HomeMy WebLinkAboutAgenda Item - 2020-03-17 - Number 5.1 - Resolution 20-07 Luscher Farm Concept Plan
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
Subject: Resolution 20-07 Approving the Luscher Farm Concept Plan for Purposes of Applying
to Metro for an Amendment to the Urban Growth Boundary (PP 19-0012)
Meeting Date: March 17, 2020
Report Date: March 11, 2020
Staff Member: David Powell, City Attorney
Action Required Advisory Board/Commission Recommendation ☐ Motion ☐ Approval ☐ Public Hearing ☐ Denial ☐ Ordinance ☐ None Forwarded
☒ Resolution ☒ Not Applicable ☐ Information Only Comments:
☐ Council Direction ☐ Consent Agenda
Staff Recommendation: Adopt Resolution 20-07, including findings and conclusions
Recommended Language for Motion: Move to adopt Resolution 20-07.
Project / Issue Relates To: ☐Council Goals/Priorities
☒Adopted Master Plan(s)
☐Not Applicable
ISSUE BEFORE COUNCIL
Consider adopting Resolution 20-07 finalizing the City Council’s March 3, 2020, tentative
decision to approve the Luscher Farm Concept Plan, and including findings and conclusions.
DISCUSSION
On March 3, 2020, following a public hearing, the City Council tentatively approved the Luscher
Farm Concept Plan, which will be used to support the City’s application to Metro to amend the
Urban Growth Boundary to include Luscher Farm and adjacent city-owned parks and open space
properties. Attached Resolution 20-07 finalizes this decision and adopts findings and conclusions.
RECOMMENDATION
Adopt Resolution 20-07.
5.1
Page 2
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
ATTACHMENTS
• Resolution 20-07
o Luscher Farm Concept Plan (Attachment 1 to the Resolution)
o Findings and Conclusions (Attachment 2 to the Resolution)
Resolution 20-07 (PP 19-0012) Page 1 of 2
RESOLUTION 20-07
A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL APPROVING THE LUSCHER FARM
CONCEPT PLAN FOR PURPOSES OF APPLYING TO METRO FOR AN AMENDMENT TO THE
PORTLAND METRO URBAN GROWTH BOUNDARY (PP 19-0012) .
WHEREAS, Resolution 19-65 directed staff to prepare a Luscher Farm Concept Plan for review and
recommendation by the Planning Commission; and
WHEREAS, the Planning Commission conducted a public hearing on the Concept Plan on
January 27, 2020, and recommends approval; and
WHEREAS, the Lake Oswego City Council conducted a public hearing on the Concept Plan and
the Planning Commission’s recommendation at its meeting on March 3, 2020;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Council approves the Luscher Farm Concept Plan substantially in the form
attached as Attachment 1.
Section 2. The City Council adopts the findings and conclusions in Attachment 2 as support
for its decision approving the Concept Plan.
Section 3. The City Council approves submittal of the Concept Plan with the city’s application
to Metro for a major amendment to the Portland Metro UGB.
Section 4. Effective Date. This Resolution shall take effect upon adoption.
Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on
the 17th day of March 2020.
AYES:
NOES:
EXCUSED:
ABSTAIN:
___________________________________
Kent Studebaker, Mayor
Effective March 17, 2020
Resolution 20-07 (PP 19-0012) Page 2 of 2
ATTEST:
___________________________________
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
________________________________
David Powell, City Attorney
LUSCHER FARM CONCEPT PLAN
CITY OF LAKE OSWEGO
Lake Oswego City Council Resolution 20‐07
Tentative Approval March 3, 2020
Final Adoption March 17, 2020 (scheduled)
Prepared For:
Metro
March 10, 2020
Prepared By:
Lake Oswego Planning and Building Services Department
Lake Oswego Parks and Recreation Department
(pursuant to City Council Resolution 19‐65)
Attachment 1 to Resolution 20-07
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Resolution 20‐07/PP 19‐0012
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Resolution 20‐07/PP 19‐0012
ABSTRACT
Lead Agency: City of Lake Oswego, 380 A Avenue, Lake Oswego, OR 97034
Location of Property:
Six properties owned by the City of Lake Oswego and located outside the Portland Metro Urban Growth
Boundary (UGB) and City of Lake Oswego city limits, bounded by Stafford Road and Hazelia Field (city
park) to the west, Bergis Road and the City of Lake Oswego city limits to the north, Rosemont Road to
the south, and properties zoned Exclusive Farm Use to the east. The subject site includes the abutting
public rights of way. See attached map.
File Number: City Council Resolution 020‐07 (PP 19‐0012)
Nature of Proposal and Use or Uses Which Could be Authorized:
The City of Lake Oswego intends to submit an application to Metro for a major amendment to the Portland
Metro Urban Growth Boundary (UGB) by March 15, 2020 (Metro’s deadline) to add approximately 83.3
acres of City‐owned parks and open spaces (“Luscher Farm”) to the UGB. Metro code requires a concept
plan be submitted with applications for major amendments to the UGB. Therefore the City is proposing
a concept plan for Luscher Farm that will accommodate the current and long‐term needs for integrated
open space, park and recreational uses, including: 1) Urban agriculture uses and programs; 2) Athletic
fields; and 3) Connecting trails and pathways.
Following Metro approval of the UGB amendment, the City of Lake Oswego will amend its
Comprehensive Plan and Urban Services Boundary so that the Luscher Farm properties can be annexed
to the city (subject to voter approval) and zoned Park and Natural Area (PNA).
Explanation of Proposal:
The City’s is proposing the concept plan and UGB amendment for the Luscher Farm properties because:
Luscher farm provides open space, urban agriculture and recreational opportunities that cannot
be achieved on land inside the existing UGB.
Allows the City to maintain and expand a unique combination of uses such as urban agriculture,
community gardens, cultural/ historic education, interconnected trails, and appropriate
development of passive and active recreational facilities.
The land is currently zoned Exclusive Farm Use (EFU), which is intended to protect “commercial
agricultural” uses and it does not provide flexibility to accommodate "urban agriculture", trails
and educational uses and programming envisioned at Luscher Farm.
Urban facilities and services (sewer and water) cannot be extended to serve land outside of the
UGB. Additionally, System Development Charges (SDC's) cannot be spent on infrastructure
improvements outside of the UGB (such as pathways).
The City will have more certainty regarding allowable land uses on the properties and will be
able to fully implement the City's overall vision and the Luscher Area Master Plan.
The City will be able to incorporate elements of the Luscher Area Master Plan into the City’s
Comprehensive Plan and long‐range public facility plans such as the Transportation System Plan,
Wastewater System Plan and Water System Plan.
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Resolution 20‐07/PP 19‐0012
Staff Contact: Scot Siegel, Director of Planning and Building Services, (503) 699‐7474.
How to Obtain Further Information: Copies of this plan and supporting documents can be obtained
from Lake Oswego City Hall, 380 A Avenue, Lake Oswego, OR 97034, or by visiting the City’s website at:
https://www.ci.oswego.or.us/all‐projects
(Under “Search” enter PP 19‐0012, then press “Submit”)
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Contents
INTRODUCTION ............................................................................................................................................. 7
THE SITE ........................................................................................................................................................ 8
BACKGROUND ............................................................................................................................................... 9
Purpose and Need ................................................................................................................................... 10
Planning Context ..................................................................................................................................... 10
LUSCHER AREA MASTER PLAN .................................................................................................................... 11
Vision Statement ..................................................................................................................................... 11
Relationship to Lake Oswego Comprehensive Plan ................................................................................ 12
General Planning Principles .................................................................................................................... 13
Public Involvement ................................................................................................................................. 14
Urban Growth Boundary and Other Planning Considerations ............................................................... 15
URBAN GROWTH BOUNDARY CONCEPT PLAN ........................................................................................... 16
Area A: The Farr Open Space .................................................................................................................. 18
Area B: Active Recreation ....................................................................................................................... 18
Area C: Urban Agriculture ....................................................................................................................... 19
Area D: Community Garden .................................................................................................................... 21
Area E: Luscher Farm Program Area ....................................................................................................... 22
Area F: Urban Ag/Environmental Education Area .................................................................................. 25
Area G: Rosemont Entrance, Internal Road, and Parking ....................................................................... 26
Area H: Firlane Farm/Crowell Property .................................................................................................. 27
Rosemont Multi‐Use Trail ....................................................................................................................... 29
METRO FUNCTIONAL PLAN CRITERIA ......................................................................................................... 30
APPENDIX .................................................................................................................................................... 37
A. AGENCY SUPPORT ........................................................................................................................... 37
1. CITY COUNCIL RESOLUTION 19‐65 .............................................................................................. 37
2. CLACKAMAS COUNTY LETTER OF SUPPORT ................................................................................ 37
3. CITY OF TUALATIN COORDINATION SUMMARY ......................................................................... 37
4. CITY OF WEST LINN COORDINATION SUMMARY ........................................................................ 37
B. LAKE OSWEGO COMPREHENSIVE PLAN URBANIZATION CHAPTER (excerpt) ................................ 37
C. 5‐PARTY IGA FOR STAFFORD URBAN RESERVE ............................................................................... 37
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D. 3‐CITY IGA FOR STAFFORD AREA PLANNING .................................................................................. 37
E. COST ESTIMATES AND FUNDING OPTIONS ..................................................................................... 37
F. BOUNDARY SURVEY AND LEGAL DESCRIPTION .............................................................................. 37
G. STAFFORD ROAD IGA ‐ CITY OF LAKE OSWEGO AND CLACKAMAS COUNTY .................................. 37
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INTRODUCTION
This concept plan supports the City of Lake Oswego’s request to Metro to add approximately 83.3 acres
of City‐owned land in the vicinity of Stafford and Rosemont Roads to the Portland Metro Urban Growth
Boundary (UGB) to accommodate current and long‐term needs for integrated open space, park and
recreational uses. The area is referred to herein as the “Luscher Farm Concept Plan Area” (Figure 1). See
also, the boundary survey and legal description in Appendix F.
The concept plan was prepared pursuant to Metro Code 3.07.1110 and City Council Resolution 19‐65
(see Appendix A). The plan also conforms to the current Intergovernmental Agreements between Lake
Oswego, Clackamas County, Metro, and the cities of Tualatin and West Linn (see Appendices B and C) that
outline planning responsibilities for the Stafford Area and specifically recognize Lake Oswego as the lead for
concept planning and the future urban service provider for the Luscher Farm Area properties.
Figure 1: Luscher Farm Concept Plan Area and Vicinity
After Metro amends the UGB to include the concept plan area, the City will amend its Comprehensive
Plan and Urban Growth Management Agreement with Clackamas County to include the properties in
the City’s Urban Services Boundary. The City will also designate the future zoning of the area for Park
and Natural Area (PNA) uses, consistent with the city’s Comprehensive Plan and Community
Development Code. Under the Lake Oswego City Charter, voter approval (by Lake Oswego electors) is
required before the City may annex the subject properties.
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THE SITE
The subject site consists of six parcels totaling 83.3 acres of parks and natural areas (agricultural and
recreational lands) and the abutting public rights‐of‐way of Stafford Road and Rosemont Road, bounded
by the Lake Oswego city limits to the north, Stafford Road and Hazelia Field (city park) to the west,
Rosemont Road to the south, and unincorporated lands zoned exclusive farm use by Clackamas County
to the east. This is only a portion of the Luscher Farm area properties owned by the City of Lake Oswego,
as shown in Figure 1. Other City parks and open spaces in the vicinity have either been brought into the
Portland Metro UGB previously or are not timely to be brought in.
Figure 2: Hazelia Field (inside UGB) and Luscher Farm ‐ View to Southwest
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Figure 3: Luscher Farm Area UGB Amendments (not to scale)
BACKGROUND
In 2013, the City of Lake Oswego adopted the Luscher Area Master Plan (LAMP) (Resolution 13‐36),
establishing a vision and long‐range plan for City parks and open space properties in the Stafford Basin.
The LAMP was adopted pursuant to Parks Plan 2025 (Resolution 12‐44), the City’s long‐range parks and
recreation plan and an element of the City’s Comprehensive Plan. The LAMP includes all of the City‐owned
parks and open space properties in the subject area, with the exception of a 4.79‐acre addition to Stevens
Meadows that the City acquired in 2019. For the 83.3 acres in this concept plan, the master plan identifies
the following priorities: 1) urban agriculture uses and programs; 2) athletic fields; and 3) connecting
trails and pathways. The Lake Oswego Comprehensive Plan (Urbanization Policy A‐1) supports amending
the UGB when necessary for the development of public parks and recreation facilities.
The City of Lake Oswego is the sole jurisdiction that will govern and serve the concept plan area upon
annexation. The City has coordinated its concept planning with Metro, Clackamas County, the special
service districts serving the Stafford Basin, and the cities of West Linn and Tualatin, as detailed below.
The Stafford Hamlet and other Stafford Basin neighborhood associations/citizen participation
organizations have been notified of the proposed concept plan.
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Purpose and Need
The City has prepared this concept plan and is requesting Metro approve a major amendment to the
UGB at this time for the following reasons:
Luscher farm provides open space, urban agriculture and recreational opportunities that cannot
be achieved on land inside the existing UGB.
Allows the City to maintain and expand a unique combination of uses such as urban agriculture,
community gardens, cultural/ historic education, interconnected trails, and appropriate
development of passive and active recreational facilities.
The land is currently zoned Exclusive Farm Use (EFU), which is intended to protect “commercial
agricultural” uses and it does not provide flexibility to accommodate "urban agriculture", trails
and educational uses and programming envisioned at Luscher Farm.
Urban facilities and services (sewer and water) cannot be extended to serve land outside of the
UGB. Additionally, System Development Charges (SDC's) cannot be spent on improvements
outside of the UGB (such as pathways).
The City will have more certainty regarding allowable land uses on the properties and will be
able to fully implement the City's overall Vision and the Luscher Area Master Plan.
The City will be able to incorporate elements of the Luscher Area Master Plan into the City’s
Comprehensive Plan and long‐range public facility plans such as the Transportation System Plan,
Wastewater System Plan and Water System Plan.
Planning Context
The proposed concept plan properties have been identified by the City as a priority area for public
acquisition, open space protection and recreational uses for more than 20 years. Land acquisitions and
park and recreation improvements have been supported by adopted City plans and voter approval of
open space/park bond measures in 1991, 1998, 2002, and 2019.
The City has completed three substantial planning efforts and two intergovernmental agreements that
provide context for the proposed UGB amendment. These include the City's Community Vision 2035 and
Comprehensive Plan Update (2013); Parks Plan 2025; the Luscher Area Master Plan (2013); the Five‐
Party IGA on the Stafford Urban Reserve (with Clackamas County, Metro, and the cities of Tualatin and
West Linn, and Lake Oswego), adopted in 2017, and the 3‐City IGA between Lake Oswego, Tualatin and
West Linn on Stafford Area Planning, adopted in 2019. (See Appendices C and D). These plans and
agreements support the proposed UGB amendment (to include the Luscher Farm properties within Lake
Oswego), to meet current and long‐term public need for community‐scale open space, urban agriculture
and recreational uses that cannot be accommodated on land or parks inside the existing UGB.
Metro code requires city approval of a concept plan for properties that are to be brought into the UGB.
The City of Lake Oswego, pursuant to City Council Resolution 19‐65, intends to submit an application to
Metro for a major amendment to the UGB by March 15, 2020 (Metro’s deadline). This proposed concept
plan supports Lake Oswego’s request to Metro and has been coordinated with Clackamas County,
Stafford Basin service providers, and the cities of Tualatin and West Linn as required by the 5‐Party and
3‐City IGAs, and as demonstrated by the supporting documentation in Appendix A. The City is also
seeking input from the Stafford Hamlet and other Stafford Basin neighborhood associations/citizen
participation organizations, which have been notified of the proposed concept plan.
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LUSCHER AREA MASTER PLAN
The proposed concept plan draws on the relevant components of the Luscher Area Master Plan (LAMP).
In 2013, the City of Lake Oswego adopted the LAMP after extensive public involvement that included a
wide array of citizens and citizen groups, advisory groups, city and county departments, and
independent consultants. The effort dates from 1994 when
the City Council assigned a task force to develop the
Luscher Farm Opportunities and Constraints Study. Planning
continued through July 1997 with publication of the Master
Plan for Luscher Farm. This plan set forth recommendations
for half of the current parcels that comprise the Luscher
Area in the following areas: transportation, historic zone,
passive recreation and buffer areas, natural resources, and
active recreation.
Vision Statement
The following Vision Statement is from the Luscher Area Master Plan, Resolution 13‐36, adopted by the
Lake Oswego City Council, July 25, 2013, for the broader Luscher Farm Area:
The Luscher Area is a diverse and inspiring park landscape that integrates historic, educational,
recreational, sustainable, agricultural, open space and environmental sensibilities into a place that
cultivates community culture, health, connectivity, and the economic vitality of Lake Oswego.
The Luscher Area Master Plan is the culmination of nearly 20 years of hopes, aspirations, and
planning of this 152 acre site. It reflects the evolution of Lake Oswego, our needs and priorities. The
preservation of this diverse site, so rich in history, but also full of opportunity for the future, is of the
highest priority for all who love Luscher Farm. The creation of this plan is a generational chance to
integrate the open space, sustainability, historic, educational, and recreational sensibilities of our
community. This Luscher Area Master Plan reflects a snapshot of the present, and a legacy for future
citizens to appreciate and enjoy what has been created and preserved.
The group of properties, which together make up the Luscher Area park lands, is unique in the City.
Rolling agricultural landscapes, tree groves, streams, wetlands, historic farm buildings, and a
working farm make up the primary character of these properties. The variety of land types and uses
together with the aggregate size of these parcels qualifies them to be thought of as a district with its
own set of land use definitions. Its location and open character on the southeast border of the City
allow it to serve as a buffer between the City and unincorporated Clackamas County.
This buffer zone function is reinforced by consolidating the active recreational sports fields around
the existing Hazelia Field. The assets of agricultural lands, natural areas and the historic core of the
Rudy Luscher Farm shall be respected and preserved for future generations while meeting the
growing demand for active recreational uses together with bicycle and pedestrian connectivity.
Following the principles laid out in the Parks Plan 2025, the Luscher Area Master Plan embodies the
principles of sustainability, historic preservation, natural resource protection, and recreation, and
indicates where those will take place in the Luscher Area. It seeks to meet the needs of today’s
citizens without compromising those of future citizens. An Education Center is envisioned which is
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expected to provide a vehicle to promote a supportive community by teaching youth and adults
about the importance of farming and food, as well as wetland conservation, environmental
stewardship and connecting with our historic past. This multifaceted approach to developing the
Luscher Area park properties will help Lake Oswego thrive.
