the existing septic tank was
decommissioned per DEQ standards. The sanitary system has been installed in a manner
that is consistent with the City Waste Water Master Plan. Future development of the
property would need to follow the applicable development standards (LOC 38.18.305; LOC
50.07.003.14.d.ii and .15.d.ii; LOC 50.06.008.3.f).
Water System Master Plan: Water is available from a six-inch Lake Grove Water District Line
in Washington Court and Mellon Avenue along the site’s frontages. The nearest existing fire
hydrant is located across the street from the site at the southeast corner of the intersection
of Washington Court/Wight Lane. 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.
Transportation (Statewide Planning Goal 12): The City’s Transportation System Plan (TSP)
implements the multi-modal transportation system that will meet the needs of the city for a
20-year planning horizon. Washington Court is identified as a Local Street in the City’s TSP.
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-10 on Clackamas County’s Comprehensive Plan and Zoning Maps. It is designated R-7.5
(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-7.5 will be automatically
applied to this property.
The City and County have coordinated their comprehensive plans within the Dual Interest
Area outlined in the City/County Urban Growth Management Agreement (dated February 4,
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 6 OF 11
1992 and updated November 18, 1997), hence the City/County designations have been
determined to be compatible. The proposed zoning designation of R-7.5 is consistent with
the Urban Growth Management Agreement between the County and the City.
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 0.42 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.
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 Jean Road fire station on 4555 Jean Road,
located southeast of the site, would be able to respond to emergencies under the eight-
minute goal established in the Comprehensive Plan.
Police: Upon annexation, this property will be withdrawn from the Clackamas County
Enhanced Sheriff’s Patrol District and served by the City. The Lake Oswego Police
Department reviewed the proposal and indicated that it does not have any concerns with
serving this property upon annexation.
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 7 OF 11
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):
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.
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 8 OF 11
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-7.5. The City Comprehensive plan
and corresponding Zone Map designation of R-7.5 provide a greater amount of housing
density than the Clackamas County R-10 residential zoning designation. If this property was
to be redeveloped with the primary use being a single-family dwelling, the City R-7.5 zoning
would allow two additional primary dwelling units and two 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).
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 9 OF 11
“Discretionary” amendments are where more than one zoning designation is applicable, as
prescribed by the city’s comprehensive plan and the city-county UGMA, and the City Council
has discretion in applying zoning.
The proposed rezoning in AN 23-0006 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-7.5 zone is proposed to be applied consistent with (matching) the R-7.5 land use
designation in the City’s Goal 10/Metro Housing Rule-compliant comprehensive plan. The
City Council does not have discretion to apply a different zone to the subject property unless
it is amending the Comprehensive Plan to change the land use designation; therefore, the
City does not evaluate proposed zones against its Housing Needs Analysis (HNA).
The City simply applies the zoning that is prescribed by the Comprehensive Plan, consistent
with the HNA and the Complete Neighborhoods and Housing (Goal 10) chapter of the Plan.
In doing so, the City relies on LOC 50.01.004.5.a, which states that the Lake Oswego
Comprehensive Plan Map provides for the future City zoning of all property within the City’s
Urban Service Boundary. In cases where the Comprehensive Plan Map requires a specific
zoning map designation, this designation is automatically imposed on territory when
property is annexed to the City.
In conclusion, the proposed R-7.5 zoning is consistent with the Comprehensive Plan and
City-County UGMA for the subject property and the City Council does not have other zoning
options from which to choose in approving AN 23-0006.
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-
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 10 OF 11
judicial land use actions adjacent to, or in close proximity to unincorporated areas.
The City shall provide notice to the County of private or City initiated annexation
requests within five days of the filing of an application with the Portland
Metropolitan Boundary Commission.”
The Urban Growth Management Agreement specifies that the City notify the County of an
annexation request within five days of when it is submitted to the Boundary Commission.
There is no longer a Boundary Commission for the Portland Metropolitan area.
Staff relies on the notice requirements of Metro Code 3.09.030(B), which requires mailing
notice to all necessary parties, posting of a weatherproof notice in the general vicinity of the
affected territory, and by publishing notice in a newspaper of general circulation in the
affected territory. Notice shall be mailed and posted at least 20 days prior to the date of
deliberations.
The notice required by MC 3.09.030(B) shall follow the requirements under MC 3.09.030(C),
where the notice shall describe the affected territory in a manner that allows certainty, state
the date, time and place where the reviewing entity will consider the boundary change; and,
state the means by which any person may obtain a copy of the reviewing entity’s report on
the proposal. Clackamas County is a “necessary party” under the Metro Code definition and
was notified on October 6, 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).
Washington Court is identified as a Local Street in the City’s Transportation System Plan 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.
Ordinance 2936 (AN 23-0006) ATTACHMENT B/PAGE 11 OF 11
2. Consider whether the boundary change would
a. Promote the timely orderly and economic provision of public facilities and services
b. Affect the quality and quantity of urban services
c. Eliminate or avoid unnecessary duplication of facilities or services
The proximity of this property to existing City services will allow this annexation to promote
the timely, orderly and economical extension of public facilities and services. This property
can readily be served with urban services and facilities.
If and when additional development occurs in the area, provision of public facilities and
services will occur consistent with the City’s adopted public facility master plans, ensuring
that it does not adversely affect the quality or quantity of urban services and avoiding
unnecessary duplication of facilities or services.
Therefore, this boundary change is consistent with criteria 2.a through 2.c.
E. A city may not annex territory that lies outside the UGB except it may annex a lot or parcel
that lies partially within and partially outside the UGB.
The property to be annexed is located entirely within the Metro Urban Growth Boundary (UGB).
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 23-0006 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.