Council Report 06-26-24 CCPH 07-16-24 w-Exh AN 24-0001 o�� F s� COUNCIL REPORT
V O
OREGO�
Subject: Ordinance 2946, Annexing property at 13699 Knaus Road (AN 24-0001)
Meeting Date: July 16, 2024 Staff Member: Paul Espe, Associate Planner
Report Date: June 26, 2024 Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑x Public Hearing ❑ Denial
❑x Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments: This annexation is being processed as a
❑ Council Direction public hearing (not expedited decision) under Metro
❑ Consent Agenda Code 3.09.050(A-D).
Staff Recommendation: Enact Ordinance 2946.
Recommended Language for Motion: Move to enact Ordinance 2946.
Project/ Issue Relates To: Annexation of residential property to the city
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) X❑Not Applicable
EXECUTIVE SUMMARY/BACKGROUND
The proposed annexation is owner-initiated and will result in the addition of approximately 0.54
acres of residential land to the City. This Council Report describes the reasons for the
annexation and provides basic background information. The criteria for approving annexations
and findings in support of this annexation are included in Attachment B of Exhibit A-1
(Ordinance 2946).
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
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Owner/Applicant: Langqun Shuiyuan LLC/Stephen Elliott, Green Gables Design and Restoration
Location/Size: West side of Knaus Road, approximately 200 feet north of the intersection of
Knaus Road and Cameo Court/0.54 acres (23,522 square feet).
Existing Land Use:Tax Lot 1100 contains a single-family dwelling that takes access from Knaus
Road.
Neighborhood: Forest Highlands Neighborhood
Purpose of Annexation: Owner initiated annexation to allow the property to be under the
City's jurisdiction (similar to the property to the west under their ownership). Future
development of the property is outside the issue of whether the proposed annexation meets
the annexation criteria.
DISCUSSION
Plan and Zone Designation: The subject property is currently under Clackamas County's
jurisdiction and zoned Low-Density Residential R-20. It is designated R-15, Low Density
Residential' on the City of Lake Oswego Comprehensive Plan Map and will be zoned R-15
pursuant to LOC 50.01.004.5.a-c.
'The actual density on the lot will be as permitted for residential uses on the lot(LOC 50.03.002.2),and
dimensional standards(LOC 50.04.001).
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Development Potential: The parcel is approximately 0.54 acres. Based on the size and shape of
the parcel it can cannot be further divided.
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
Buildable Lands Analysis and Housing Needs Analysis, which anticipates the City eventually
annexing all of the unincorporated lands within the USB and applying the appropriate zoning
consistent with the Comprehensive Plan's land use designations.
The proposal has no effect on the City's Buildable Lands Inventory or Housing Needs Analysis
because the Buildable Lands Inventory (BLI) and Housing Needs Analysis (HNA) is based on the
lands within the City's Urban Service Boundary (USB), and the land is within the USB. The
proposal is consistent with the Comprehensive Plan and therefore complies with Goal 10. See
Attachment B for the complete findings under Goal 10.
Sewer and Water Service:
Sanitary sewer service is available from a City of Lake Oswego 8-inch collection line in Knaus
Road. This line terminates approximately 450 feet to the southeast of the site in between 13744
and 13750 Knaus Road. Following the City Wastewater Master Plan, any future public sewer
connection for this site would require the sewer to be extended up Knaus Road.
Depending on the timing of other development in the vicinity of the site, the sewer line may be
required to be extended to a terminus point near the northern boundary of this property. Since
this property will be required to contribute its share of the cost of the sewer system in Knaus
Road, connection to the public sewer would not be allowed to cross through 13501 Knaus Road
within a private sanitary sewer easement, and would be required to connect to a public main
located along the site's street frontage of Knaus Road.
If the property connects to city sewer, any existing septic tanks on the site shall be
decommissioned (removal, or filling with sand or gravel). The parcel will be charged the
applicable System Development Charge (SDC) for connection to the public sewer. All work
would be done by private contractors.