Relationship to Lake Oswego Comprehensive Plan
The Luscher Area fulfills the Comprehensive Plan community vision in the following focus areas:
Community Culture
The Luscher Area provides facilities and programs that support community events, environmental and
agricultural education, historic preservation and a variety of recreation opportunities.
Complete Neighborhoods and Housing
The Luscher Area provides attractive park facilities that meet neighborhood needs for close‐to‐home
recreation opportunities, serving a range of ages, incomes and diverse households.
Connected Community
The Luscher Area includes trails and pathways that connect these properties to other destinations in
Lake Oswego and its neighbors.
Economic Vitality
The Luscher Area provides opportunities for play and events that support the City’s economic vitality.
The Luscher Farm will also provide locally grown food to meet daily needs.
Healthy Ecosystems
We are good stewards of our environment. The Luscher Area properties will protect and preserve
significant habitat, wetlands and agricultural landscapes through restoration, management and
stewardship.
Community Health and Public Safety
The Luscher Area contributes to a safe and healthy community by providing safe, well‐maintained park
facilities; programs that support lifelong learning, active recreation, and fitness; places that reduce
stress and promote mental health by connecting people to nature and the outdoors; and healthy food
choices for residents in Lake Oswego. (See Access to Local Food Section, Policy 2 and Recommended
Action Measure 3).
Inspiring Spaces and Places
The environment and landscape along with historic and new facilities of the Luscher Area properties
continue to inspire residents and visitors to Lake Oswego for many generations. These elements reflect
an artful approach to our public spaces.
Urbanization
The Comprehensive Plan Urbanization Chapter supports adding Luscher Farm to the UGB so that the
City of Lake Oswego can manage the area as a public open space. See Appendix B.
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General Planning Principles
The Luscher Area properties provide for a wide range of recreational uses, heritage preservation, and
natural resource protection, as generally shown in Figure 4. (This concept plan and the proposed 2020
UGB amendment includes only Areas A‐H.)
Figure 4: Luscher Area Master Plan Subareas
While the LAMP site plan shows locations for various uses, each particular property often
accommodates a variety of uses. For example, the 22.15 acre historic overlay zone on Luscher Farm
encompasses not only the historic farm structures, but also urban agricultural farming, community
gardens, Clematis botanic garden, wetlands, community event spaces, and picnic areas (see Figure 4.1).
Another example is areas designated for active recreation (see figure 4.2). In addition to active uses,
such as sports fields, these areas include natural resources, open spaces, picnicking, viewpoints, and
trails. The adjacent figures show the overlapping location of general uses in the site plan, see figures 4.3
and 4.4.
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Figure 4.1: Historic Resources
Figure 4.2: Active Recreation
Figure 4.3: Urban Agriculture
Figure 4.4: Open Space
Overall, providing safe access to and within the site for all modes of transportation, including walking,
biking and driving, is a major guiding principle in terms of the general site design. Minimizing the impact
of these circulation features was key to preserving and developing the various areas. While there are
circulation features ‐ including trails, paths, roads and parking lots ‐ in each zone, the primary vehicular
circulation routes are described in Areas B and G (see figure 4).
Public Involvement
The planning and design process for the LAMP was conducted along with the Parks Plan 2025. Adopted
in 2012, Parks Plan 2025 is the result of a wide‐ranging planning effort to establish a vision for the future
of Lake Oswego’s parks, recreation and natural areas. As a major community asset, the future of the
Luscher Area is directly linked to the vision and direction set‐forth in the 2025 Plan. Throughout the
development of Parks Plan 2025 and the LAMP, feedback from the community was central in identifying
the desired future for the Luscher Area. Community participation was a fundamental element of the
plan process and the needs and goals identified in the parks plan and LAMP are founded on extensive
citizen input. Over 1,800 people contributed to the Parks Plan 2025 effort. City residents, interest
groups, park users, City staff and agency representatives provided feedback through a variety of
meetings, open houses, workshops, surveys and questionnaires designed to capture the diverse
interests and needs of the community.
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The process included an examination of new and adopted plans and studies that impact the park system
and the future of the Luscher Area. During the Plan’s development, the City was also working on the
Comprehensive Plan update. As a result, the Parks Plan carries forward the overarching goals of the
Comprehensive Plan into its framework. Comprehensive Plan goals that relate to the Luscher Area
(Urbanization Chapter) include a focus on educational, cultural and recreational opportunities, a
community where people can live, work and play, a healthy environment and inspiring natural settings.
Urban Growth Boundary and Other Planning Considerations
Currently, only a portion of the Luscher Area is within the UGB. While all of the Luscher Area properties
are owned by the City of Lake Oswego, most remain outside the UGB and are subject to development
restrictions set forth by the State of Oregon and Clackamas County. The LAMP and hence this concept
plan are based on the assumption that properties comprising the Luscher
Area will be brought within the UGB and zoned PNA (Parks & Natural
Area) under Lake Oswego’s development code to allow uses that are
compatible with the vision of the LAMP.
In 2010, the City of Lake Oswego commissioned a study to explore the
potential for introducing an indoor 8‐court tennis facility on the Rassekh
Property (Area J), located at the northwest corner of the Stafford Road
roundabout. In 2013, the UGB was modified to possibly accommodate
this development, with the Rassekh property brought into the UGB and
some lands with physical constraints south of Cook’s Butte removed from the UGB. The tennis center
project was not developed however due to changes in citywide recreation priorities and needs. As of
2019, the City was evaluating options for improving the existing tennis center at Springbrook Park to
include spectator viewing area and improved parking and possible use of the Rassekh property for
athletic fields with possible wetlands enhancement.
Land uses in the Luscher Area must also comply with development restrictions and specific
requirements on individual Luscher properties. Each of the parcels that comprise the Luscher Area has a
set of stipulations from its purchase agreement and from the city park bond funds that were used to
purchase each property. The LAMP, and hence this concept plan, reflect these restrictions and
requirements. Details about each property, including which park bond funds were used to purchase
them and deed stipulations, are outlined in the LAMP.
Finally, future development of the site is limited by its access to water sources and sanitary sewer
services, which vary between the properties. The City may eventually provide a sewer connection to the
Luscher Farm historic homestead, but the remaining portions of the Luscher Area do not require
restrooms and will be serviced with well water via additional water rights applications. This approach is
practical when it comes to expanding farming and community gardens. Water rights exist for agricultural
and domestic uses (house and classroom) from two wells on the Luscher Farm property. Since the
existing well on Firlane Farm lacks capacity for additional uses, it will be necessary to obtain additional
water rights for expanded agricultural uses and the proposed Urban Agriculture & Environmental
Education Center. The Luscher Farm well has sufficient capacity for these new uses and the City assumes
that water from the Luscher site can be used on Firlane Farm through a water rights application process.
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URBAN GROWTH BOUNDARY CONCEPT PLAN
The following illustration is from the LAMP. This urban growth boundary Concept Plan however includes
only Areas A‐H of the LAMP, except for those parts of Areas A and B that are already inside the UGB
(Hazelia Field and the Dog Park area). Areas J, K, and I are not part of the City’s request to amend the
UGB and therefore are not included in the Concept Plan.
Figure 4 (repeated): Luscher Area Master Plan Subareas
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Figure 5: Luscher Area Illustrative Master Plan
[orient page landscape and replace with higher resolution image]
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Area A: The Farr Open Space
The Farr Open Space is located north of the Hazelia Field site on the Farr Property and consists of
approximately 8.8 acres.
The Farr Open Space will provide traditional park features including a passive recreation space, multi‐
use trails, picnicking areas, a new picnic shelter, and an eco‐friendly lawn. Eco‐friendly lawns are a
sustainable alternative to traditional turf and reduce the need for mowing, irrigation, fertilizer and
herbicide applications. These lawns are ideal in areas of medium to heavy public programming, such as
small group gatherings, and casual recreation. The existing wetland north of Hazelia Field, a seasonal
wetland with wet and dry periods, will contain interpretive signage to explain its natural features and
functional qualities, and a small boardwalk and viewing platform for public access. Habitat corridors
connecting this wetland to other wetland areas near the Historic Core will be established and enhanced
with native vegetation.
Size of existing and proposed facilities:
6.0 acres of open space
Approximately 2.5 acres of existing wetland
1,700 linear feet of pedestrian trails
30’ x 40’ picnic shelter with tables
The Farr Property is an appropriate site for these uses for several reasons: First, the flat topography is
accessible. Second, the site is adjacent to a neighborhood with direct trail access for nearby residents.
Third, the existing trees provide a screen and are a pleasing backdrop for the proposed picnic shelter
and passive recreation space that can be used for pick‐up games and small‐group activities. The existing
Douglas fir trees also act as a buffer between the park site and the residential neighborhood
immediately to the north.
Area B: Active Recreation
The Active Recreation area is located on the Taylor Property and the northern portion of the Luscher
Property, just south of the proposed Farr Open Space, and consists of approximately 22.5 acres.
The Active Recreation Area expands current facilities and programming at the Hazelia Field Site. Existing
features include the Stafford Road entrance at the Overlook Drive intersection, a landscaped parking lot
with 125 spaces, bike parking, two off‐leash dog parks, a children’s play area, restrooms, a storage
building, and one lighted multi‐use artificial turf sports field. Proposed features include two additional
multi‐use lighted artificial turf sports fields (can be used as two soccer/lacrosse fields or as a
baseball/softball field), a landscaped parking lot for 125 spaces, two full‐sized basketball courts, oak tree
planting enhancements at the upland ridge just south of the proposed parking lot, and new picnic areas
with significant views across the site. The oak tree planting area (B1 “flexible space”) is intended to be
flexibly used for future active recreational uses, passive open space, or urban agriculture as needed. A
new asphalt road lined with deciduous street trees will connect the proposed parking lot to the existing
one. The trees will provide a visual buffer for this circulation feature and a physical buffer to the
agricultural activities to the south. Stormwater will be managed on‐site per the applicable City storm
drainage standards and the LAMP recommendations for surface water management. Plantings along the
drive will also provide a visual buffer from Stafford Road to minimize the visual impact of the
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development. Primarily pedestrian access between the two lots is by a 6‐foot wide sidewalk on the
north side of the road.
Size of existing and proposed facilities:
2.65 acres parking (125 existing spots, 125 new spots)
7.25 acres of sports fields, including two new 375’ x 215’ lighted multi‐use artificial turf fields
0.25 acres basketball courts (2 courts)
1,200 linear feet of asphalt road
6,385 linear feet of sidewalks
2.0 acres of dog parks
2,230 linear feet of pedestrian trails
0.10 acre play area
40’ x 50’ restroom building
40’ x 50’ storage facility
6.0 acres flexible use area with oak uplands, native plantings, meadow/eco‐friendly lawn
Additional recreation facilities are appropriate for this area because they group similar functions and
facilities together. This is more economical and reduces the need for additional roads, parking lots, and
restroom facilities throughout the site. This area can be graded to create the flat topography needed for
sports fields, while the sloping topography that is left between the fields provides safe and easy viewing
areas for spectators.
The access routes to the restrooms, the vehicle parking areas, and the internal circulation paths provide
efficient connections between the facilities, which is especially important when they are being used
simultaneously or by large groups. The basketball courts located north of the multi‐use fields will also
take advantage of these support facilities. Small picnicking areas in three locations will provide seating
areas for spectators along the upland oak area ridge.
The new parking lot will serve the new sports fields and courts, and will act as a trailhead for the
expanded trail systems on the east side of the Luscher Area. The parking lot is designed and located to
minimize the impact on the viewshed looking eastward from Stafford Road and from other parts of the
Luscher Area. The parking lot will be landscaped to provide screening and assist with stormwater
management. The plantings will also mitigate the visibility of paved surfaces and help blend the parking
lot into the open spaces along the upland ridge and to the south.
Area C: Urban Agriculture
Urban Agriculture is incorporated into two areas in the master plan. Area C, comprising approximately
12.5 acres, is currently being used for farming, and Area H includes areas for future expansion of urban
agricultural activities.
The Area C Urban Agriculture Area is located on the Luscher Property, south of Hazelia Field and
abutting Stafford and Rosemont Roads. Portions of it are within the Luscher Historic Core.
The Urban Agriculture Area includes existing agricultural fields that are currently managed and operated
by a not‐for‐profit Community Supported Agriculture (CSA) organization through a contract with the City
of Lake Oswego. All urban agricultural activities are performed according to organic farming practices
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and are intended to continue in this manner in the future. Existing dirt roads will be replaced with gravel
roads to improve circulation around the perimeter of the agricultural fields, especially during the wet
spring, fall, and winter months. Equipment and machinery storage will be relocated from an outbuilding
by Hazelia Field and the historic Luscher Barn to other areas better suited to the farming activities.
Size of facilities:
Approximately 12.2 acres of agriculture lands
4,330 linear feet of gravel roads
This part of the Luscher Area will continue to be used for agricultural
uses because of its slope, aspect, soil profile, infrastructure,
compatibility with nearby uses, and historic use on the site.
Dairy farming and pastures have been in place on this site since the
mid‐19th century, and these soils are well‐suited for the production of annual row and fields crops such
as vegetables, berries, herbs, grains, and legumes. Retaining agricultural uses on this portion of the
Luscher Area is important for protecting it as a cultural resource and every attempt has been made to
accommodate it. The views to and from the Luscher Historic Core are complemented by these
agricultural fields and they help preserve the site’s cultural heritage, portions of which are recognized as
a Clackamas County Historic Landmark.
Improvements in this area will include stabilized gravel roads for use by farming related vehicles and
equipment. Where needed along these roads, swales will be designed to provide additional stormwater
management that is not already provided by the permeable gravel surface. These road improvements
will reduce erosion along field perimeters and prevent wet areas from forming during rainy periods.
Improved gravel roads will also establish a needed buffer between adjacent uses such as the community
gardens.
This area will include buildings and structures to support farming activities such as barns and buildings
for storage of equipment, tools, and materials; food processing areas; greenhouses and hoop houses for
plant propagation.
The Luscher Area will continue to be a model for building a local healthy food system. This plan builds on
existing programs and capitalizes on the current interest in food and local food sources. It also
encourages additional activities that revolve around urban agriculture and that fit well with the Luscher
Area. These activities may include: expanded classes, tours, and events such as harvest dinners; a
community kitchen with classes about preserving fruits and vegetables; gardening and cooking lessons;
wool spinning and knitting activities; beekeeping classes; home‐scale livestock education (chickens,
goats, etc.); and instruction on building greenhouses and hot/cold frames.
More detail on the proposed urban agriculture program and infrastructure needs is contained in the
LAMP. It is also important to note that these activities are consistent with the City of Lake Oswego
Comprehensive Plan. The Plan’s Community Health and Public Safety Chapter (Access to Local Food
Section) contains the policy: “Preserve agricultural land as designated in the Luscher [Area] Master
Plan.”
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Area D: Community Garden
The majority of the Community Garden Area, which consists of
approximately 4.75 acres, is located within the Luscher Farm
Historic Core and is bordered by the Urban Agriculture Area to
the north, the wetland to the west, the Luscher Barn to the
south, and the proposed 75‐space gravel parking lot to the east.
There is room for an additional area for community gardening
east of the gravel parking lot and north of the proposed Urban
Agriculture /Environmental Education Center on the Firlane Farm
property. All community garden activities are currently
performed according to organic practices, and are intended to
continue in this manner in the future.
The expanded Community Garden will include a total of 247 individual garden plots and 13 Children’s
Garden plots (20’x 20’), and will continue to provide space for an organic demonstration and
educational garden (formerly Oregon Tilth) in its existing location. The 160 existing individual
community gardens plots will be expanded by 32 plots on the Luscher property and by 55 plots on the
nearby Firlane Farm property, while five plots will be added to the eight Children’s Garden plots. By
adding the Firlane property gardens, eliminating the internal vehicular circulation and moving gravel
paths to the perimeter of the garden area, a total of 93 new garden plots can be added. Soft surface
pathways will be added between the individual garden plots and five tool sheds will house community
gardening implements, such as wheelbarrows, shovels, and hoes. These sheds will be simple wood‐
sided, pitched roof structures and will be scattered throughout the garden for easy access. Community
gardeners will be able to drop off plants and gardening supplies at six drop‐off pads dispersed along the
perimeter gravel roads surrounding the community gardens. Finally, a wood‐sided restroom with a
composting toilet (or similar facility) will be centrally located northwest of the organic education and
demonstration garden area.
The wedge‐shaped space north of the Luscher Barn will be available to accommodate a variety of small
to medium everyday activities, seasonal happenings, and spillover events from the barn. This space,
along with paths between the groups of garden plots, will be made of stabilized decomposed granite
that can handle a high‐level of foot traffic, as well as outdoor tables and other event‐related furniture.
The Community Garden area provides a superior vantage point overlooking the historic core, the
gardens, and the urban agriculture fields. Its eastern edge includes a buffer with a promenade and
seating areas, both for community gardeners and visitors to the agricultural areas of the site.
Size of facilities:
3.0 acres of community garden plots
1,575 linear feet of gravel roads
Approximately 1.7 acres interior stabilized gravel surfaces and paths
Approximately 900 square feet of material drop‐off pads
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This area of the Luscher Historic Core is appropriate for
continued and expanded use as a community garden
because of its soil profiles, topography, exposure, and
proximity to the Luscher Barn and adjacent urban
agriculture areas, from both an aesthetic and a functional
perspective. Visually, the two land uses blend together
favorably. Community gardeners and urban agriculture
farmers at the Luscher Area create synergies and provide
mutual support in being near one another.
Also, many community gardeners have children that
participate in field sports and so enjoy being near the
Active Recreation Area.
The expansion of the Community Gardening Area will
provide more garden plots for those on the annual waiting list. Improvements will make this activity
more accessible by providing stable pathways, along with better access to drop‐off points and parking.
Consideration should be given to developing accessible plots that are suitable for those with limited
mobility or physical disabilities. Adding plots at Luscher Farm will not preclude adding plots in other
parts of the city, which is recommended by Parks Plan 2025. Additional community gardens were
identified as a top priority at Luscher Farm during public outreach. Adding more community gardens will
contribute to the synergy around local food production and agricultural education that are proposed in
this plan.
Many activities related to the current interest in local food can be hosted in the Community Garden
Area including: annual harvest dinners, a community kitchen with classes about preserving fruits and
vegetables, cooking lessons, wild food identification, wool spinning & knitting, beekeeping, home‐scale
livestock (chickens, goats, etc.), greenhouses and hot/cold frames, and nature‐based art projects.
