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Ord 2946 w-Attach Adopted-Signed AN 24-0001 Effective Date: August 15, 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service agreement between the City and the district, the City elects ORS 222.520(2)(b), and the territory shall be withdrawn from that district immediately upon approval of the annexation; and, WHEREAS, the territory lies within the Clackamas County Enhanced Sheriff's Patrol District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Clackamas County, and the district has no bonded debt, the City elects ORS 222.520(2)(b), and the territory shall be withdrawn from the district upon approval of the annexation; and, WHEREAS, LOC 50.01.004.5 specifies that, where the Comprehensive Plan Map requires a specific Zoning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) PAGE 1 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 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) PAGE 2 OF 3 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 the 16th day of July, 2024. AYES: Mayor Buck, Afghan, Wendland, Verdick, Mboup, Rapf, Corrigan NOES: None ABSTAIN: None EXCUSED: None bon Joseph . Buck, Mayor 9'0.21 Dated ATTEST: Kari Lin er, City Recorder APPROVED AS TO F M: Ellen Osoinach, City Attorney Ordinance 2946,AN 24-0001 (21E04BD01100) PAGE 3 OF 3 7 o Annexation to the City of Lake Oswego R-�15 DP AN 24-0001/Ordinance 2946 K3 1_13311 I 13322 - G' °' U R-10 13300 13337 .a) 13348 >—\\ 17) Leslie Ln _ E = 13360 '� c N) 13440 a� N 13455cn Llt = 13520 I ' co 13595 I 13585 I1 13599 --_ I - - - - 0� 1 I 1 113612 13611 1 13615 i I I R-15 13501 1 13680 r U1 I (}1 AI ;1 13700 w i 13705 13741 0 oa CA Lop: "'� 13781 co 13701 j Knaus Rd (KNAUS) 73> ' ( ! Attachment A a Tax Lot IDs: 21E04BD01100o 0or. 70 City of Lake Oswego: 1 Ar SL J 1 COMPREHENSIVE PLAN = R-15, Residential Low Density ZONING = R 15, Residential Low Density z- Cameo i� Clackamas County: N ZONING =elill I I IL R-20, Urban Low Density Residential rietropoli � _--, W I I Lake Oswego ri Subject / 1 Oa 1-- City Limits Property 0 50 100 200 300 400 1 i 1 — — Feet 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 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 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(6).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. 2 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 30'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 30'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