Water is available from a City 8-inch water main in Knaus Road that provides water service to
this property. The existing home on the site is already connected to the public main. The
nearest existing fire hydrant is located approximately 130 feet north of the site along the west
side of Knaus Road.
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Surface Water Management: Once the property is annexed, the territory will be subject to the
City's stormwater management regulations. Any new development will be subject to these
provisions, which ensure that any new development complies with the stormwater
management requirements and does not overburden the City stormwater system.
Service Districts: Upon annexation, the property will, by operation of ORS 222.520, be
withdrawn from the Lake Grove Fire District#57 (per July 2003 urban service agreement; no
bonded debt) and the Clackamas County Enhanced Sheriff's Patrol District (no bonded debt) but
will remain in the Lake Grove Park District (per July 2003 urban service agreement; no bonded
debt), and the Library District of Clackamas County (per 2009 County IGA; no bonded debt).
Transportation: Knaus Road is a two-lane neighborhood collector in a 50-foot right-of-way. It is
under the jurisdiction of Lake Oswego. The nearest mass transit service is Tri-Met bus line 78,
which operates between downtown Lake Oswego and the Tigard and Beaverton Transit Centers.
Service can be accessed at the intersection of Goodall Road and Country Club Road.
The draft findings provided in Attachment B of Exhibit A-1 conclude that the proposed
annexation complies with all applicable State statutes and Metro code requirements.
FISCAL IMPACT
The estimated assessed value of the residential property is $394,585. The estimated tax
revenue after the parcels are annexed is $1020.
RECOMMENDATION
Approve AN 24-0001 (Ordinance 2946).
EXHIBITS
A. Draft Ordinances
AN 24-0001:
A-1 Ordinance 2946 (Draft Annexation, 06/26/24)
Attachment A: Map of Proposed Annexation, 04/29/24
Attachment B: Criteria, Findings, Conclusion and Effective Date, 06/26/24
B. Minutes
None.
C. Staff Reports
None.
D. Graphics/Plans
None.
E. Written Materials
E-1 Housing Needs Analysis 2023 (Oregon Statewide Planning Goal 10;
Comprehensive Plan excerpt, 09/21/23)
(due to size, use link below to view this exhibit)
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LINK TO PUBLIC RECORDS FOLDER FOR THIS CASE
https://www.ci.oswego.or.us/WebLink/Browse.aspx?id=2740177&repo=CityOfLakeOswego
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
DRAFT: 06/26/2024
ORDINANCE 2946
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.54
ACRES AT 13699 KNAUS ROAD; DECLARING CITY OF LAKE OSWEGO ZONING OF R-15,
PURSUANT TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN
DISTRICTS (AN 24-0001).
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 territory lies within the Lake Grove Fire District#57 district boundaries and the
district has no bonded debt, and pursuant to the July 2003 urban service agreement between
the City and the district, the City elects ORS 222.520(2)(b), and the territory shall be withdrawn
from that district immediately upon approval of the annexation; and,
WHEREAS, the territory lies within the Clackamas County Enhanced Sheriff's Patrol District
boundaries, which serves unincorporated property within Clackamas County, and the district
has no bonded debt, the City elects ORS 222.520(2)(b), and the territory shall 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 3.09.030 (A-C), 3.09.040(A)(1-4)
and 3.09.050.
Ordinance 2946,AN 24-0001
(21E04BD01100) EXHIBIT A-1/PAGE 1 OF 3
DRAFT: 06/26/2024
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 October 20, 2023 in the Official Records of
Clackamas County, as Recording No. 2023-037705; said tract of land more particularly
described as follows:
Beginning at an iron pipe on the westerly right of way line of Knaus Road (County Road No.
676), said iron pipe being at the southeast corner of a tract of land convey to C. Todd Jessell and
Shirley A. Jessell by Warranty Deed recorded July 1, 1952 in the Official Records of Clackamas
County, as Book 458, Page 297, said iron pipe bears West, 40.00 feet and North 0°00'30" West
(northerly as per Recording No. 2023-037705, North 0°00'30" West as per Record of Survey No.