Area E: Luscher Farm Program Area
Luscher Farm Historic Overlay
In April 1995 the Board of Clackamas County Commissioners recognized Luscher Farm as an important
historic resource by designating 22.15 acres of the farm as a Historic Landmark. This designation
establishes an overlay zone on the property (Figure 5). This acreage will continue to be protected as an
historic resource.
Luscher Farm Program Area
The Luscher Farm Program (Area E) describes the heritage related functions and activities anticipated at
Luscher Farm. The size of this programmatic area should not be confused with the historic overlay zone
that exists on the property. Figure 5 shows the location of the program Area E in relation to the historic
overlay zone. (The historic overlay zone is outlined on the site plan and the Oregon Historic Site Form in
the LAMP.)
The Luscher Farm Program Area, comprising approximately 9.5 acres, is located on the southern portion
of the Luscher property. It includes the historic area surrounding the historic house, the barn, the
Garage/Bunkhouse, the bird coop, the tool shed, the pump house, and the two existing wetlands.
Figure 5: Historic Overlay and Program Detail
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At the center of the Luscher Farm Program Area is the existing Luscher Barn, which will be rehabilitated
according to National Historic Trust guidelines to function as a flexible space to accommodate more
programs and events associated with its use as a primarily agricultural facility. The Luscher Barn is
envisioned as an ideal space for historic interpretation, classes, and urban agriculture programs, as well
as a venue for rustic family reunions, weddings, community events, and fundraisers. It is an iconic
building whose historic character will be preserved, while opening it for more people to enjoy. The
barn’s space can be expanded to spill out onto the stabilized gravel
surface described in Area D. Three American with Disabilities Act (ADA)
accessible parking spaces are proposed near the Luscher Barn to
improve its accessibility for people with mobility challenges.
All of the existing historic buildings will remain on site, including the
pump house, tool shed, a poultry coop and penned area, the
Garage/Bunkhouse, and the Luscher Farm House. The
Garage/Bunkhouse will continue to provide support for the property’s
security needs, but may also provide an improved public restroom
facility and classroom space.
The Luscher Farm House –currently serving as an interpretive site for the Luscher family history with
limited meeting space and park offices – will be rehabilitated according to The Secretary of the Interior’s
Standards for the Treatment of Historic Properties to improve the museum experience and better suit
the interpretive and educational needs of the site. A study will need to be completed to fully explore
compatible uses that serve the site’s needs while addressing stipulations outlined in the sales agreement
between the Luscher family and the City of Lake Oswego.
The existing Rogerson Clematis Botanical Garden will remain at its current location around the Luscher
Farm House and will expand to the east side of the historic driveway. The 30’ x 50’ greenhouse will
remain, the existing historic beech tree north of the Luscher Farm House will be protected, and a
proposed 10‐space gravel parking lot will be constructed alongside new planting areas and the existing
pin oak trees. This small parking lot will accommodate ADA parking, staff parking, and delivery parking
for the historic core. The Friends of the Rogerson Clematis Collection will coordinate the planning and
design of the garden expansion with the City of Lake Oswego, and will follow the Secretary of the
Interior’s Standards for the Treatment of Historic Properties with Guidelines for the Treatment of
Cultural Landscapes.
Two wetlands exist at either side of the Luscher Farm Program Area along the southern edge of the
property. The Rosemont Trail segment of the Stafford Basin Multi‐Use Trail passes through both
wetlands on elevated boardwalks. A new gravel entry road will connect Rosemont Road with the new
75‐space gravel parking lot serving the Community Garden and Urban Agricultural/Environmental
Education Areas (see Area G). It will cross the eastern wetland and parallel Rosemont Road. The access
road will be located to protect the existing Rosemont Trail and boardwalk. Near the intersection of the
gravel road and parking lot is a proposed picnic area located between the Community Garden Area, the
eastern wetland, and the Urban Ag/Environmental Education Center. An open green space south of the
picnic site can be used for small to medium sized gatherings. There are opportunities to improve wildlife
habitat and provide interpretive experiences for trail users within and near the western wetland, which
is located between the Luscher Farm House and urban agriculture fields. A small, open green space here
can provide further opportunities for small gatherings or education programs that relate to the nearby
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wetland, the Rogerson Clematis Collection, the community gardens, and the historic core. The small
open spaces in this area will be vegetated with ecofriendly lawn, which requires no irrigation and less
maintenance than traditional turf.
Size and types of facilities:
70’ x 85’ barn
1,575 square foot Garage/Bunkhouse (Caretaker’s
Residence)
2,875 square foot Historic Luscher Farm House
20’ x 14’ outbuilding for community garden use
Pump house
Workshop/Tool Shed
2 greenhouses
Chicken coop and pens
Approximately 4.0 acres open space
Approximately 1.5 acres clematis botanical garden
Approximately 3.8 acres wetlands
10‐space gravel parking area
880 linear feet gravel roads
The status as a Clackamas County Historic Landmark lends to the importance of maintaining historic site
uses such as urban agriculture, farm equipment storage, and domestic use. The layout and relationship
of the various building and landscape elements of the historic core area will be respected and preserved
wherever possible. The scale of any rehabilitation projects should respect the domestic nature of this
core area so that it will continue to reflect its character as the home of farmers and ranchers. This
includes maintaining the width, scale and materials of the driveway to reflect its domestic historic
character, as well as limiting the scale and type of plantings that surround the house to era‐appropriate
foundation plantings and small gardens. Proposals for the Luscher Farm Program Area eliminate much of
the currently haphazard parking around the barn that detracts from the site’s historic domestic
aesthetic, and creates conflicts between pedestrians and cars – (and moving the vehicular entry into this
area to the east and away from the core area). The Garage/Bunkhouse will continue to be a domestic
residence that provides oversight of the property and a classroom area for programs and possible
improved public restroom facility. Repairs and maintenance are needed to bring this building into good
condition.
The Luscher Farm Program Area is a significant cultural and historic resource of the City of Lake Oswego.
It should be developed keeping in mind its role as part of the City’s rural refuge. Proposed development
for the Luscher Farm Program Area will emphasize community farming, heritage tourism, passive
recreation, education, and preservation of the site as a historic rural open space. Programs and
proposed facilities for this portion of the Luscher Area should highlight and safeguard the site’s legacy
and unique rural beauty. All preservation and rehabilitation efforts for the buildings and the landscape
should follow The Secretary of the Interior’s Standards for the Treatment of Historic Properties and be
managed with input from preservation professionals who meet the qualifications established by these
standards. The LAMP provides more information about these guidelines and recommendations for the
historic overlay zone.
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Area F: Urban Ag/Environmental Education Area
The Urban Ag/Environmental Education Area, comprising approximately 2.15 acres, is located at Firlane
Farm. Access is provided from Rosemont Road via the new entry drive (see Area G) that leads to the new
gravel parking area located between the Community Garden Area and the Urban Ag/Environmental
Education Area. Small paths and roads connect the new gravel road and parking lot area to the Urban
Ag/Environmental Education Center at the heart of this zone. This circulation design provides safe
routes for pedestrians and cyclists and provides good visibility where the interaction of people and
vehicles most frequently occur.
In the short term, the existing Firlane Farm House can be used as the Urban Ag/Environmental
Education Center for programming and classes. Reusing existing buildings is encouraged for the Luscher
Area, provided that the cost to adapt, operate, and maintain these structures for new uses makes sense
economically. Reuse of existing buildings can meet sustainability goals by reducing waste, and by
limiting the creation and purchase of new materials. All efforts to meet sustainability goals by reusing
and adapting buildings on the site should be explored.
If building reuse is not feasible or does not meet program needs, a new sustainable building is proposed
for the Urban Ag/Environmental Education Center with classrooms, meeting space, and display areas.
The parking for this building should include two ADA parking spaces. Planning, design, and construction
of this new building will depend on fundraising efforts.
The existing open green space and extensive tree canopy offer a pleasant area for outdoor
programming. North of the proposed Urban Ag/Environmental Education Center is an existing garage
that will be rehabilitated and used for event, programming, and general park storage. A new
agricultural‐themed playground will be located north of this storage building. Play equipment will
reference farming structures and equipment and could include actual retired farming equipment that
has been altered to make it play‐safe. Some examples could be stationary full‐sized tractors paired with
smaller child sized pedal‐powered “tractors”. Providing play areas for small children near other activity
centers enhances daily physical activity for all age groups. Currently, the site has a freestanding building
(last used as a work studio by the Lang Family) that will be moved or demolished to make room for this
play area and a 20’ x 35’ picnic shelter, both elements will be accessible from the Community Gardening
Area parking lot.
Size of facilities:
2,915 square foot of existing house
245 linear feet of asphalt driveway
22’ x 30’ existing garage for storage
2 ADA parking spaces
Approximately 1.5 acres open space
0.11 acre play area (5,020 square feet)
20’ x 35’ picnic shelter with tables
485 linear feet of pedestrian trails
This development of the Firlane Farm Property is suitable because the existing buildings and
surrounding landscape are available and in relatively good shape. Necessary infrastructure such as an
access road and parking lot can be provided. The location between the community gardens, the Luscher
Historic Core, and the open grasslands and natural areas takes advantage of opportunities for expanded
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use between these areas. No restrictions in the property deed or sales agreement preclude the
proposed uses. From a programmatic perspective, it is important that the Urban Ag/Environmental
Education Center and themed play area have proximity to the Luscher Farm Historic Area, the
Community Garden Area, and the Urban Agriculture Area. The proposed layout accomplishes this, and
also shares parking facilities between uses.
Programming at the Urban Ag/Environmental Education Center will expand knowledge of agricultural
practices and environmental topics that apply directly to the site. Additionally, the facility provides a
venue for community engagement through unique site‐based, hands‐on learning experiences that are
not available in traditional classrooms. The Center will be a leading urban agricultural and
environmental advocate for the entire Luscher Area.
Area G: Rosemont Entrance, Internal Road, and Parking
The Rosemont Entrance, Internal Road and Parking improvements are
located on the Luscher Property between the Luscher Farm Historic
Core, the Urban Ag/Environmental Education Center, and the new
multi‐use athletic fields. This circulation features links with the
existing circulation infrastructure to create an internal system that is
needed for safety, maintenance operations, and some large
community events. This design addresses the interaction between
different modes of travel in this area and the entrance and exit at
Rosemont Road. A safe entrance and good visibility are critical in this
area and will prevent the need for additional modern intrusions to
the historic core.
Vehicular access to the Luscher Area properties is primarily from Rosemont and Stafford Roads.
(Additional information on vehicular access is found in the traffic study contained in the LAMP.) Access
points from Rosemont and Stafford into the Luscher Area are limited to three locations because of
vehicle sightline requirements. The first safe access point is the existing Stafford Road Hazelia Field
entrance, the second safe access point is at the existing Luscher Farm driveway at Rosemont Road, and
the third safe access point is immediately east of the Luscher Farm driveway. This new entrance will be
the primary public access point into the Luscher Area from Rosemont Road.
Vehicles will turn into the public driveway and head east along a new two‐way gravel road located north
of and parallel to the Rosemont Trail alignment. The gravel road will cross a small reach of a delineated
wetland (approximately where the Rosemont Trail becomes a boardwalk surface). Preliminary
discussions with transportation and wetland specialists indicate that this road alignment is possible, but
the City will need to go through a review and permitting process with agencies such as the Army Corps
of Engineers and the Department of State Lands.
A new sidewalk will be added where the new gravel road turns north toward the new gravel parking lot.
While an existing asphalt driveway that provides access to the Firlane Farm Property from Rosemont
Road will be removed, part of its alignment will be used for the new gravel entry drive connecting
Rosemont Road to the gravel parking lot. Inadequate sightlines prevent the current Firlane Farm
driveway from being used as a public access point and modifications to meet safety needs would have
required the removal of historic heritage trees near the southern end of this property.
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The new gravel road and sidewalk will continue north through the gravel parking lot and connect to the
Active Recreation Area. The segment of the gravel roadway between the north edge of the gravel
parking lot and the internal asphalt road in the Active Recreation Area will be gated and closed unless
needed for emergency access, farming and maintenance operations, or occasional special events.
The gravel parking lot provides a permeable parking surface for visitors using the Urban
Ag/Environmental Education Area, the Community Garden Area, the Luscher Farm Historic Area, and the
Urban Agriculture Area. If needed, the grassy area north of the gravel lot will be available for spillover
parking; it will be designed with reinforced/structured lawn and surrounded by trees for shade.
Size of proposed facilities:
1,830 linear feet of gravel roadway
1,445 linear feet of sidewalk adjacent to gravel roadway
Approximately 0.6 acres of gravel parking area (75 spaces)
These proposed circulation features are appropriate given the results of the traffic study and the
proposed uses, and they do not adversely affect the irreplaceable cultural and natural resources. The
design protects heritage trees and keeps increased traffic outside of the historic core.
The gravel road and parking lot are scaled appropriately and designed to use sustainably appropriate
materials for the Luscher Area. The proposed design removes the impermeable asphalt driveway and
preserves the heritage trees located on this property.
Area H: Firlane Farm/Crowell Property
The Firlane Farm/Crowell Property, comprising approximately 28.65 acres, is located north and east of
the Urban Ag/Environmental Education Area and south of the oak uplands in the Active Recreation Area.
The Firlane Farm/Crowell Property is an open grassland landscape punctuated with scattered oak and
maples in groups or solitary specimens. The grassland consists of mixed grasses and wildflowers with a
meadow aesthetic. The west branch of Wilson Creek in this area was tiled for agricultural purposes in
the early 20th century. Daylighting and restoring the stream should be investigated.
Improvements to the Firlane Farm/Crowell Property will enhance a habitat corridor that stretches from
the wetland at Hazelia Field to the wetland east of the Luscher Farm Historic Area. This corridor will link
isolated “patches” of wetland habitat with site‐wide vegetation enhancements that build off of existing
hedgerows. This corridor of vegetation provides critical food and cover for small animals and birds.
Access to the Firlane Farm/Crowell Property comes from the Rosemont Trail, the Urban
Ag/Environmental Education Area and associated parking lots, the Active Recreation Area and
associated parking lot, and other sections of the trail network that weave throughout the open space
areas. Pedestrian circulation consists of 5’‐wide compacted gravel trails that provide year‐round access
to areas that would otherwise be soft and muddy, and allow those with mobility issues to reach other
areas of the site. While steep grades in some portions of this area will prevent those sections from being
fully ADA‐compliant, access will be improved. These pedestrian paths are intended to blend seamlessly
into the Luscher Area landscape and reflect the historic rural and agricultural character.
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The Firlane Farm/Crowell Property is designated for future urban agriculture expansion with the site
being used for agricultural crop production and livestock grazing. In particular Firlane Farm will
accommodate crop production, while the Crowell site can be used to accommodate livestock pasturing.
The soil characteristics of the Firlane Farm are conducive to a variety of different crops, which will be
determined in future studies. Possible activities here could include agricultural production, orchards,
vineyards, test kitchens, school food gardens, farm stands, and livestock grazing. Public pathways in this
urban farm area will follow circulation routes needed for the function of agriculture production, and will
provide some public access through this distinctive farm landscape.
There are significant viewpoints from the north edge of the Firlane Farm/Crowell Property down toward
the Luscher Farm Historic Core and westward to the urban agriculture fields and Hazelia Field site.
The Firlane portion of this area that is not suitable for urban agriculture will be planted with eco‐friendly
lawn and meadow‐like plantings to provide flexible open space that is appropriate for group picnicking
and similar activities. Places where less public use is desired will have meadow‐like grasses that require
a different maintenance regime.
Size of facilities:
Approximately 25.85 acres of grassland (8.5 acres of which is designated future urban
agriculture area)
Approximately 1.5 acres of eco‐friendly lawn
Approximately 6,420 linear feet of pedestrian trails
Open space and future agriculture uses are appropriate here because they are similar to the current and
historic land uses. The deed, sales agreement, and zoning restrictions do not preclude these proposed
open space or agricultural uses. Urban agriculture at this location is limited by steeper topography and
less fertile soils. This area is suitable to perennial crops, such as orchards, cane berries and vines, as well
as nursery stock, pasture/hay crops, livestock and associated products.
Farm facilities will be needed to support agricultural activities at this site. Water for irrigation is available
from the Luscher Farm well but the City will need to obtain a water right to expand irrigation to the
Firlane Farm/Crowell Property. See the LAMP for a more detailed discussion of the proposed urban
agriculture program and infrastructure needs.
Natural resource protection at the Firlane Farm/Crowell Property will focus on rehabilitation of the
grassland and meadow to remove invasive weeds and brush. Weeds will be identified, mapped and
controlled using best management practices. Native bunchgrasses, meadow plants, and native grasses
that are suitable for grazing and that can compete with non‐native sod forming weeds will be planted.
Survival of these plantings will require ongoing monitoring and maintenance.
Riparian area improvements will be focused along the western branch of Wilson Creek.
Historic efforts to drain or reroute the creek around agricultural land has degraded the creek corridor.
Improvements will range from replanting the corridor with riparian trees, shrubs, and grasses to
physically re‐grading and restoring the creek corridor. Existing riparian vegetation along the streams and
riverbanks should be retained to provide wildlife habitat, minimize erosion and scouring, retard water
velocity when flowing, and suppress water temperatures. More details regarding overall riparian
recommendations for the site are included in the LAMP.
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Rosemont Multi‐Use Trail
Another component of the LAMP is the Rosemont Multi‐Use Trail, which passes through several
subareas. This trail is a segment of the Stafford Basin Multi‐Use Trail that connects to the West Linn trail
system.
The trail begins along Stafford Road at a trailhead located in the Hazelia Field parking lot. The 1.5 mile
trail continues south along Stafford Road and then east along Rosemont Road. It is possible to access the
Rosemont Multi‐Use Trail from any parking lot facility in the Luscher Area. All pedestrian trails in the
open space areas connect to the Rosemont Multi‐Use Trail,
creating a rich, interconnected network of pathways from
which to explore the site's natural features.
The Rosemont Multi‐Use Trail consists of a 10‐foot wide
asphalt surface that generally follows Stafford and Rosemont
Roads with the exception of a loop turn‐around near the
southeast corner of the Firlane Farm property. The trail
extension built in the fall of 2012 travels along the southern
edge of the Crowell Property, along public right‐of‐way, uphill
through a wooded area to a small parking area, and eventually
to a set of switchbacks that wind down to the southeast corner of the Brock Property. Current
improvements along the Rosemont Multi‐Use Trail include interpretive signs, native riparian/wetland
restoration, two boardwalk segments, benches, and picnic tables. The trail extension will feature similar
facilities.
The Rosemont Trail connects park facilities along the Luscher Area's site perimeter. The
Rosemont Multi‐Use Trail makes it easy for park users to park at any of the Luscher Area parking lots
and access the rest of the site by foot, or by bicycle on the paved portions.
The Rosemont Multi‐Use Trail will help protect the Luscher Area's natural resources by reducing the
amount of paved surfaces that are brought into the site's interior. At the same time, the perimeter
alignment provides outstanding views of the working farm and other landscapes from the trail. Finally,
the Rosemont Multi‐Use Trail promotes community health and sustainability by encouraging non‐
motorized means of travel between the Luscher Area sites. It is a visible and easy‐to‐access connection
between the community and the trail network on site.
Luscher Farm Concept Plan Page 30 of 37 March 10, 2020
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METRO FUNCTIONAL PLAN CRITERIA
The following responds to the Metro Functional Plan criteria for Concept Plans with less than 100 acres:
3.07.1110 Planning for Areas Designated Urban Reserve
(a) The county responsible for land use planning for an urban reserve and any city likely to provide
governance or an urban service for the area, shall, in conjunction with Metro and appropriate service
districts, develop a concept plan for the urban reserve prior to its addition to the UGB pursuant to
sections 3.07.1420, 3.07.1430 or 3.07.1435 of this chapter. The date for completion of a concept plan
and the area of urban reserves to be planned will be jointly determined by Metro and the county and city
or cities.
Response: As the sole owner of the Luscher Farm properties and the jurisdiction that will govern and serve
the area upon annexation, the City of Lake Oswego has taken the lead in developing this Concept Plan. Lake
Oswego has coordinated this effort with Clackamas County and the special service districts serving the
Stafford Basin, consistent with the Intergovernmental Agreement “Stafford Urban Reserve Areas” (5‐
Party IGA) approved by Metro, Clackamas County, and the cities of Lake Oswego, Tualatin, and West
Linn. Lake Oswego has also coordinated with the cities of West Linn and Tualatin as required by the
Intergovernmental Agreement “Planning for the Stafford Urban Reserve” (3‐City IGA) adopted by the
three cities. The 3‐City IGA specifically provides for Lake Oswego undertaking concept planning and
requesting UGB expansion(s) for these publicly owned properties. (See Appendix D)
(b) A local government, in creating a concept plan to comply with this section, shall consider actions
necessary to achieve the following outcomes:
(1) If the plan proposes a mix of residential and employment uses:
Response: Subsection b.1 is not applicable because no residential or employment uses exist or are
proposed within the Concept Plan area. The subject site consists of publicly owned parks and natural areas
only; it does not contain any Title 4 (industrial or employment), Title 6 (centers, corridors, station areas), or
Title 7 (residential) lands.
(2) If the plan involves fewer than 100 acres or proposes to accommodate only residential or employment
needs, depending on the need to be accommodated:
Response: The subject site consists of 83.3 acres of publicly owned parks and natural areas only; it does
not contain any land for Title 4 (industrial or employment) or Title 7 (residential) needs.
(A) A range of housing of different types, tenure and prices addressing the housing needs in the
prospective UGB expansion area in the context of the housing needs of the governing city, the county,
and the region if data on regional housing needs are available, in order to help create economically and
socially vital and complete neighborhoods and cities and avoiding the concentration of poverty and the
isolation of families and people of modest means;
Luscher Farm Concept Plan Page 31 of 37 March 10, 2020
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Response: Subsection b.2.A is not applicable. The subject site consists of publicly owned parks and natural
areas only; it does not contain any land for Title 7 (residential) needs.
(B) Sufficient employment opportunities to support a healthy economy, including, for proposed
employment areas, lands with characteristics, such as proximity to transportation facilities, needed by
employers;
Response: Subsection b.2.B is not applicable. The subject site consists of publicly owned parks and natural
areas only; it does not contain any land for Title 4 (employment) needs.
(C) Well‐connected systems of streets, bikeways, pedestrian ways, parks, natural areas, recreation trails;
Response: As described under Concept Plan, the plan provides a well‐connected system of pedestrian ways
(Rosemont Multi‐Use Trail), natural areas (wetlands, forest, fields, etc.), and recreation trails for active and
passive enjoyment of the park and natural areas on the site, and connections to the City of Lake Oswego via
Stafford and Rosemont Roads.
(D) Protection of natural ecological systems and important natural landscape features; and
Response: Water resource and habitat conservation areas
subject to Titles 3 and 13 described and illustrated in the
Concept Plan section. Specifically, there is a designated
wetland adjacent to the existing Hazelia Field site (Area A). A
wetland is also present to the north of the proposed
neighborhood park near the existing field, but outside the
property. No impacts are proposed to these wetlands. The
site also includes a tree grove along the north side of Area A
which will be designated/delineated when the property is
brought into the UGB, USB and City Limits (Resource survey
forms are on file with the City). Development of the
neighborhood park will be designed to meet required
setbacks from the designated wetlands and tree groves.
Several small wetlands exist along the area’s boundary with
Rosemont Road (Area E), specifically near the Luscher Historic
Core. The new public road alignment off Rosemont Road,
which was positioned at the only point in this area with
adequate sightlines, will require the access road to cross a
designated wetland. Placing the new access on the opposite
side of the wetlands to avoid any impacts would not meet
permitting requirements. The location and alignment of the
road was positioned adjacent to the existing Rosemont Trail
so as to minimize impact on the wetland. The entrance will
need to be evaluated by the City’s Engineering Department,
and the City will obtain permits from federal and state
agencies and mitigate the impacts to the wetland.
Figure 6: Streams and Wetlands (Top), and
Natural Systems (Below)
Luscher Farm Concept Plan Page 32 of 37 March 10, 2020
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These natural areas and proposed resource enhancements to them are summarized and detailed in the
LAMP. The City of Lake Oswego protects significant natural resources including water resources and
riparian areas (wetlands, streams) and upland wildlife habitat through its Sensitive Lands Overlays
(zoning), in substantial compliance with Metro Titles 3 and 13. There are two types of sensitive lands
designations that apply: Stream Corridors and Wetlands (RP), and Tree Groves (RC). To protect these
resources, the Concept Plan and LAMP direct the most intensive development (access drives, parking,
athletic fields, restrooms, paved walkways, and agricultural plots) away from existing streams, wetlands
and significant tree groves.
(E) Avoidance or minimization of adverse effects on farm and forest practices and important natural
landscape features on nearby rural lands.
Response: One of the primary objectives of the Concept Plan and LAMP is to maintain agricultural uses at
Luscher Farm. By continuing agricultural use of the property and expanding opportunities for urban
agriculture, the City will minimize adverse effects on adjacent farm and forest practices and preserve
natural landscape features.
(c) A concept plan shall:
(1) Show the general locations of any residential, commercial, industrial, institutional and public uses
proposed for the area with sufficient detail to allow estimates of the cost of the public systems and
facilities described in paragraph (2);
Response: The subject site consists of publicly owned parks and natural areas only; it does not contain any
land for Title 4 (employment or industrial) or Title 7 (residential) needs. Planning level cost estimates of the
public systems and facilities are contained in the LAMP.
(2) For proposed sewer, park and trail, water and stormwater systems and transportation facilities,
provide the following:
(A) The general locations of proposed sewer, park and trail, water and stormwater systems;
Response: The general locations of proposed sewer, park and trail, and water and stormwater systems are
as described and illustrated in the Concept Plan section.
(B) The mode, function and general location of any proposed state
transportation facilities, arterial facilities, regional transit and trail facilities
and freight intermodal facilities;
Response: The Clackamas County Transportation System Plan designates
Stafford Road a Major Arterial (red) and Rosemont Road a Minor Arterial
(orange) as shown in Figure 6. Bergis Road is designated a Collector (green).
The City of Lake Oswego Transportation System Plan designates Stafford
Road and Rosemont Road as Minor Arterials. Bergis Road is designated a
Minor Collector. A regional trail/pathway is planned along Stafford Road, south
of the existing Rosemont Road roundabout, connecting to a planned regional
trail system along Childs Road, Stevens Meadows, and Pecan Creek. There are Figure 7: Clackamas County TSP
Functional Classifications
Luscher Farm Concept Plan Page 33 of 37 March 10, 2020
Resolution 20‐07/PP 19‐0012
no existing state transportation facilities and no regional transit or freight facilities. There are no new
arterial streets proposed.
(C) The proposed connections of these systems and facilities, if any, to existing systems;
Response: The existing Rosemont Multi‐Use Trail within the Concept Plan
area will connect to the regional trail system described above once the
regional system is developed. Approval of the Luscher Farm UGB
amendment will allow the City to annex Luscher Farm and plan for the trail
connection to be made, including the potential for funding with City system
development charges.
(D) Preliminary estimates of the costs of the systems and facilities in
sufficient detail to determine feasibility and allow cost comparisons with
other areas;
Response: Planning level cost estimates and funding options for
completing the infrastructure required to serve Luscher Farm are contained
in Appendix E. Completion of water and sanitary sewer improvements, if
needed, is feasible from a cost standpoint. Because these costs are specific
to the development of Luscher Farm as a community park and open space area, they are not comparable to
cost estimates prepared for other concept plans (for residential or employment land needs) elsewhere in
the Portland Metro region.
(E) Proposed methods to finance the systems and facilities; and
Response: Proposed methods to finance the LAMP improvements are contained in Appendix E.
(F) Consideration for protection of the capacity, function and safe operation of state highway
interchanges, including existing and planned interchanges and planned improvements to interchanges.
Response: The existing and planned recreational uses at Luscher Farm are community‐focused, not
regional in scale. Likewise, the projects outlined in this Concept Plan and detailed in the LAMP are minor
and not expected to result in increased traffic beyond the immediate vicinity. As the property is annexed to
Lake Oswego and these projects are proposed, traffic considerations will be addressed through the
development review process under the City’s development code. Where improvements may contribute to
traffic at the Stafford Road/I‐205 interchange, those impacts will be addressed in coordination with the
Oregon Department of Transportation (ODOT) and Clackamas County. The City’s development review
process includes notification of the county and ODOT, respectively, when a development may affect one of
their facilities. This allows for open communication and an opportunity to address traffic concerns early on.
The City’s development review process also provides for notice to adjacent property owners and recognized
neighborhood associations.
(3) If the area subject to the concept plan calls for designation of land for industrial use, include an
assessment of opportunities to create and protect parcels 50 acres or larger and to cluster uses that
benefit from proximity to one another;
Figure 8: Regional Trail Plan
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Response: Subsection c.3 is not applicable. The subject site consists of publicly owned parks and natural
areas only; it does not contain any land for Title 4 (employment) needs.
(4) If the area subject to the concept plan calls for designation of land for residential use…
Response: Subsection c.4 is not applicable. The subject site consists of publicly owned parks and natural
areas only; it does not contain any land for Title 7 (residential) needs.
(5) Show water quality resource areas, flood management areas and habitat conservation areas that will
be subject to performance standards under Titles 3 and 13 of this chapter;
Response: Water resource and habitat conservation areas subject to Titles 3 and 13 described and
illustrated in Section V. Specifically, there is a designated wetland adjacent to the existing Hazelia Field
site (Area A). A wetland is also present to the north of the proposed neighborhood park near the existing
field, but outside the property. No impacts are proposed to these wetlands. The site also includes a tree
grove along the north side of Area A which will be designated/delineated when the property is brought
into the UGB, USB and City Limits (Resource survey forms are on file with the City). Development of the
neighborhood park will be designed to meet required setbacks from the designated wetlands and tree
groves.
Several small wetlands exist along the area’s boundary with Rosemont Road (Area E), specifically near
the Luscher Historic Core. The new public road alignment off Rosemont Road, which was positioned at
the only point in this area with adequate sightlines and which meets traffic safety standards, will require
the access road to cross a designated wetland. Placing the new access on the opposite side of the
wetlands to avoid any impacts would not meet permitting requirements. The location and alignment of
the road was positioned adjacent to the existing Rosemont Trail so as to minimize impact on the
wetland. The City will obtain permits from federal and state agencies and mitigate the impacts to the
wetland.
These natural areas and proposed resource enhancements to them are summarized in Section V and
detailed in the LAMP. The City of Lake Oswego protects significant natural resources including water
resources and riparian areas (wetlands, streams) and upland wildlife habitat through its Sensitive Lands
Overlays (zoning), in substantial compliance with Metro Titles 3 and 13. There are two types of sensitive
lands designations that apply: Stream Corridors and Wetlands (RP), and Tree Groves (RC). To protect
these resources, the Concept Plan and LAMP direct the most intensive development (access drives,
parking, athletic fields, restrooms, paved walkways, and agricultural plots) away from existing streams,
wetlands and significant tree groves.
Luscher Farm Concept Plan Page 35 of 37 March 10, 2020
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(6) Be coordinated with the comprehensive plans and land use regulations that apply to nearby lands
already within the UGB;
Response: The Concept Plan is coordinated with the City’s
Comprehensive Plan, which specifically supports adding
Luscher Farm to the UGB and maintaining parks and natural
area uses on the property. The property accordingly will be
zoned Parks and Natural Areas (PNA) upon annexation.
(7) Include an agreement between or among the county
and the city or cities and service districts that preliminarily
identifies which city, cities or districts will likely be the
providers of urban services, as defined at ORS 195.065(4),
when the area is urbanized;
Response: Please refer to the Intergovernmental Agreements in Appendices C and D, which outline
planning responsibilities for the Stafford Area and specifically recognize Lake Oswego as the lead for
concept planning and the future urban service provider for the Luscher Farm Area properties.
(8) Include an agreement between or among the county and the city or cities that preliminarily identifies
the local government responsible for comprehensive planning of the area, and the city or cities that will
have authority to annex the area, or portions of it, following addition to the UGB;
Response: Please refer to the Intergovernmental Agreements in Appendices C and D, which outline
planning responsibilities for the Stafford Area and specifically recognize Lake Oswego as the lead for
concept planning and the future urban service provider for the Luscher Farm Area properties.
(9) Provide that an area added to the UGB must be annexed to a city prior to, or simultaneously with,
application of city land use regulations to the area intended to comply with subsection (c) of section
3.07.1120; and
Response: In accordance with the Lake Oswego City Charter, subject to voter approval, the Concept
Plan area will be annexed to Lake Oswego following Metro adding it to the UGB and the City amending
its Comprehensive Plan and Urban Services Boundary to include the area. The City will also need to
amend its Urban Growth Management Agreement with Clackamas County. Please refer to the
Intergovernmental Agreements in Appendices C and D, which outline planning responsibilities for the
Stafford Area and specifically recognize Lake Oswego as the lead for concept planning and the future urban
service provider for the Luscher Farm Area properties.
(10) Be coordinated with schools districts, including coordination of demographic assumptions.
Response: Subsection c.10 is not applicable because adding the Luscher Farm properties to the UGB, and
eventual annexation by Lake Oswego, will not affect school enrollment or demographic assumptions.
(d) Concept plans shall guide, but not bind:
(1) The designation of 2040 Growth Concept design types by the Metro
Council;
Figure 9: Existing Comprehensive Plan/Zoning
Luscher Farm Concept Plan Page 36 of 37 March 10, 2020
Resolution 20‐07/PP 19‐0012
(2) Conditions in the Metro ordinance that adds the area to the UGB; or
(3) Amendments to city or county comprehensive plans or land use regulations following addition of the
area to the UGB.
Response: This Concept Plan does not affect any Metro 2040 Growth Concept designations, design types,
or other conditions that Metro may impose in adding the area to the UGB. The City of Lake Oswego
anticipates that Metro will not designate the area with design types that are contrary to the Concept Plan
because the City intends to use the Concept Plan for future amendments to its Comprehensive Plan
following addition of the area to the UGB.
(e) If the local governments responsible for completion of a concept plan under this section are unable to
reach agreement on a concept plan by the date set under subsection (a), then the Metro Council may
nonetheless add the area to the UGB if necessary to fulfill its responsibility under ORS 197.299 to ensure
the UGB has sufficient capacity to accommodate forecasted growth.
Response: This Concept Plan has been prepared pursuant to City Council (Lake Oswego) Resolution 19‐
65. The City of Lake Oswego is the sole government responsible for preparing this Concept Plan.
Luscher Farm Concept Plan Page 37 of 37 March 10, 2020
Resolution 20‐07/PP 19‐0012
APPENDIX
A. AGENCY SUPPORT
1. CITY COUNCIL RESOLUTION 19‐65
2. CLACKAMAS COUNTY LETTER OF SUPPORT
3. CITY OF TUALATIN COORDINATION SUMMARY
4. CITY OF WEST LINN COORDINATION SUMMARY
B. LAKE OSWEGO COMPREHENSIVE PLAN URBANIZATION CHAPTER (excerpt)
C. 5‐PARTY IGA FOR STAFFORD URBAN RESERVE
D. 3‐CITY IGA FOR STAFFORD AREA PLANNING
E. COST ESTIMATES AND FUNDING OPTIONS
F. BOUNDARY SURVEY AND LEGAL DESCRIPTION
G. STAFFORD ROAD IGA ‐ CITY OF LAKE OSWEGO AND CLACKAMAS COUNTY
Resolution 19-65 Page 1 of 2
RESOLUTION 19-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO DIRECTING THE CITY
MANAGER TO APPLY TO METRO FOR A MAJOR AMENDMENT TO THE PORTLAND METRO
URBAN GROWTH BOUNDARY (UGB) TO ADD APPROXIMATELY 83 ACRES OF PUBLIC PARK
AND OPEN SPACE LAND IN THE LUSCHER FARM AREA TO THE UGB
WHEREAS, the City of Lake Oswego (city) owns and operates public parks and open spaces in the
Luscher Farm Area, as shown in Exhibit A; and
WHEREAS, some of the subject properties are located outside the UGB and zoned for exclusive
farm use, limiting the types of parks and recreational uses allowed; and
WHEREAS, the City of Lake Oswego adopted the Luscher Area Master Plan (Resolution 13-36)
pursuant to Parks Plan 2025 (Resolution 12-44), and Parks Plan 2025 is an element of the City of
Lake Oswego Comprehensive Plan; and
WHEREAS, the Luscher Area Master Plan envisions land uses in the Luscher Farm Area that are
not currently allowed by county zoning; and
WHEREAS, the Comprehensive Plan (Urbanization Policy A-1) supports amending the UGB when
necessary for the development of public parks and recreation facilities; and
WHEREAS, the city has coordinated with Clackamas County and the special service districts
serving the Stafford Basin before applying to amend the UGB to include the Luscher Farm Area
properties, consistent with the Intergovernmental Agreement “Stafford Urban Reserve Areas”
(5-Party IGA); and
WHEREAS, the 3-City IGA for Stafford Area Concept Planning specifically provides for Lake
Oswego concept planning and requesting UGB expansion(s) for the subject properties; and
WHEREAS, the city has coordinated its concept planning of the subject area with the cities of
West Linn and Tualatin, as required by the Three City Intergovernmental Agreement “Planning
for the Stafford Urban Reserve” (3-City IGA)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Manager is directed to submit an application to Metro for a major
amendment to the Portland metro UGB by March 15, 2020 (Metro’s deadline), for the Luscher
Farm Area properties shown in Exhibit A.