PS3598, Clackamas County survey records), 208.90 feet from the center one-quarter corner of
said Section 4;
Thence North 0°00'30" West (northerly as per Recording No. 2023-037705, North 0°00'30"
West as per said Book 458, Page 297) along said Knaus Road westerly right of way line, 208.60
feet to the northeast corner of said Jessell tract;
Thence leaving said westerly right of way line, West along the northerly line of said Jessell tract,
112.26 feet to an iron pipe;
Thence leaving the northerly line of said Jessell tract, South, 208.60 feet to the southerly line of
said Jessell tract;
Thence along said Jessell southerly line, East, 111.96 feet, more or less, to the point of
beginning.
The annexed territory is depicted on Attachment A.
Section 2. The above Recitals are incorporated.
Section 3. 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
Section 4. 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 5. 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.
Ordinance 2946,AN 24-0001
(21E04BD01100) EXHIBIT A-1/PAGE 2 OF 3
DRAFT: 06/26/2024
Section 6. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Section 7. 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 day of , 2024.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
Dated
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2946,AN 24-0001
(21E04BD01100) EXHIBIT A-1/PAGE 3 OF 3
7
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AN 24-0001/Ordinance 2946 K3
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Tax Lot IDs: 21E04BD01100o
0or. 70 City of Lake Oswego:
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Ar SL J 1 COMPREHENSIVE PLAN = R-15, Residential Low Density
ZONING = R 15, Residential Low Density
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R-20, Urban Low Density Residential
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4/29/2024
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 (A-C) 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."
4. Policy D-3: "Enter into and maintain an Urban Growth Management Agreement with Clackamas
County for lands within the Urban Services Boundary to ... "g. Promote orderly annexation of
territory."
D. Comprehensive Plan—Complete Neighborhoods and Housing (Statewide Goal 10)
Policy B-1: "Provide and maintain zoning and development regulations that allow the opportunity to
develop an adequate supply and variety of housing types, and that accommodate the needs of
existing and future Lake Oswego residents."
E. OAR 660-008-0010-Allocation of Buildable Land
FINDINGS:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2)Authority and Procedure for Annexation Specifying Tax Rate in annexed territory.
ORS 222.111(2) provides that a proposal for annexation of territory to a City may be initiated by the legislative body
of the City, on its own motion, or by a petition to the legislative body of the City by owners of real property in the
territory to be annexed. The owner of this property has petitioned the City for this annexation.The proposed
annexation complies with this statute.
2. ORS 222.120 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.
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 1 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 City Hall,the Adult Community Center, and the City Library. A notice was also
posted on the site on June 26, 2024.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 the sole and only elector, 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 partiesl, 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 26, 2024), and by publishing
notice in the Lake Oswego Review, a newspaper of general circulation in the City. 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).
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 2 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 owner has signed the
application and petition. The property is occupied by a single-family dwelling, which is now vacant. A map
and legal description in the form required by the City have been included in the application materials and are
on file.The property owner has consented to the annexation on the annexation petition, meeting the
consent requirements of ORS 222.125. The annexation petition complies with the Metro code requirements.
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.
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 Grove Park District (Lake Oswego
School District) and 2) Lake Grove Fire District.
Lake Grove Park District (Lake Oswego School District): The City and the Lake Oswego School District
entered into an ORS 195.065 urban service agreement for park services in July, 2003. The School
District operates the Lake Grove Swim Park located at 3800 Lakeview Boulevard. The agreement
states that the annexation of property by the City within the Lake Grove Park District (which funds
the swim park) shall not cause the withdrawal of the property from the district.
Lake Grove Fire District: The City and District entered into an ORS 195.065 urban service agreement
for fire protection in July, 2003.The agreement states that upon annexation of property within the
district by the City,the annexed property shall be withdrawn from the District and the City shall
provide fire protection services. This property is within the boundaries of the Lake Grove Fire District
#57 and the annexation will withdraw this property from that District.