Section 2. The Planning Department is directed to prepare a concept plan consistent with
the Luscher Area Master Plan and Metro Code to support UGB amendment request.
PP 19-0012 APPENDIX A-1/PAGE 1 OF 2PP 19-0012 Attachment 1 to Exhibibit A-1
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1
Siegel, Scot
From:Siegel, Scot
Sent:Tuesday, November 19, 2019 12:44 PM
To:'Aquilla Hurd-Ravich'
Cc:Anderholm, Ivan; Bennett, Martha; Powell, David; 'jwilliams@westlinnoregon.gov'
Subject:Luscher Area UGB and Concept Planning - Cities Coordination
Dear Aquilla,
Thank you for meeting yesterday to discuss Lake Oswego’s plan to apply for an urban growth boundary amendment this
March. It is my understanding from our discussion that the proposal does not raise any immediate concerns from
Tualatin due to the following:
The UGB application and concept planning will be limited to the six city‐owned Luscher Farm/Rosemont Road
parks and open space properties described in our October 23 letter. The site consists of 83 acres and is within
the scope of Section 4.2 of the 3‐City Stafford IGA, which authorizes Lake Oswego to begin concept planning and
to request this UGB amendment.
As discussed, Lake Oswego intends to designate the subject properties Parks and Natural Area, consistent with
the existing recreation and urban‐agriculture uses on the site and the adopted Luscher Area Master Plan (2013).
The concept plan that Lake Oswego submits to Metro for the UGB amendment will be consistent with the
existing master plan.
Metro has informed us that a concept plan need not be submitted at the same time as the UGB application but
must be submitted before the application comes before the Metro Council. Notwithstanding that requirement,
we are endeavoring to submit the concept plan at the same time the UGB application is submitted, or shortly
thereafter.
I understand that you will share Lake Oswego’s work plan with your city council, and will let us know if they have any
questions. As a reminder, we are planning on holding public hearings on the concept plan with our planning commission
and council, respectively, on Jan 27, 2020 and Mar 3, 2020.
I also understand that there is no need for us to meet a second time to coordinate the proposal. Please let me know by
Nov 26, 2019, if that is not the case. I will personally continue to keep you informed through the process. Your city and
neighbors of Luscher Farm can also expect to receive legislative hearing notices from Lake Oswego as we proceed with
concept planning.
Thanks again for your time the other day. Let me know if you have any questions.
Sincerely,
Scot
Scot Siegel
Planning & Building Services Director
City of Lake Oswego
PO Box 369
Lake Oswego, OR 97034
tel: 503.699.7474
PP 19-0012 APPENDIX A-3/PAGE 1 OF 1PP 19-0012 Attachment 1 to Exhibibit A-1
1
Siegel, Scot
From:Siegel, Scot
Sent:Tuesday, November 19, 2019 12:43 PM
To:'jwilliams@westlinnoregon.gov'
Cc:Anderholm, Ivan; Bennett, Martha; Powell, David; 'Aquilla Hurd-Ravich'
Subject:Luscher Area UGB and Concept Planning - Cities Coordination
Dear John,
Thank you for meeting yesterday to discuss Lake Oswego’s plan to apply for an urban growth boundary amendment this
March. It is my understanding from our discussion that the proposal does not raise any immediate concerns from West
Linn due to the following:
The UGB application and concept planning will be limited to the six city‐owned Luscher Farm/Rosemont Road
parks and open space properties described in our October 23 letter. The site consists of 83 acres and is within
the scope of Section 4.2 of the 3‐City Stafford IGA, which authorizes Lake Oswego to begin concept planning and
to request this UGB amendment.
As discussed, Lake Oswego intends to designate the subject properties Parks and Natural Area, consistent with
the existing recreation and urban‐agriculture uses on the site and the adopted Luscher Area Master Plan (2013).
The concept plan that Lake Oswego submits to Metro for the UGB amendment will be consistent with the
existing master plan.
Metro has informed us that a concept plan need not be submitted at the same time as the UGB application but
must be submitted before the application comes before the Metro Council. Notwithstanding that requirement,
we are endeavoring to submit the concept plan at the same time the UGB application is submitted, or shortly
thereafter.
I understand that you will share Lake Oswego’s work plan with your city council, and will let us know if they have any
questions. As a reminder, we are planning on holding public hearings on the concept plan with our planning commission
and council, respectively, on Jan 27, 2020 and Mar 3, 2020.
I also understand that there is no need for us to meet a second time to coordinate the proposal. Please let me know by
Nov 26, 2019, if that is not the case. I will personally continue to keep you informed through the process. Your city and
neighbors of Luscher Farm can also expect to receive legislative hearing notices from Lake Oswego as we proceed with
concept planning.
Thanks again for your time the other day. Let me know if you have any questions.
Sincerely,
Scot
Scot Siegel
Planning & Building Services Director
City of Lake Oswego
PO Box 369
Lake Oswego, OR 97034
tel: 503.699.7474
PP 19-0012 APPENDIX A-4/PAGE 1 OF 1PP 19-0012 Attachment 1 to Exhibibit A-1
Urbanization
PP 19-0012 APPENDIX B/PAGE 1 OF 14PP 19-0012 Attachment 1 to Exhibibit A-1
City of Lake Oswego Comprehensive Plan 2013162
Adopted March18, 2014
Urbanization
Statewide Land Use Planning Goal
The Urbanization chapter implements Statewide Planning Goal 14: Urbanization.
Updates To Lake Oswego 1994 Comprehensive Plan
The Urbanization chapter updates the Lake Oswego 1994 Comprehensive Plan chapter by
the same name (Goal 14: Urbanization). This element of the 1994 Plan was updated during
1997–1999 to address the Metro 2040 Growth Concept Plan. The current Comprehensive
Plan Land Use Map is not proposed to change. Figures 17 through 20 (formerly Figures 26
through 29) have been updated to reflect the current Comprehensive Plan Land Use Map
(Figure 2) and Employment Area designations in the Metro Functional Plan, which replace
similar designations in the 2040 Growth Concept Plan; unlike the 2040 Growth Concept, the
Metro Functional Plan does not designate the area between Kruse Way, Carman Drive and
Boones Ferry Road as part of the regionally significant Employment Area to the east along
Kruse Way and Meadows Drive. Figure 21 (formerly Figure 30), which shows properties
eligible for sewer services prior to annexation, has also been carried forward.
PP 19-0012 APPENDIX B/PAGE 2 OF 14PP 19-0012 Attachment 1 to Exhibibit A-1
Urbanization 163
Adopted March18, 2014
Urbanization
Background
Statewide Planning Goal 14: Urbanization
“To provide for an orderly and efficient transition from rural to urban land use.”
Urban growth boundaries shall be established to identify and separate urbanizable land from rural
land. Establishment and change of the boundaries shall be based upon consideration of the following
factors, pursuant to Statewide Planning Goal 14:
■Demonstrated need to accommodate long range population growth requirements consis-
tent with LCDC goals;
■Need for housing, employment opportunities and livability;
■Orderly and economic provision for public facilities and services;
■Maximum efficiency of land uses within and on the fringe of the existing
urban area;*
■Environmental, energy, economic and social consequences;
■Retention of agricultural land as defined, with Class I being the highest priority for reten-
tion and Class VI the lowest priority; and,
■Compatibility of the proposed urban uses with nearby agricultural activities.
Lake Oswego grew from 33,145 to 36,770 people between 1995 and 2013 (Portland State
University Population Research Center). This growth was anticipated and planned for by the
Comprehensive Plan and public facilities plans. The residents of Lake Oswego have financed the
facilities necessary to provide high quality urban services both for existing residents and in anticipa-
tion of serving the growth that will occur inside the City’s Urban Services Boundary (USB).*
The Portland Metropolitan Urban Growth Boundary (UGB) coincides with the City’s urban
services boundary. The UGB defines the limit of urban development and Lake Oswego’s sense of
open space and community character is strongly influenced by the distinction created between the
urban and rural landscapes.
The urban growth boundary is one of the primary tools that Oregon’s land use planning program
has used to control sprawl, preserve valuable resource lands, and promote the coordinated and logi-
cal provision of public facilities and services. UGB’s are intended to provide sufficient buildable lands
to accommodate urban growth for a minimum twenty year planning period. Within the Portland
metropolitan area, Metro has the responsibility for establishing and managing the regional urban
PP 19-0012 APPENDIX B/PAGE 3 OF 14PP 19-0012 Attachment 1 to Exhibibit A-1
City of Lake Oswego Comprehensive Plan 2013164
Adopted March18, 2014
growth boundary. Pursuant to ORS 268.390 Metro is charged with “Adopt(ing) an urban growth
boundary....in compliance with applicable goals adopted under ORS Chapters 195, 196 and 197”.
The task of developing the Portland Metropolitan Area UGB was initiated in 1976 when Metro’s
predecessor, Columbia River Association of Governments (CRAG) adopted a “land use frame-
work element” for establishing urban, rural, and natural resource designations for all land in
Washington, Clackamas and Multnomah counties. Four years later, in 1980 the Metro urban growth
boundary was adopted by the Metro Council and acknowledged by the Land Conservation and
Development Commission (LCDC) as being in compliance with the statewide planning goals.
In 1987, as part of its urban growth management responsibility, Metro received notice from the
Department of Land Conservation and Development (DLCD) to conduct periodic review of the
urban growth boundary. Through this process, Metro determined that there was sufficient buildable
land within the urban growth boundary to accommodate urban land supply needs beyond the
year 2010.
Concurrent with periodic review of the urban growth boundary, Metro adopted the Regional Urban
Growth Goals and Objectives (RUGGOs) in 1991. Development of the RUGGOs were required
pursuant to ORS 268.380 (1), which states, “A district council shall: (1) Adopt land use planning
goals and objectives for the district consistent with goals adopted under ORS 197.005 to 197.465.”
The RUGGOs have a regional scope. They are intended to provide a policy framework for Metro’s
management of the urban growth boundary and for coordination of Metro functional plans with
that effort and each other.
In 1991 Metro initiated the 2040 Growth Concept. This process was intended to identify the ap-
proximate amount of land needed to accommodate the population and employment growth, and
commensurate urban services for a 50 year period. The 2040 Concept Plan was intended to result
in a more compact urban form, as each city in the region uses its land efficiently to accommodate
increased densities and prevent urban sprawl.
The City of Lake Oswego actively participated in the development of the Metro 2040 Concept
Plan from 1991 to 1996. The City provided leadership in coordinating the establishment of the North
Stafford Area Policy Task Force as well its ongoing activities from 1992 through 1995. The Task
Force was formed to coordinate local government and affected citizens groups’ involvement in
planning for the North Stafford Area and participation in the Metro 2040 planning process. In
December 1993, the Task Force unanimously adopted a Joint Position Statement regarding the
impact of urbanization on public facilities, the environment, and the quality of life in the area and
the adjoining cities of West Linn, Lake Oswego, and Tualatin.
The Task Force concluded that the Stafford Area should not be urbanized. The Task Force also
found that the future land use pattern of the Stafford area should be comprehensively planned to:
■Preserve the air, water, and land resource quality of the area, and;
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■Provide safe and efficient transportation consistent with the area’s needs, and;
■Ensure that future development is consistent with the capacity of existing public facilities and
services; and,
■Preserve the rural character and open space values of the area.
In addition, the Task Force agreed that it was important to establish criteria to evaluate any future
Urban Growth Boundary Expansion. This joint position statement represented the collective
view of the cities of Lake Oswego, West Linn, Tualatin, Clackamas County, the West Linn-
Wilsonville School District and most residents of the North Stafford area. The City of Lake
Oswego and its Task Force partners participated in numerous Metro meetings and hearings
subsequently regarding the 2040 Growth Concept and RUGGO’s.
Despite the City of Lake Oswego’s consistent opposition to the expansion of the UGB and urban-
ization of the North Stafford area, the Metro Council designated 2,056 acres in the North Stafford
area as urban reserve study areas on March 6, 1997. Metro Council’s action raised the possibil-
ity that the City of Lake Oswego would be expected to provide urban services to approximately
1,200 of those acres. This would have profound consequences on Lake Oswego’s fiscal re-
sources and livability. Lake Oswego voters subsequently approved a City Charter amendment
November 3, 1998 (Section 57) requiring a citywide vote on any proposed annexation of land
within the Stafford basin, except for lands designated by Metro as First Tier Urban Reserve
Areas* pursuant to Metro Ordinance 96-655E. Section 57 does not apply to an annexation
necessary to alleviate a health hazard in the area proposed to be annexed.
In 2007, the Oregon Legislature passed Senate Bill 1011, which allows Metro and the three
counties within the Portland metro area to designate urban and rural reserves for a 40–50
year planning period based on factors other than the quality of agricultural soils. On August
21, 2010, Clackamas County adopted Urban Reserve Areas 4A and 4B (North Stafford Area),
4C (Borland Road), and 4D (South Stafford), under an intergovernmental agreement with
Metro. The area comprises all of the land between the current Urban Services Boundary
and I-205, and extends south of I-205 toward Wilsonville. The areas closest to Lake Oswego,
Areas 4A, 4B, and 4C, combined, comprise approximately 4,700 acres. Currently, no city is willing
or able to provide urban services to this area, and the cities of West Linn and Tualatin have
appealed the County decision. As of 2013, the issue is unresolved.
Although Lake Oswego does not support urban levels of development in the Stafford area,
the City believes that it is important to participate in discussions regarding future planning
and development, in the event the area is included in a future expansion of the urban growth
boundary. Therefore, it is in Lake Oswego’s best interest to develop policies regarding how
growth will be financed, and to develop a growth management program and implementing
measures that will maintain the City’s quality of life. For example, the City maintains Systems
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Development Charges for infrastructure to minimize public subsidy of City services for the
limited growth that can occur within the current USB.
Specific urban growth boundary amendment procedures have been adopted by the Metro Council and
acknowledged by the LCDC, which include maintenance by Metro of regional population and
employment forecasts, and buildable lands inventories.
The City of Lake Oswego has adopted Metro’s 2035 population and employment forecasts, as
contained in the Complete Neighborhoods and Housing and Economic Vitality chapters of
the Comprehensive Plan. The City has also adopted a Housing Needs Analysis and Economic
Opportunities Analysis, pursuant to State and Metro requirements.
The City and School District have constructed the basic facilities needed to serve the ultimate
population anticipated for the current Urban Service Boundary (USB). The City and School
District have been preempted by state law from charging new development for the costs of
providing additional school capacity or police, fire and library facilities.
Summary of Major Issues
The following are some of the issues and changed circumstances and conditions considered in the
1997 update of this element of the Comprehensive Plan that remain relevant in 2013:
■In 2010, Clackamas County adopted Urban Reserve Areas 4A (North Stafford), 4B
(Rosemont), 4C (Borland Road) and 4D (South Stafford/Norwood) pursuant to its in-
tergovernmental agreement with Metro. The area comprises the land between the cur-
rent USB and Interstate 205, and extends south of Interstate 205 toward Wilsonville.
■Growth outside the current USB would require substantial expansion of the capacity of the
City’s utility and transportation systems and School District facilities. Urban growth out-
side the current USB would also require annexation and extension of City urban services
into the annexed territory, which could not occur without approval through a citywide
vote pursuant to the City Charter.
■Growth outside the current USB would have fiscal impacts that could adversely affect the
level of urban services the City provides; if not mitigated, it could reduce quality of life in
the City. Full cost recovery impact fees will need to be established for any growth outside the
USB or current residents will be required to pay for the cost of such growth.
■Growth that occurs outside the current USB could have adverse impacts on the natural envi-
ronment, which if not mitigated could reduce the quality of life in the City.
■It is not in the interests of the citizens of Lake Oswego to subsidize the extension of
City services to provide for development on urban reserves south of the current USB.
■It is in the City’s interest to plan for the orderly annexation of land and extension of
urban services within the USB, so as to provide for the efficient delivery of services
and to avoid premature expansion of the USB.
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■City policy on annexations has shifted over the years. While state law allows the City
to compel islands of unincorporated land to annex, the current policy favors a volun-
tary approach.
Goals And Policies
Goals
Ensure that, as population increases, the City of Lake Oswego:
1. Supports a compact form of urban growth, compatible with the City’s neighborhood
character, that uses land efficiently, focusing redevelopment within the current urban
service boundary to discourage urban sprawl, and preserving rural lands outside
the boundary;
2. Is well planned with carefully organized patterns of growth and strategic investment in
infrastructure within its borders; and
3. Maintains full provision of services within the current urban service boundary.
A Urban Service Boundary and Urban Growth Boundary Policies
Policies
A-1. The City will not expand the existing Urban Service Boundary* (USB) and will resist
efforts to require expansion, except in those areas designated Teir 1 Urban Reserves as
of February 1998, or where properties are needed for the development of public parks
and recreation facilities.
A-2. In any areas where the Urban Service Boundary has been expanded, new development
will be required to pay for the full cost of extending urban services.*
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.
A-4. Unless created in partnership with the City, oppose the formation of any new service
district within the Urban Services Boundary.
A-5. Support expansion of an existing service district’s boundaries only if:
a. It can be shown that it is the only feasible way to provide a particular service.
City services, rather than district services shall be provided when they are, or
can be made available and are adequate;
b. The provision of service is consistent with the City’s Public Facility Plan and
Comprehensive Plan goals and policies;
c. Annexation agreements are recorded for the property receiving service, to the
extent permitted by law; and
d. The service district can maintain an adequate level of service over both the
short and long term.
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A-6. When expanding the USB, inventory historic resources and provide incentives to
designate and preserve the resources as historic landmarks.
B Stafford Basin Policies
Policies
B-1. Maintain the rural character of the Upper Stafford Basin to support land uses such as
sustainable agriculture and parks in close proximity to the City center, consistent with
the provisions of the Inspiring Spaces & Places chapter.
B-2. In the Upper Stafford Basin, support a rural buffer between any urbanized areas and
the existing communities of Lake Oswego, Tualatin and West Linn to maintain the
individual character of each community.
B-3. If concept planning occurs in the Stafford Basin Urban Reserve;*
a. Participate in a primary decision-making role for Urban Reserves 4A,
4B and 4C.
b. Advocate for the following plan features to be included:
i. A design and development pattern that results in strong transportation
and transit connections to the east and west along I-205.
ii. Concurrent provision for accommodating increased demand for travel
along I-205, including transit.
iii. In the Upper Stafford Basin, retention of the rural character and related
land uses (Policy B-1) and a rural buffer between existing communities
and future urbanized areas (Policy B-2).
c. Support the area’s inclusion in the Urban Growth Boundary only if i-iii, above,
are part of the final plan.
C Annexation Policies
Policies
C-1. Extend sanitary sewer and water services in the City’s Urban Service Boundary
as follows:
a. Require unincorporated property to annex prior to the receipt of City sanitary
sewer service except as provided in section (b).
b. Any of the properties designated in Figure 21 may be provided with City sani-
tary sewer service prior to annexation if all of the following conditions are met:
i. The property is within the Lake Oswego Urban Services Boundary;
ii. An existing sanitary sewer line operated by the City, to which connec-
tion can be made in accordance with subsection (iv) below, is within
300 feet of the property;
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iii. The County has found that the septic system serving the prop-
erty is failing and the County has directed connection to a sanitary
sewer system;
iv. The plan for extension of a sanitary sewer line to be connected to the
City sanitary sewer line has been approved by the City Engineer; and
v. Immediate annexation of the property is not feasible and the Owner
has executed a consent for future annexation.
c. Require unincorporated property to annex or execute a consent for future an-
nexation prior to the receipt of City water service. In no case will consent for
future annexation be accepted where immediate annexation is feasible.
C-2. The City may initiate island annexations as allowed by state law to:
a. Create logical City boundaries; and,
b. Provide economic and efficient provision of City services to exist-
ing and proposed development within the subject area, and to ad-
jacent land.
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.
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.
C-5. Require annexation of unincorporated property proposed for development when the
development requires City sanitary sewer or water facilities.
C-6. Encourage owners of property within the Urban Services Boundary to voluntarily
annex to the City.
D Planning and Coordination Policies
Policies
D-1. Enter into and maintain intergovernmental agreements with any sanitary sewer
or water service provider within the Urban Services Boundary, and include a
requirement for annexation agreements for unincorporated lands to receive
either service.
D-2. The City may enter into intergovernmental agreements to extend sanitary sewer,
water, storm water management and other services to other cities outside the USB, and
continue or enter into new agreements with existing service districts to provide public
safety services and domestic water provided:
a. These arrangements are in the City’s financial interests;
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b. Adequate capacity exists to provide services;
c. The quality and quantity of services to existing and future City residents are
not diminished;
d. Such actions are consistent with the City’s Public Facility Plan; and
e. Comprehensive Plan goals and policies pertaining to public facilities and ser-
vices and urbanization are met.
D-3. Enter into and maintain an Urban Growth Management Agreement with Clackamas
County for lands within the Urban Services Boundary to:
a. Promote compatibility of land uses, neighborhood character and public facili-
ties when territory is annexed to Lake Oswego;
b. Preserve neighborhood character and livability through a coordinated City
and County planning program;
c. Ensure high standards of urban design compatible with the surrounding
community;
d. Provide certainty and predictability through consistent development standards
and policies;
e. Protect and enhance natural resources;
f. Ensure the provision of public facilities and services is consistent with the
City’s Public Facility Plans;
g. Promote orderly annexation of territory;
h. Clearly define responsibility of the City, County, special districts, and franchise
holders (e.g. cable, gas, electric power, solid waste) in providing services and
managing growth within the Dual Interest Area;
i. Foster cooperation among all parties involved in land use planning and ser-
vice delivery;
j. Obtain timely decisions pertaining to land use and service delivery issues; and
k. Achieve fair and equitable financing for public facilities and services needed to
accommodate development.
D-4. Develop, coordinate and implement the Public Facility Plan (PFP) for lands
within the Urban Services Boundary to ensure predictable and logical provision of
urban services.
D-5. Enter into and maintain intergovernmental agreements with service districts operating
within the Urban Services Boundary. These agreements shall:
a. Define short and long term service provision roles of the City and service
districts;
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b. Specify the terms and conditions of withdrawal of territory from service
districts and the transition of capital facility ownership and administration
to the City;
c. Provide for coordination of plans and programs between the City and service
districts; and
d. Ensure services are provided consistent with the City’s adopted Public Fa-
cility Plan.
Recommended Action Measures
A. Update System Development Charge rates annually and adjust rates to reflect increases
in construction costs.
B. Consider and, as appropriate, encourage changes in state legislation to allow the
collection of System Development Charges for schools, fire stations, law enforcement
facilities, and libraries.
C. Maintain and update the Quality of Life Indicators.*
D. Incorporate Quality of Life Indicators into development regulations as criteria for
determining the impacts of future development on the community.
E. Participate in Metro’s Urban Growth Management planning process and evaluate
the feasibility of providing urban services to areas adjacent to Lake Oswego’s Urban
Services Boundary that Metro designates as urban reserves. As appropriate, develop
urbanization plans* for land use and facilities in urban reserve areas designated by
Metro. (See also, Annexation Policies.)
F. Prior to any expansion of the Metro Urban Growth Boundary, encourage Metro to
work with affected jurisdictions and property owners to develop specific land use
plans for these areas that ensure:
i. An efficient and compact urban form, thereby minimizing the need for
expansion;
ii. Preservation of open space and other natural resources;
iii. That all urban level public facilities and services will be made available concur-
rent with development; and,
iv. That negative impacts will not accrue to neighboring communities.
G. Maintain design and zoning standards for development within designated Town
Centers and Employment Centers that:
i. Promote compact urban form, thereby avoiding urban sprawl;
ii. Are compatible with surrounding development;
iii. Ensure pedestrian scale design; and,
iv. Encourage alternatives to automobile use in order to reduce automobile
dependence.
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H. Implement a neighborhood planning program in coordination with Clackamas
County to include portions of the Urban Services Boundary (USB).
I. Encourage the City, County and service districts to adopt compatible facility design
standards.
J. Coordinate the development and implementation of the City’s Capital Improvement
Plan with Clackamas County, service districts and other service providers
within the USB.
K. Monitor and implement annexation agreements to ensure annexation of eligible
property occurs as specified.
L. Establish System Development Charge rates for urban reserve areas to recover the full
cost of providing urban services.
M. Explore the feasibility of adopting measures to ensure that the incremental costs of
operating and maintaining urban services in any urban reserve area are fully assessed
to that area.
N. Within the Urban Services Boundary encourage Clackamas County to:
i. Apply relevant policies from the Lake Oswego Comprehensive Plan;
ii. Review development, using City standards and review procedures;
iii. Share in the responsibility of providing park facilities; and,
iv. Apply System Development Charges derived from development to projects
that directly benefit the area.
O. Work cooperatively with Clackamas County on regional planning issues, including
the designation of urban reserve areas or amendments to the Portland Metropolitan
Urban Growth Boundary, which may affect the interests of either jurisdiction.
P. Provide public information to explain the costs and benefits associated with being
within the City limits.
Q. Develop a list of methods for encouraging annexation of properties within the USB.
R. Encourage Clackamas County to require legislative and quasi-judicial Plan
amendments* within the Dual Interest Area to be consistent with the nearest or most
similar City Comprehensive Plan designation.
S. Recognize that public service districts may continue to operate within the Urban
Services Boundary until:
i. An entire district, or portions thereof, are annexed by the City and subse-
quently withdrawn from district; or,
ii. Other arrangements are made for the assumption of district responsibilities by
the City pursuant to intergovernmental agreement.
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Exerpt from a poem b y W i l l i a m S t a ff o rd
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Metro Design Type Boundaries
SEM c l o u gh l i n B l v d
SW Bonita RdHwy217I5FwySE Oak Grove BlvdSEConcordRdW illam etteD rCarmanDrHallinan S tSERisleyAveA AveBoonesFerryRdNStateStSW
T e r w i l l i g e r B l v d
SWStaffordRdSE Lake RdSWCarmanDrMcveyAveSEWashingtonStCountryClubRdHiddenSpringsRdO ld
River D r
Melrose StPacific Hw yCarriageWaySE Park AveSW Stephenson StB AveSE Courtney AveG reenBluffDrJeanRdMarylhurstDrSRosem ontRdCornellStGreentreeRdUpperDrChilds RdKruseWayN ix o n
A veBotticelliCherryLnSW 68th AveOverlookDrSWChildsRdTwin FirR d OakStElmranDrMeadowsRdSSweetbriarRd2nd St1st StWembleyParkRdTimberlineDrOldRiverRdSE34thAveRoyceWayMapletonDrSWBoonesFerryRdQuarry RdSW72ndAveSouthShoreBlvdS State StSBergisRdM c n a r y P k w y
Bryant RdS W LesserRdSERiverRdIronMountainBlvdLakeviewBlvdHillcrestDrWestviewDrKerrP k w yFosberg RdS W
M ilitaryRdKelokRdJ effe rsonPkwySW65thAveGlenmorrieDrCedaroakDrSWMcewanRdSWSequoiaPkwyOswego LakeWillamette
River 0 1,000 2,000 3,000Feet01/19/2014³Metro Design Type BoundariesCity of Lake OswegoMain StreetTransitTown CenterEmploymentLake OswegoCorridorW. R. GreenwayFigure 17
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THREE CITY INTERGOVERNMENTAL AGREEMENT
PLANNING FOR THE STAFFORD URBAN RESERVE
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement")is made this day of
2019,by the City of Lake Oswego ("Lake Oswego"),the City of Tualatin
("Tualatin"};and the City of West Linn ("West Linn")(together,the "Cities"or the "Parties").
This Agreement is entered into pursuant to ORS 190.010 to 190.110.
RECITALS
1 .By intergovernmental agreement dated June 28,2017,among the Cities,Clackamas County
(the "County "),and Metro (the "Five-Party IGA"),the Cities agreed to end their long-
standing opposition to designation of Metro study areas 4A ,4 B,4C,and 4D ("Stafford ")as
urban reserve in return for recognition by the County and Metro that the Cities will be
responsible for and have control over the planning and timing of any urbanization of
Stafford .Consequently,the Cities did not file an objection or appeal of Metro's submittal to
the State of Oregon Land Conservation and Development Commission ("LCDC").LCDC
acknowledged Metro's designation of urban reserves (including Stafford )and Clackamas
County 's and Multnomah County 's designation of rural reserves on May 16,2018.
2.The Cities had long opposed the designation of Stafford as urban reserve because of concerns
with regard to the high cost of providing the necessary public infrastructure,including the
feasibility of providing functional transportation infrastructure,and the potential for severe
negative impacts on community character and livability,if urbanization were to occur in an
uncoordinated manner before the necessary infrastructure is planned for and funded .
3.The purpose of Metro’s urban reserves designation is to provide for a 20-to 30-year supply
of land for employment and residential land needs beyond the 20-year supply of those lands
provided for in the Metropolitan Urban Growth Boundary ("UGB").Given the infrastructure
challenges,any urbanization of Stafford is not likely to occur until the latter part of this
period .
4.Section 2 of the Five-Party IGA and Section 3.07.1110 of the Metro Code require that the
Cities must have adopted a concept plan or plans for Stafford ,or any portion thereof,before
it can be considered for addition to the UGB.Section 2.a of the Five-Party IGA states that
the timing for commencement and completion of a concept plan is up to the affected city.
5.The Parties recognize that uncoordinated decisions by one Party could have severe,negative
impacts on the other Parties.The purpose of this Agreement is to identify the prerequisites
for concept planning,to provide for coordination of concept planning,and to adopt a method
for dispute resolution in order to ensure the orderly and coordinated process for any
urbanization of Stafford ,concurrent with the provision of required urban services,to provide
for citizen involvement,and to ensure preservation of community character and important
natural resources.
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6.The Parties also recognize that this Agreement is consistent with and implements the Five-Party IGA and ,therefore,is necessary to support the determination by Metro and Clackamas
County that the designation of Stafford as an urban reserve is supportable under the urban
reserve factors contained in ORS 195.145(5)and OAR 660-027-0050.
NOW ,THEREFORE,the Parties agree as follows :
1.Timing of Concept Planning
The Parties agree that a very significant challenge for urbanization of Stafford in
terms of cost and the potential for severe,negative community impacts is providing for adequate
transportation infrastructure and transit service.
1 .1
The Parties further agree that a key piece of infrastructure that must be planned
for and funded before the Parties can complete meaningful concept planning is the widening of
Interstate 205 to three lanes in each direction from Oregon City to Stafford Road and the
replacement or reconstruction of the Abernethy Bridge ("1-205 Widening Project ”).Given the
jurisdiction over and the cost of this project,it will have to be a regional project funded by state
and federal funds.
1.2
The Parties,therefore,agree that no Party will complete or adopt any concept plan
for any part of Stafford under Title 11 of the Metro Urban Growth Management Functional Plan
(Metro Code Section 3.07),or that otherwise constitutes a concept plan under the terms of the
Five-Party Agreement,or that otherwise constitutes a criterion for UGB expansion ,nor will any
Party apply for,promote or support any expansion of the UGB into any part of Stafford ,until :
1.3
1.3.1 South of Tualatin River.For any concept plan proposal involving a
portion of Stafford that is south of the Tualatin River :
(a)The 1-205 Widening Project has received preliminary design
approval ;and
(b)Funds to construct the 1-205 Widening Project have been identified
and appropriated ;and
(C )Construction of the 1-205 Widening Project is scheduled to begin
in two years or less.
1.3.2.North of the Tualatin River.For any concept plan proposal involving any
portion of Stafford that is north of the Tualatin River,the later of:
(a)December 31 ,2028;or
(b)until all the conditions in subsections 1.3.1 (a),(b)and (c)are met.
By mutual written amendment to this Agreement,the Parties may substitute an
alternative 1-205 improvement project in place of the 1-205 Widening Project as used in Section1.3,if all the Parties determine in the discretion of each that the alternative project includes high-
1.4
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capacity transit or other features that enhance capacity and mitigate impacts in a substantially
equivalent or superior manner to the 1-205 Widening Project.
2 .Coordination of Concept Planning
Notice of Intent to Initiate Concept Plan.Before initiating concept planning for
any portion of Stafford ,the planning Party will provide not less than 90 days’written notice to
the other Parties.Representatives of all three Parties will meet simultaneously at least twice
before the end of the 90-day period to discuss the process,including an approach to addressing
any concerns.If one or more Parties refuse to meet during the 90-day period ,the initiating Party
may begin concept planning,but must still meet the other obligations of coordination under this
Agreement.
2.1
Coordination among the Cities.The planning Party will coordinate with the
other Parties in developing the concept plan,and will provide ample opportunities for the other
Parties to evaluate and meaningfully participate and comment on the proposed plan.Further,if a
Party (the “objecting Party”)presents to the planning Party substantial evidence that a proposed
concept plan or concept plan element will materially impair or degrade the functionality of a
transportation or utility facility or any other system of the objecting Party or of a service provider
providing service within the objecting Party’s planning and service area as determined under
Section 3 of this Agreement,the planning Party will ,in good faith,address the alleged impacts
and revise its concept plan or include mitigation measures or requirements that specifically and
effectively address the impacts..For the purposes of this section,substantial evidence includes
without limitation evidence that the objecting Party ’s standards for transportation level of
service,operations and safety will be impaired or degraded .
2.2
Citizen Involvement.Each Party's consideration and approval of its concept
plan will follow the citizen involvement procedures and requirements for comprehensive plan
amendments contained in that Party 's comprehensive plan and land use regulations.Each Party
will coordinate with the Stafford Hamlet and other Clackamas County citizen participation
organizations within Stafford in the same manner as a city neighborhood association or other
city-recognized citizen involvement organization with relation to providing involvement
opportunities during the concept plan adoption process,but shall not be required to provide fee
waivers or any other financial or in-kind support.
2.3
Concept Planning Criteria in Addition to Metro Code.In addition to concept
planning criteria under Metro Code Section 3.07.1100 that is consistent with the Five-Party
IGA,the Parties agree that the following criteria will apply to Stafford area concept plans:
2.4
(a)Consider community character;
(b)Provide separation between communities and understandable borders ;
(c)Preserve natural features;
(d)Maintain functionality of transportation and other systems.Unless
mitigated and addressed as provided in Section 2.2,no material impairment or degradation of the
functionality of a transportation or utility facility or system of another Party.
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Determination of Concept Planning and Urban Services Areas.Commencing no
earlier than the year 2020,the Parties will develop and enter into an amendment to this
Agreement establishing boundaries for each Party’s concept planning and Urban Services Area
in Stafford .The boundaries will be based upon the considerations listed in Section 2.4 and in
Exhibit A .The Parties agree to work with each other to develop and employ a coordinated
public review and involvement process in each City before approving the boundaries and the
amendment.
3.
Adjustments for Certain Public Facilities or Services.4.
Notwithstanding the timing requirements of Section 1 of this Agreement,
provided that all three Parties agree in writing in advance,a Party may approve a concept plan
and apply for or support a UGB expansion at any time to include an area of less than 120 acres in
Stafford ,provided that the area is publicly-owned ,and use of the area is limited to parks,
recreation ,open space,or agricultural uses.Concept plans under this Section 4 are subject to the
noticing,coordination and citizen involvement provisions in Sections 2.1,2.2,and 2.3 of this
Agreement.Nothing shall prohibit a Party from including an area that has been concept planned
or brought into the UGB under this Section 4 in subsequent concept planning for a larger area in
compliance with the terms of this Agreement .
4.1
The Parties hereby agree to Lake Oswego concept planning and requesting UGB
expansion under this Section 4 to include all or part of the Luscher Farm /Rosemont Open Space
properties consisting of approximately 110.5 acres at 125 -385 S.Rosemont Road in Stafford ,
depicted in Exhibit B with tax lot numbers 21 E 16AD 03000,03001 ;21 D 16D 00100,00300;
21 D 16 E 00200;and 21 E15C 00700,00300,provided that the Luscher Farm/Rosemont Open
Space properties are publicly-owned ,and use of the Luscher Farm /Rosemont Open Space
properties is limited to parks,recreation,open space,or agricultural uses.In the event Lake
Oswego acquires the private parcels north of Rosemont Road surrounded on three sides by the
listed properties,or the parcels north of Rosemont Road that lie between 21 E 15C 00700 and
00300,as shown on Exhibit B,Lake Oswego may include those additional parcels as part of the
concept planning and proposed UGB expansion together with the other properties approved
under this subsection,provided that the parcels are publicly-owned ,and use is limited to parks,
recreation ,open space or agricultural uses.