The proposed annexation is consistent with these agreements.
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 3 OF 10
b. Any applicable annexation plan adopted pursuant to ORS 195.205.
There are no applicable annexation plans adopted pursuant to ORS 195.205 relating to the affected
territory.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party.
There are no ORS 195.020(2) cooperative agreements (which relate to special districts) between the
city and a necessary party.
d. Any applicable public facility plan adopted pursuant to a statewide planning goal
on public facilities and services.
Consistent with Statewide Planning Goal 11 (Public Facilities) and the Community Health and Public
Safety Chapter of the Comprehensive Plan,the City maintains a Public Facilities Plan (PFP).The PFP
consists of master plans for streets, sanitary sewer, water, and stormwater facilities, which provide
the basis for long-range planning for both the incorporated and unincorporated lands within Lake
Oswego's Urban Services Boundary.The PFP is comprised of the Lake Oswego Transportation
System Plan, Wastewater Master Plan, Water System Master Plan, and Clean Streams (Stormwater)
Plan, pursuant to Statewide Planning Goals 11 (Public Facilities) and 12 (Transportation).
Wastewater Master Plan: Sanitary sewer service is available from a City of Lake Oswego 8-inch
collection line in Knaus Road.This line terminates approximately 450 feet to the southeast of the site
in between 13744 and 13750 Knaus Road. Following the City Wastewater Master Plan, any future
public sewer connection for this site would require the sewer to be extended up Knaus Road.
Depending on the timing of other development in the vicinity of the site,the sewer line may be
required to be extended to a terminus point near the northern boundary of this property. Since this
property will be required to contribute its share of the cost of the sewer system in Knaus Road,
connection to the public sewer would not be allowed to cross through 13501 Knaus Road within a
private sanitary sewer easement, and would be required to connect to a public main located along
the site's street frontage of Knaus Road.
If the property connects to city sewer, any existing septic tanks on the site shall be decommissioned
(removal, or filling with sand or gravel).The parcel will be charged the applicable System
Development Charge (SDC)for connection to the public sewer.All work would be done by private
contractors.
The sanitary sewer service that would potentially serve this property could be provided in a manner
that is consistent with the Wastewater Master Plan.
Water System Master Plan: Water is available from a City 8-inch water main in Knaus Road that
provides water service to this property.The existing home on the site is already connected to the
public main.The nearest existing fire hydrant is located approximately 130 feet north of the site
along the west side of Knaus Road.
Water is provided to this site in a manner that is consistent with the City 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 38.25), consistent with the Clean Streams (Stormwater) Plan.
Transportation (Statewide Planning Goal 12): Knaus Road is a two-lane neighborhood collector in a
50-foot right-of-way. It is under the jurisdiction of the City of Lake Oswego.
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 4 OF 10
The City's Transportation System Plan implements the multi-modal transportation system that will
meet the needs of the city for a 20-year planning horizon.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: This property is currently designated R-20, Low Density Residential on
Clackamas County's Comprehensive Plan and Zoning Maps. It is designated low Density Residential',
R-15 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- Urbanization:The Lake Oswego Comprehensive Plan contains the
following relevant language in the Urbanization chapter:
Policy A-3: "The Urban Services Boundary(as depicted on the Comprehensive Plan Map) is the area
within which the City shall be the eventual provider of the full range of urban services."This property
is within the City's Urban Services Boundary.Therefore,the proposed annexation and the withdrawal
of this property from the identified districts is consistent with this policy.
Policy C-3: "Ensure that annexation of new territory or expansion of Lake Oswego's Urban Services
Boundary does not detract from the City's ability to provide services to existing City residents."
The approval of this annexation will result in the addition of 0.54 acres to be served by the City. As
stated in Section 2(b)(1),the addition of this territory will not detract from the City's ability to
provide police and fire protection to existing City residents.