4.2
Enforcement/Dispute Resolution.If any dispute arising out of or relating to this
Agreement,including the alleged breach,validity,interpretation and performance thereof
(“Dispute”),is not resolved through negotiation within 30 days of written notice of a Dispute
sent by one of the Parties to the others,the Parties agree to then use their best efforts in good
faith to settle the Dispute by mediation before resorting to litigation or some other dispute
resolution procedure.The mediator will be an individual acceptable to all three Parties,but in
the absence of agreement each Party will select a temporary mediator and the temporary
mediators will jointly select the permanent mediator.Each Party will pay its own costs for the
time and effort involved in mediation.The cost of the mediator will be shared equally among the
Parties.The mediation session will be held within 45 days of the retention of the mediator,and
last for at least one full day before any Party has the option to terminate the process.The process
will continue until a Party or the mediator states there is no reason to continue because of an
impasse that cannot be overcome and sends a “notice of termination of mediation”to the (other)
5 .
Page 4 of 5 -THREE CITY INTERGOVERNMENTAL AGREEMENT -PLANNING
FOR THE STAFFORD URBAN RESERVE
PP 19-0012 APPENDIX D/PAGE 4 OF 7PP 19-0012 Attachment 1 to Exhibibit A-1
Parties.Upon termination of mediation ,each Party will have the right to exercise all legal
remedies available at law or equity .If the Parties reach agreement in mediation,the agreement
will be reduced to writing and signed by all Parties.
6 .Miscellaneous Provisions.
6.1 Governing Law .The laws of the State of Oregon will govern this Agreement
and the Parties will submit to the jurisdiction of the courts of the State of Oregon.
Amendments .This Agreement may be amended at any time with the written6.2
consent of all Parties.
Severability .If any covenant or provision of this Agreement is adjudged void ,
such adjudication will not affect the validity,obligation,or performance of any other covenant or
provision which in itself is valid if such remainder would then continue to conform with the
terms and requirements of applicable law and the intent of this Agreement.
6.3
Term.This Agreement shall be effective upon execution by all Parties identified
herein.This Agreement will terminate on the same date as the Reserves IGA,December 31,
2060,unless terminated earlier by agreement of the Parties.If during the term of this Agreement
there is a change in applicable law or other circumstance that materially affects compliance with
one or more provisions of this Agreement,the Parties agree to negotiate in good faith a revision
to this Agreement to address such law or circumstance in manner consistent with the intent of
this Agreement.
6.4
IN WITNESS WHEREOF,each Party has caused this Intergovernmental Agreement to be
executed by its duly authorized representative on the dates below.This agreement has been
executed in triplicate originals,with one to be held by each of the Parties.
CITY OF LAKE OSWEGO
J J -LUit 1 in Dated:f <-o U ,2019
By :Kent Studebaker,Mayor
CITY/OF TUALATIN
Dated :,2019A
By :Frank Bubenfk,Mayor
CITY OF WEST LINN
Dated :c-A ,2019ABy:Russ Axelrod
Page 5 of 5 -THREE CITY INTERGOVERNMENTAL AGREEMENT -PLANNING
FOR THE STAFFORD URBAN RESERVE
PP 19-0012 APPENDIX D/PAGE 5 OF 7PP 19-0012 Attachment 1 to Exhibibit A-1
EXHIBIT A-Three City Intergovernmental Agreement
Considerations in drawing boundaries
1.Efficient and effective use of existing and planned public investments
Transportation
Sanitary and Storm Sewer
Water
Open space
Emergency response
Schools
2.Existing parcelization and committed land uses
3.Separation of cities and understandable boundaries
Although it is too early to consider land use and urban design,boundaries should support each
city in maintaining its distinct identify and sense of place.
Avoid splitting properties between cities and support efficient operations and maintenance of
city infrastructure
4.Natural areas
Promote efficient management of natural resources,e.g.,avoid fragmentation of major
stream corridors.
Use natural areas and natural features as buffers/greenbelt for separation between cities.
Provide equitable distribution of regional open spaces among cities.
5.Development costs and fiscal impact
Equitable distribution of buildable land for housing and employment
Consider relative cost of serving areas;avoid creating areas that are isolated or not fiscally
feasible to serve (topography,transportation access,parcelization )
PP 19-0012 APPENDIX D/PAGE 6 OF 7PP 19-0012 Attachment 1 to Exhibibit A-1
EXHIBIT B -Three City Intergovernmental Agreement
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PP 19-0012 APPENDIX D/PAGE 7 OF 7PP 19-0012 Attachment 1 to Exhibibit A-1
LUSCHER AREA MASTER PLAN
100 CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES
TABLE 7.1 OPINION OF PROBABLE CONSTRUCTION COST
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LUSCHER AREA MASTER PLAN
CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES 101
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LUSCHER AREA MASTER PLAN
102 CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES
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LUSCHER AREA MASTER PLAN
CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES 103
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LUSCHER AREA MASTER PLAN
104 CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES
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LUSCHER AREA MASTER PLAN
CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES 105
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LUSCHER AREA MASTER PLAN
106 CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES
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LUSCHER AREA MASTER PLAN
CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES 109
FUNDING OPTIONS
& RESOURCES
The Luscher Area Master Plan presents a long
term vision for the future use and
development of park land. Implementation of
this vision will be incremental and take place
over time as funding is available.
The master plan will need to rely on a wide
variety of funding mechanisms and strategies.
Parks Plan 2025, the long term vision for the
City’s park system, lays out a set of relevant
funding sources for park projects across the
system. A brief description of the applicable
funding sources is presented below and
summarized in Table 7.2. For additional detail
about each funding source, refer to Chapter 6
of Parks Plan 2025. Historically, park
development in Lake Oswego has been funded
through voter approved bond measures, the
City’s General Fund, and to a lesser degree via
park system development charges and grants.
In addition to traditional funding sources, the
Luscher Area Master Plan presents a unique
opportunity to explore the use of other
creative strategies. In particular grants,
foundation funding, and community
partnerships and private fundraising are viable
options for implementing portions of the
master plan. A key element for this approach
to be successful will be the creation of an
actively engaged Friends group working
collaboratively with the City.
GENERAL FUND
General fund dollars come from taxes and fees
and are used to fund most City services. As
such, these resources are stretched across
many priorities and, even though the General
Fund could contribute to the development of
any area, it should not be considered a primary
source of funding for this project. General
Fund dollars are primarily envisioned for
matching funds and possibly small projects
that advance the overall goals of the City.
GRANTS
Grant funding has been an important part of
building the Lake Oswego park, recreation,
and natural area system. There are a wide
variety of granting agencies and foundations
that will each have their own funding
priorities and criteria. Many of the projects
envisioned for the Luscher Area fit closely
with major categories of grantor interests,
including athletics, trails, community food
systems, and natural areas. It is important to
note that this money does not come for free; in
addition to staff time to build relationships and
to apply for, track, and manage grants, most
grant programs require a certain match
(typically in cash or in-kind services). The
City will need to ensure that such resources
can be made available if funding is awarded.
CAPITAL BONDS
The City relies on bond funding for much of
its major capital projects, including park
system investments. Most often issued as
general obligation bonds, this option requires
voter-approval to bond against an assessment
placed on real property. Due to the high
community interest in the Luscher Area
properties, projects advancing this master plan
could be key to a successful system-wide bond
program.
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LUSCHER AREA MASTER PLAN
110 CHAPTER 7 PROBABLE CONSTRUCTION COSTS & FUNDING SOURCES
REVENUE BONDS
These bonds are sold to finance revenue
generating facilities. The interest and capital
are paid from the revenue produced from the
facility’s operation. Typically the City will
have to guarantee the repayment, meaning
that if revenue does not cover the necessary
payments, the City will be required to pay in
some other way.
PARK STEWARDSHIP FEE
Parks Plan 2025 also introduced the idea of a
park stewardship fee. This fee could be created
by a local ordinance as a direct user fee for the
purpose of constructing and maintaining
recreation facilities. A more targeted
stewardship fee could specifically fund the
stabilization and maintenance of the City’s
natural areas, and either the general or the
targeted approach is applicable to Luscher
Farm projects.
SPECIAL FUNDS
Another source of funding for park projects is
a collection of smaller special purpose funds
that include the capital reserves of the City’s
indoor tennis center and the tourism fund. To
be applied to a project, there must be a direct
connection to the purpose or source of
funding.
SYSTEM DEVELOPMENT
CHARGES
The system development charges (SDCs)
collected for parks are restricted by law to
enhancing the capacity of the system, and to
reimburse for excess capacity if it exists in the
system. SDC funds can be especially useful to
leverage additional resources such as matching
funds for grants. Nearly all of the the Luscher
Area master plan projects expand the capacity
of the system and are eligible for SDC funding.
COMMUNITY
PARTNERSHIPS
The community interest in Luscher Farm has
already resulted in the investment of
significant volunteer effort, fundraising, and
organizational support to different functions of
the site. With this plan in place, the City can
harness this community energy and direct it
toward accomplishing the multi-faceted vision
for the site.
FLEXIBILITY FOR THE
FUTURE
Ultimately, of course, no one resource will
provide all of the funding and support that is
necessary to implement the improvements
identified in the Luscher Area master plan.
Additionally, the existing sources of funding
will not cover all of the recommended
improvements. Because this is a long-range
plan, however, the intent is to identify
funding sources as opportunities arise and to
define various areas for these improvements so
that the City of Lake Oswego can implement
the plan in manageable pieces that are scaled
to match the available funding at the time.
PROJECT PHASING
Implementation of the various phases of the
Luscher Area master plan will be dependent
upon the status of the Urban Growth
Boundary (UGB), available funding, and the
ability of existing or new infrastructure to
support implementation.
While the master plan articulates the full build
out and future use of the Luscher area park
properties, the reality is the majority of these
PP 19-0012 APPENDIX E/PAGE 9 OF 9PP 19-0012 Attachment 1 to Exhibibit A-1
Date Signed:
03.12.2020
H:\Surveying Services\City Properties\Luscher Farm\Legal Description\Exhibit A
–UGB.docx
EXHIBIT A
A tract of land located within the northeast and southeast quarter of Section 16, and the
southwest quarter of Section 15, Township 2 South, Range 1 East of the Willamette Meridian,
City of Lake Oswego, Clackamas County, Oregon; a part of said tract being within the Jesse
Bullock Donation Land Claim No. 46 and the Edward A. Wilson Donation Land Claim No. 72 of
said Township and Range, said tract of land being comprised of portions of Stafford Road
(Market Road 12 – County Road No. 1208) and Rosemont Road (County Road No. 82), and
certain properties conveyed to the City of Lake Oswego, a municipal corporation of the State of
Oregon, by the following: Statutory Bargain and Sale Deed recorded September 7, 1994 as
Recording No. 94-071047; Warranty Deed – Statutory Form, recorded September 1, 1995 as
Recording No. 95-053348; Statutory Warranty Deed, recorded April 15, 1999 as Recording No.
99-037761; Statutory Warranty Deed, recorded June 30, 1999 as Recording No. 99-065787; and
Warranty Deed – Statutory Form, recorded November 15, 2005 as Recording No. 2005-114202,
said deeds being of the Official Records of Clackamas County; said tract of land more
particularly described as follows:
Commencing at the East 1/4 Corner of Section 16 of said Township and Range; said point being
a 3-1/4” bronze disk on a 2-3/8” (OD) X 30” steel pipe as per Remonumentation Record,
U.S.B.T. Entry 2007-101, survey records of Clackamas County;
Thence North 89°59’49” West, 190.90 feet (West, 191.40 feet; deed record, Recording No. 95-
053348) along the center-east line of said Section (as delineated by said Remonumentation
Record, U.S.B.T. Entry 2007-101), to the True Point of Beginning at the northeast corner of
said City of Lake Oswego tract as per Recording No. 95-053348;
Thence leaving said center-east line, South 0°08’34” East, 777.56 feet (North, 780.12’; deed
record, Recording No. 95-053348) along the easterly line of said Recording No. 95-053348 (as
delineated by said Remonumentation Record, U.S.B.T. Entry 2007-101), to the northerly line of
said City of Lake Oswego tract as per Recording No. 99-065787, and the northerly line of said
Jesse Bullock Donation Land Claim;
Thence leaving the easterly line of said Recording No. 95-053348,
South 89°15’22” East, 203.87 feet along said southerly and
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northerly line, to an iron pipe at the intersection of south line of said Jesse Bullock Donation
Land Claim, and the east line of said Section 16 (as delineated by Record of Survey No. PS-
28323);
Thence leaving said Recording No. 99-065787, and continuing South 89°15’22” East, 514.30 feet
(East, 514.30 feet, deed record, Recording No. 2005-114202) along said southerly line Jesse
Bullock Donation Land Claim, and the northerly line of said Recording No. 2005-114202, to an
iron pipe;
Thence leaving said southerly and northerly line, South 0°39’29” East along the easterly line of
said of said Recording No. 2005-114202, and the southerly extension thereof, approximately
1325 feet, more or less, (South, 1281.7 feet to the centerline of Rosemont Road, deed record,
Recording No. 2005-114202) to the southwesterly right of way of Rosemont Road (County Road
No. 82, 60.00-foot right of way), the easterly line of said Recording No. 2005-114202 being
parallel with the east line of Section 16;
Thence leaving said parallel line, North 45° West (Resurvey of Hillsboro Road No. 82, filed
February 5, 1906, survey records of Clackamas County) along said right of way, approximately
152 feet, more or less, to the southerly right of way of said Rosemont Road (as delineated by
Record of Survey No. PS-28323);
Thence leaving said southwesterly right of way, North 89°55’15” West , approximately 192 feet,
more or less, along the southerly right of way thereof being parallel with the northerly line of
the Edward A. Wilson Donation Land Claim No. 72, to the intersection of said southerly right of
way and the southerly projection of a line being common to the most-south southwesterly line
of said Recording No. 2005-114202 and the southerly projection of the easterly line of a tract of
land conveyed to Andrew B. Harris by Special Warranty Deed recorded December 28, 1990 in
the Official Records of Clackamas County as Recording No. 90-63582 (as delineated by Record
of Survey No. PS-28323);
Thence leaving said southerly right of way, North 0°28’00” West, 366.12’, more or less, along
said common line, said line be parallel with the east line of said Section 16;
Thence leaving said parallel line, North 89°55’15” West along a line being parallel with said
northerly line of Edward A. Wilson Donation Land Claim, 220.00 feet to the east line of said
Section 16 , said parallel line being common to the northerly line of said Recording No. 90-
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Date Signed:
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63582, and the most-north south line of said Recording No. 2005.-114202;
Thence leaving said common line, South 0°28’00” East along the east line of said Section 16,
366.12 feet, more of less, to the southerly right of way of said Rosemont Road;
Thence leaving said east line, North 89°55’15” West along said southerly right of way, 555.49
feet to the southwesterly right of way thereof (as delineated by Record of Survey No. PS-
24738);
Thence leaving said southerly right of way, North 70°02’36” West along said southwesterly right
of way, 1570.51 feet Stafford Road Centerline Station 56+96.57, 129.33 feet right (56+96.62,
129.46 feet right, Recording No. 2003-144554);
Thence leaving said southwesterly right of way, South 84°04’07” West, 71.63 feet along the
southerly right of way of said Stafford Road, to Stafford Road Centerline Station 56+74.00,
60.50 feet right;
Thence leaving said southerly right of way, South 37°38’02” West along the southeasterly right
of way thereof, 64.65 feet to Stafford Road Centerline Station 56+17.00, 30.00 feet right;
Thence leaving said southeasterly right of way, South 9°29’00” West along the easterly right of
way thereof, 242.00 feet to Stafford Road Centerline Station 53+75.00, 30.00 feet right; the
southerly, southeasterly, and easterly right of way thereof conveyed to Clackamas County as a
Permanent Road Easement recorded October 28, 2003 in the Official Records of Clackamas
County as Recording No. 20003-144554;
Thence leaving said right of way, North 80°31’00” West, at right angles to the right of way
thereof, 75.00 feet to the westerly right of way thereof, said point being Stafford Road
Centerline Station 53+75.00, 45.00 feet left;
Thence leaving said right-angle line, North 9°29’00” East along said westerly right of way
thereof, 242.00 feet to Stafford Road Centerline Station 56+17.00, 45.00 feet left;
Thence leaving said right of way, North 18°44’02” West along the southwesterly right of way
thereof, 71.89 feet to Stafford Road Centerline Station 56+80.00, 79.00 feet left;
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Thence North 33°49’ 21” West, 81.82 feet to Stafford Road Center Station57+29.87, 137.42 feet
left (57+30.11, 137.73 feet left, Recording No. 2004-008152) at the southwesterly right of way
of Atherton Drive (60.00-foot right of way as per Atherton Heights No. 3 (Plat No. 3714)), said
line being common the existing southwesterly Urban Growth Boundary line; the westerly and
southwesterly right of way of said Stafford Road conveyed to Clackamas County as a Right of
Way easement recorded February 3, 2004 in the Official Records of Clackamas County as
Recording No. 2004-008152;
Thence leaving the said Stafford Road right of way, S 69°50’54” East along said common line,
108.21 feet to the southeasterly lines of said Urban Growth Boundary and said Atherton Drive,
said point be the beginning of a non-tangent curve;
Thence leaving said southwesterly common line, northeasterly along said southeasterly
common line, along the arc of 754.19-foot radius curve to the right, through a central angle of
4°34’39” (the long chord of which bears North 15°02’39” East, 60.24), 60.26 feet to the
beginning of a non-tangent curve;
Thence leaving said southeasterly common line, northeasterly along the arc of 754.24-foot
radius curve to the right, through a central angle of 3°18’12” (the long chord of which bears
North 18°59’05” East, 43.48 feet), 43.49 feet to a point of tangency; said line being common to
said southeasterly Urban Growth Boundary and the northwesterly right of way of said Stafford
Road;
Thence continuing along said common line, North 20°38’11” East, 702 feet, more or less,
(702.17 feet, deed record, Recording No. 96-045157) to the northerly line of a tract of land
conveyed to said City of Lake Oswego by Statutory Warranty Deed recorded June 21, 1996 in
the Official Records of Clackamas County as Recording No. 96-045157, said northerly line being
common to the southerly line of a tract of land conveyed to Christian City Church, an Oregon
non-profit corporation, by Warranty Deed recorded December 11, 2008 in the Official Records
of Clackamas County as Recording No. 2008-081671;
Thence leaving said Urban Growth Boundary and Stafford road common line, South 89°53’00”
East, 32.03 feet, more or less, to the centerline of said Stafford Road, said line being the
easterly projection of said City of Lake Oswego and Christian City Church common line, said line
also being the southerly line of said Urban Growth Boundary;
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Thence leaving said common line, North 20°38’11” East, 220 feet, more or less, along said
centerline and the easterly line of said Urban Growth Boundary, to the westerly projection of
the northly line of said City of Lake Oswego tract as per Recording No. 95-053348 and the
southerly line of a tract of land conveyed to said City of Lake Oswego by Statutory Warranty
Deed recorded June 1, 1993 in the Official Records of Clackamas County as Recording No. 93-
36937;
Thence leaving said centerline, Easterly, along a said common line being parallel with the said
center-east line of Section 16, approximately 831 feet, more or less, (East, 831.25 feet, deed
record, Recording No. 93-36937; East 844.80 feet, deed record, Recording No. 95-053348) to a
corner being common to the northwest interior corner of said City of Lake Oswego tract as per
Recording No. 95-053348 and the southeast corner of said 93-36937, said point being on the
easterly line of a tract of land convey to Mary W. Strachan by Warranty Deed record July 27,
1948 in the Official Records of Clackamas County as Book 409, Page 204, said parallel line being
common to the southerly line of said Urban Growth Boundary;
Thence leaving said parallel line, Northerly, approximately 459 feet, more or less, (North 0°16’
East, 458.7, deed record, Recording No. 93-36937; North 458.7, deed record, Recording No. 95-
053348) along the westerly lines of said 95-053348 and said Strachan tract, and the easterly
lines of said 93-36937 and said Urban Growth Boundary, to the said center-east line of Section
16, (as delineated by said Remonumentation Record, U.S.B.T. Entry 2007-101), said line being
common to the southerly line of said Urban Growth Boundary;
Thence leaving said Strachan line, South 89°59’49” East 84 feet, more or less, along said center-
east line to the southwest corner common to the said City of Lake Oswego tract as per
Recording No. 94-071047 and a tract of land convey to Wilfred T. and Harriet S. Boyd by
Warranty Deed recorded July 21, 1948 in the Official Records of Clackamas County as Book 409,
Page 47;
Thence leaving said center-east section line, North 2°23’58” East, 371 feet, more or less, (as
delineated by Record of Survey No. PS-21752) along the westerly line being common to said
Boyd and said 94-071047 tracts and the easterly line of a tract of land conveyed to said City of
Lake Oswego by Statutory Bargain and Sale Deed recorded June 20, 1994 in the Official Records
of Clackamas County as Recording No. 94-050633; to the southerly line of Stafford Park (Plat
No. 4533), plat records of Clackamas County, said westerly and easterly lines being common to
the easterly line of said Urban Growth Boundary;
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Thence leaving said westerly and easterly lines, South 89°48’06” East 239.98 feet along the said
southerly line of Stafford Park to the southeast corner thereof, said Stafford Park southerly line
being common to the southerly line of said Urban Growth Boundary;
Thence leaving said southerly line, North 0°09’00” West along the easterly line and the
northerly extension thereof, 140 feet, more or less, to the southerly line of a tract of land
convey to J.C. and Nan N. Colhouer by Warranty Deed recorded June 29, 1962 as Book 606,
Page 175, said southerly line further delineated by Stafford Oaks (Plat No. 2723), plat records
of Clackamas County, said previously mentioned Stafford Park easterly line being common to
the easterly line of said Urban Growth Boundary;
Thence leaving said Stafford Park easterly line, South 89°55’38” East, 405 feet, more or less,
(East 405.5 feet, deed record, Recording No. 99-037761) along said Colhouer and Stafford Oaks
southerly line to the northeast corner of said City of Lake Oswego tract as per Recording No. 99-
037761, said Colhouer and Stafford Oaks southerly line being common to the southerly line of
said Urban Growth Boundary;
Thence leaving said Colhouer, Stafford Oaks, and Urban Growth Boundary southerly line, South
0°08’34” East, 509 feet, more or less, (South 510.6 feet, deed record, Recording No.