As outlined elsewhere in these findings and the incorporated materials, annexation of this property
will not affect the City's ability to provide parks and recreation services, sewer or water services.
Policy C-4: "Prior to the annexation of non-island properties, ensure urban services are available and
adequate to serve this property or will be made available in a timely manner by the City or a
developer, commensurate with the scale of the proposed development."
Availability of urban services serving this property is discussed below:
Water: Water is available to serve the subject area, as detailed in subsection D.1.d.
Sewer: Sanitary sewer service is available to serve the subject area, as detailed in subsection D.1.d.
Stormwater: As detailed in subsection D.1.d,future development will be required to comply with the
City standards for stormwater management.
Fire Protection: Lake Grove Fire District#57 provides fire protection services to this property by
agreement with the City of Lake Oswego. Upon annexation,this property will be withdrawn from this
fire district per a July 2003 urban service agreement and will be 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.
The actual density on the lot will be as permitted for residential uses on the lot(LOC 50.03.002.2), and dimensional standards
(LOC 50.04.001).
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 5 OF 10
Police: Upon annexation, this property will be withdrawn from the Clackamas County Enhanced
Sheriff's Patrol District (the District serves unincorporated areas) and served by the City of Lake
Oswego. The Lake Oswego Police Department reviewed the proposal and indicated that it does not
have any concerns with serving this property upon annexation.
Parks and Open Space: The City has 629 acres of park and open space lands, or 14.6 acres per 1,000
population.The parks nearest to this property are Tryon Creek State Natural Park, Woodmont Park,
Springbrook Park and Iron Mountain Park.The City's park system will not be overburdened by any
additional population annexed to the City with this application.
Lake Grove Park District:The Lake Grove Swim Park, managed by the Lake Oswego School District,
and funded by the Lake Grove Park District, is located at 3800 Lakeview Boulevard. The swim park is
approximately 1.3 acres in size with restroom, play and swim facilities. Per the City's IGA with the
District, this property will remain within the Lake Grove Park District following annexation.
Transportation -Streets and Mass Transit:Transportation infrastructure and transit service is
available to serve the subject area, as detailed in subsection D.1.d, above.
Other Urban Services: LOC 50.06.008.1, and .3 requires that all development requiring connection to
utilities or increasing residential density be provided with the following utility services: sanitary
sewer,water, sidewalks, pedestrian and bicycle paths,traffic control signs and devices, street lights,
streets, and TV cable.These utilities are now in place or can be put in place to serve this property.
In the event that future development occurs, an applicant for development is obligated to construct
all necessary public facilities to serve their development.
Policy D-3 "D-3. Enter into and maintain an Urban Growth Management Agreement with Clackamas
County for lands within the Urban Services Boundary to Promote orderly annexation of territory;
Urban Growth Management Agreement
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.
Similarly, 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.
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."
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 6 OF 10
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 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 26, 2024, 20 days
before the 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 a two-lane neighborhood collector in a 50-foot right-of-way. It is under the jurisdiction
of Lake Oswego.The nearest mass transit service is Tri-Met bus line 78, which operates between
downtown Lake Oswego and the Tigard and Beaverton Transit Centers. Service can be accessed at
the intersection of Knaus and Country Club Roads.
Comprehensive Plan Policies-Complete Neighborhoods and Housing (Statewide Goal 10)
City Comprehensive Plan Complete Neighborhoods and Housing Chapter
The Complete Neighborhoods and Housing Chapter of the City's Comprehensive Plan implements
Statewide Housing Goal 10 and the Portland Metropolitan Housing Rule (OAR 660-007-0000 et seq.),
which requires that the City plan for a supply of residentially zoned land with an average allowed
density of 10 dwelling units per net acre, and the opportunity to develop a mix of housing types
consisting of not less than 50%attached and multifamily dwellings. Compliance with the State rules
ensures the opportunity to provide adequate numbers of needed housing units and the efficient use
of buildable land within urban growth boundaries,while promoting certainty in the development
process to help reduce housing costs.
The following Oregon Administrative Rule (OAR) provides standards for compliance with Goal 10
"Housing" pursuant to ORS 197.296 (Buildable Lands) and ORS 197.303 through 197.307 (Needed
Housing):
Ordinance 2946 (AN 24-0001) 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 Housing Needs Analysis 20 Year Housing Need
2023-2043 (HNA 9/21/23), also incorporated herein by reference, and the City of Lake Oswego-
Clackamas County Urban Growth Management Agreement (UGMA), which specifies future zoning of
lands within the USB upon annexation to Lake Oswego.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 Lake Oswego (City) and unincorporated areas within Lake Oswego's Urban Services
Boundary(USB).
The Comprehensive Plan Map's residential land use designations are based on the HNA.These
designations match the corresponding Zoning Map designations such that there is only one zone for
each Plan designation, and therefore only one zone that is applied to each lot upon annexation,
consistent with the HNA and in compliance with Goal 10 and the Metropolitan Housing Rule. In the
case of the subject application, the applicable Plan Map designation and corresponding Zone Map
designation is R-15.The City Comprehensive plan and corresponding Zone Map designation of R-15
provide a greater amount of housing density than the Clackamas County zoning designation of R-20.
If this property was to be redeveloped, the zoning would allow additional primary dwelling units and
accessory dwelling units (ORS 197.312) (LOC Table 50.03.002-1 Residential Districts Use Table).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.
The proposed rezoning in AN 24-0001 is non-discretionary because the zoning is prescribed by the
City of Lake Oswego Comprehensive Plan and the zoning conversion table in the City of Lake
Oswego-Clackamas County UGMA.
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 8 OF 10
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 the 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 24-0001.
f. Any applicable concept plan
There are no applicable concept plans in this area.
2. Consider whether the boundary change would
a. Promote the timely orderly and economic provision of public facilities and services
b. Affect the quality and quantity of urban services
c. Eliminate or avoid unnecessary duplication of facilities or services
The proximity of this property to existing City services will allow this annexation to promote the
timely, orderly and economical extension of public facilities and services. This property can readily
be served with urban services and facilities.
If and when additional development occurs in the area, provision of public facilities and services will
occur consistent with the City's adopted public facility master plans, ensuring that it does not
adversely affect the quality or quantity of urban services and avoiding unnecessary duplication of
facilities or services.
Therefore,this boundary change is consistent with criteria 2.a through 2.c.
E. A city may not annex territory that lies outside the UGB except it may annex a lot or parcel that
lies partially within and partially outside the UGB.
The property to be annexed is located entirely within the Metro Urban Growth Boundary(UGB).
F. Comprehensive Plan- Urbanization Chapter
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), "Comprehensive Plan
Policies—Urbanization."
G. Comprehensive Plan—Complete Neighborhoods and Housing(Statewide Goal 10)
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), "Comprehensive Plan
Policies—Complete Neighborhoods and Housing (Statewide Goal 10)."
H. OAR 660-008-0010-Allocation of Buildable Land
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), "Comprehensive Plan
Policies—Complete Neighborhoods and Housing (Statewide Goal 10)."
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 9 OF 10
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 24-0001 can be made
to comply with all applicable criteria and the annexation should be approved.
EFFECTIVE DATE:
A. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C.,the
ordinance shall be effective on the 30th day after its enactment.
B. Effective Date of Annexation. Following the filing of the annexation records with the Secretary of
State as required by ORS 222.177,this annexation shall be effective upon the later of:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State;
provided however that pursuant to ORS 222.040(2), if the effective date of the annexation as established
above is a date that is within 90 days of a biennial primary or general election or after the deadline for filing
notice of election before any other election held by any City, district or other municipal corporation involved
in the area to be annexed,the annexation shall become effective on the day after the election.
Ordinance 2946 (AN 24-0001) ATTACHMENT B/PAGE 10 OF 10