99-037761) along the easterly line of said City of Lake Oswego tract as per Recording No.
99-037761, to the True Point of Beginning (West 203.5 feet from the East 1/4 Corner of
Section 16, deed record, Recording No. 99-037761).
Bearings and stationing are based on recording numbers (establishing the right of way at the
intersection of Stafford and Rosemont road) 2003-128923, 2003-128924, 2003-129313, 2003-
128925, and 2003-128926, recorded September 24, 2003; 2003-144554, recorded October 28,
2003; and 2004-008152, recorded February 3, 2004, the documents thereof being of the Official
Records of Clackamas County. Subject deeds and the corresponding delineating record of
survey and subdivision plats, are rotated to the said basis of bearing, where possible.
PP 19-0012 APPENDIX F/PAGE 6 OF 8
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CITYO F L A K E O
S
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GOORE G O N
SHEET 1 OF 2
ENGINEERING
DEPARTMENT DATE: MARCH 12, 2020EXHIBIT B
FILE: H:\SURVEYING SERVICES\CITY PROPERTIES\LUSCHER
FARM\DWG\UGB 2020.DWG
SCALE: 1" = 500'
TRACT OF LAND: WITHIN THE N.E. AND S.E. 1/4 SEC. 16, AND THE S.W. 1/4 SEC. 15;
T. 2 S., R. 1 E., W.M., CITY OF LAKE OSWEGO, CLACKAMAS COUNTY, OREGON;
PROPOSED URBAN GROWTH BOUNDARY CHANGE FOR THE CITY OF LAKE OSWEGO
93-36937
94-050633
PS-21752
99-065787
PS-28323 2005-114202
90-63582
PS-28323
ROSEMONT ROAD
(COUNTY ROAD NO. 82
- 60.00' RIGHT
OF WAY)
STAFFORD
OAKS (PLAT
NO. 2723)
STAFFORD ROAD
(MARKET ROAD NO. 12
COUNTY ROAD NO. 1208
VARIABLE WIDTH
RIGHT OF WAY)
POINT OF
COMMENCEMENT
(EAST 1/4 CORNER
OF SECTION 16)
TRUE POINT
OF BEGINNING
STAFFORD ROAD
(MARKET ROAD NO. 12
COUNTY ROAD NO. 1208
VARIABLE WIDTH
RIGHT OF WAY)
2008-081671
96-045157
2017-033241
(SOUTHEAST CORNER
OF SECTION 16)
ROLLING HILL
FARM ESTATES
(PLAT NO. 4011)
ATHERTON DRIVE
ATHERTON HEIGHTS
NO. 3 (PLAT NO. 3714)
STAFFORD
PARK (PLAT
NO. 4533)
PS-24738
PS-3120 95-053348
PS-1766
RECORD OF SURVEYS:
·PS-1766, NO FILING DATE
·PS-3120, FILED OCTOBER 30, 2003
·PS-21752, NO FILING DATE
·PS-22449, FILED MAY 13, 1988
·PS-24738, FILED APRIL 14, 1992
·PS-24899, FILED SEPTEMBER 10, 1992
BOOK 409
PAGE 204
BOOK 409
PAGE 47
(NOTE CONTINUED)
SUBJECT DEEDS AND CORRESPONDING DELINEATING RECORD
OF SURVEY AND SUBDIVISION PLATS, ARE ROTATED TO THE
SAID BASIS OF BEARING, WHERE POSSIBLE.
NOTE: (THE FOLLOWING DEEDS ARE FROM THE OFFICIAL
RECORDS OF CLACKAMAS COUNTY)
BEARINGS AND STATIONING ARE BASED ON
RECORDING NUMBERS (ESTABLISHING THE
RIGHT OF WAY AT THE INTERSECTION OF
STAFFORD AND ROSEMONT ROAD)
2003-128923, 2003-128924, 2003-129313,
2003-128925, AND 2003-128926, RECORDED
SEPTEMBER 24, 2003; 2003-144554, RECORDED
OCTOBER 28, 2003; AND 2004-008152,
RECORDED FEBRUARY 3, 2004.
(NOTE CONTINUED TO THE RIGHT)
99-
03776194-
071047
2019-015065
2019-015065
2013-033791
2011-
063948
2011-
063936
EXISTING
URBAN
GROWTH
BOUNDARY
EXISTING
URBAN
GROWTH
BOUNDARY
EXISTING
URBAN
GROWTH
BOUNDARY
PS-28323(RECORD OF SURVEYS CONTINUED)
·PS-28323, FILED JUNE 25, 1999
·REMONUMENTATION RECORD,
U.S.B.T. ENTRY 2007-101, DATED
SEPTEMBER 24, 2007
(SURVEYS FILED IN THE CLACKAMAS COUNTY
SURVEY RECORDS)
EXISTING
URBAN
GROWTH
BOUNDARY
95-053348
PS-1766
L1
L2
L3
L4
L5
L6
L7
L8 C1
C2
N 20°38'11" E
702' ±
S 89°53'00" E
32.03' ±
N 20°38'11" E
220' ±
EASTERLY
APPROXIMATELY
831' ±
NORTHERLY
APPROXIMATELY
459' ±
S 89°59'49" E
84' ±
N 2°23'58" E
371' ±
N 0°09'00" W
140' ±
S 0°08'34" E
509' ±
S 89°15'22" E
203.87'
S 89°15'22" E
514.30'
S 0°39'29" E
APPROXIMATELY
1325' ±
N 89°55'15" W
220.00'
N 89°55'15" W
555.49'
N 70°02'36" W
1570.51'
S 0°28'00" E
366.12' ±N 89°55'15" W
APPROXIMATELY
192' ±
N 0°28'00" W
366.12' ±
N 89°59'49" W
190.90'
LINE TABLE
LINE NO.
L1
L2
L3
L4
L5
L6
L7
L8
BEARING
S 84°04'07" W
S 37°38'02" W
S 9°29'00" W
N 80°31'00" W
N 9°29'00" E
N 18°44'02" W
N 33°49'21" W
S 69°50'54" E
LENGTH
71.63'
64.65'
242.00'
75.00'
242.00'
71.89'
81.82'
108.21'
CURVE TABLE
CURVE
NO.
C1
C2
DELTA
4°34'39"
3°18'12"
RADIUS
754.19'
754.24'
LENGTH
60.26'
43.49'
CHORD
BEARING
N 15°02'39" E
N 18°59'05" E
CHORD
LENGTH
60.24'
43.48'
56+96.57
129.33' RT
56+74.00
60.50' RT
56+17.00
30.00' RT
53+75.00
30.00' RT
53+75.00
45.00' LT
56+17.00
45.00' LT
56+80.00
79.00' LT
57+29.87
137.42' LT
CALCULATED EAST
LINE OF SECTION 16 AS
PER REMONUMENTATION
RECORD U.S.B.T. ENTRY
2007-101 AND RECORD
OF SURVEY NO. PS-24899
[S 0°39'29" E 2636.74']
S 89°48'06" E
239.98'
S 89°55'38" E
405' ±
S 0°08'34" E
777.56'
N
CITYO F L A K E O
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WE
GOORE G O N
SHEET 2 OF 2
ENGINEERING
DEPARTMENT DATE: MARCH 12, 2020EXHIBIT B
FILE: H:\SURVEYING SERVICES\CITY PROPERTIES\LUSCHER
FARM\DWG\UGB 2020.DWG
SCALE: 1" = 500'
TRACT OF LAND: WITHIN THE N.E. AND S.E. 1/4 SEC. 16, AND THE S.W. 1/4 SEC. 15;
T. 2 S., R. 1 E., W.M., CITY OF LAKE OSWEGO, CLACKAMAS COUNTY, OREGON;
PROPOSED URBAN GROWTH BOUNDARY CHANGE FOR THE CITY OF LAKE OSWEGO
93-36937
94-050633
99-
037761
95-053348
95-053348
99-065787
2005-114202
90-63582ROSEMONT ROAD
(COUNTY ROAD NO. 82
- 60.00' RIGHT
OF WAY)
STAFFORD
OAKS (PLAT
NO. 2723)
STAFFORD ROAD
(MARKET ROAD NO. 12
COUNTY ROAD NO. 1208
VARIABLE WIDTH
RIGHT OF WAY)
POINT OF
COMMENCEMENT
(EAST 1/4 CORNER
OF SECTION 16)
TRUE POINT
OF BEGINNING
STAFFORD ROAD
(MARKET ROAD NO. 12
COUNTY ROAD NO. 1208
VARIABLE WIDTH
RIGHT OF WAY)
2008-081671
96-045157
2017-033241
(SOUTHEAST CORNER
OF SECTION 16)
ROLLING HILL
FARM ESTATES
(PLAT NO. 4011)
L1 - L3 AND
CORRESPONDING
STATIONING/OFFSET
AS PER RECORDING NO.
2003-144554; L4 - L7 AND
CORRESPONDING
STATIONING/OFFSET
AS PER RECORDING NO.
2004-008152
ATHERTON DRIVE
ATHERTON HEIGHTS
NO. 3 (PLAT NO. 3714)
STAFFORD
PARK (PLAT
NO. 4533)
BOOK 409, PAGE 204
BOOK 409
PAGE 47
94-
071047
N 45° W
APPROXIMATELY
152' ±
INTERGOVERNMENTAL AGREEMENT BETWEEN CLACKAMAS
. . O~ COUNTY AND THE CITY OF LAKE OSWEGO (f:itJJ~ · STAFFORD ROAD
This agreement ("Agreement") is be'tween Clackamas County (hereinafter the "County"), a
political subdivision of the State of Oregon, and the City of Lake Oswego (hereinafter the
"City"), a municipal corporation of the State of Oregon. It is an intergovernmental agreement
whereby the County authorizes the City to undertake, and the City agrees to undertake,
operation, maintenance and regulatory enforcement and permitting functions on behalf of the
County for a portion of Stafford Rd. This Agreement is effective Ma:Y p_JJD, 2007.
Recitals:
A~u~t
A. Both the County and the City have the legal authority to enter into this Agreement.
B. The County and the City are permitted, through ORS Ch. 190, to enter :into
agreements for :intergovernmental cooperation for the performance of any function
that one party to the agreement has the authority to perform.
C. Stafford Rd. is a public right of way. Portions of Stafford Rd. are a County road.
Portions of Stafford Rd. are a City road. The area at which Stafford Rd. changes
from a County road to a City road is an area where it is difficult to coord:inate
operation, construction, and maintenance between the City and County, and a place
where the public is confused as to which jurisdiction is responsible for regulatory
enforcement and permitt:ing, as well as for the condition and use of the road.
D. The County and the City desire to eliminate the current confusion and to improve the
efficiencies of maintenance and public service by transferring operation, maintenance
and regulatory enforcement and permitting functions for a portion of Stafford Rd. to
the City, to be performed on the County's behalf.
E. For these reasons, the County and City deem it in the best interests of each
governmental entity for the City to assume certain functions on behalf of the County
for the portion of Stafford Rd. set out in this Agreement according to the following
terms and conditions.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the County and the City agree as follows:
Terms:
... ~
1. Functions Transferred. The County authorizes the City to exercise, and the City
agrees to perform, operation, maintenance, and regulatory enforcement and permitting
functions on behalf of the County for that portion of Stafford· Rd, specifically set out in
Exhibit A as attached to this document.
IGA-Clackamas County and Lake Oswego-Stafford Rd. t.1, a~~ 1
~ 007-4DI5"'
PP 19-0012 APPENDIX G/PAGE 1 OF 7
2. Condition of the Road. The County represents to the City that it is not aware of any
defects or deficiencies in the design, construction, or maintenance of the road.
3. Functions Transferred and Retained. The operation, maintenance, and regulatory '
enforcement and permitting functions the City agrees to undertake on behalf of the
County:
3.1. Includes all of the following, without limitation:
3.1.1. Maintenance ()fthe road surface and subsurface; pedestrian and
bicycle facilities; street lighting; landscaping in the right of way; road
shoulders; drainage, culverts, ditches, and other related drainage
infrastructure; and road shoulders;
3.1.2. Signing and pavement markings;
3.1.3. Utility permits, entrance permits, and street construction permits;
and
3 .1. 4. Administration of public utility and other appurtenant easements.
3 .2. Does not include any of the following:
3.2.1. Land use application authority;
3.2.2. Police powers and patrols;
3.2.3. Title to the road and its associated right-of-way; and
3.2.4. New energized traffic control devices.
4. Compliance: The City, in the performance of its obligations under Sections 3.1.1,
3.1.2, 3.1.3, and 3.1.4, agrees to comply with all local, regional, state, and federal
ordinances, statutes, laws, and regulations that are applicable to the responsibilities
transferred under this Agreement.
5. No Reimbursement. The County will not reimburse the City for the expenses the City
incurs in performing the obligations it assumes under this Agreement. The County
will not provide personnel, equipment, supplies, or materials,
6. Effective Date. Immediately upon the signing of this document by the governing
bodies of the County and the City, the assumption by the City of operation, operation,
maintenance, and regulatory enforcement and permitting functions on behalf of the
County shall be complete.
IGA-Clackamas County and Lake Oswego-Stafford Rd. 2 PP 19-0012 APPENDIX G/PAGE 2 OF 7
7. Term and Renewal: This Agreement shall have an initial term from the date of
signing to June 30,2008. It shall automatically renew for successive one-year terms
of July 1 to June 30 for each successive year. The automatic renewal of this
Agreement shall be terminated if either the City or the Gounty gives notice of the
non-renewal of its terms. Notice of non-renewal is effective only if it is given no
later than the January 1 prior to the end of the initial or renewal term.
8. Breach: This Agreement is conditioned upon the faithful performance by both parties
of all its terms and conditions, which are to be kept and performed. Either party may
terminate this Agreement on account of breach by the other party upon thirty (30)
days written notice.
9. Notice: Any notice under this Agreement shall be given in writing by personal
delivery or mailing the same, postage prepaid as certified mail, to the addresses
below, or such other address as either party may hereafter indicate. Any notice so
addressed and mailed shall be deemed to have been received five ( 5) days after the
date postmarked.
County Address:
City Address:
Development Engineering Manager
Department of Transportation and Development
Sunnybrook Service Center-3rd Floor
9101 SE Sunnybrook Blvd ..
Clackamas, OR 97015
City Manager
City of Lake Oswego
380AAvenue
PO Box369
Lake Oswego, OR 97034
10. Indemnification: To the extent permitted by the Oregon Tort Claims Act, ORS
30.260 through 30.300 and the Oregon Constitution:
10.1. The County and the City each agree to hold harmless, defend, and
indemnify each other, including their officers, agents, and employees, against all
claims, demands, actions, and suits (including attorney fees and costs) arising
from the indemnitor's performance of this Agreement where the loss or claim is
attributable to the negligent acts or omissions of that party.
10.2. The County and the City shall each be responsible only for the acts, omissions,
or negligence of each party's own officers, employees, or agents. The County
asserts, and the City agrees, that no County officer, employee, or agent shall be
employed or otherwise engaged in any of the activities set out in Sections 3 .1.1,
3.1.2, 3.1.3, and 3.1.4 of this Agreement.
IGA-Clackamas County and Lake Oswego-Stafford Rd. 3 PP 19-0012 APPENDIX G/PAGE 3 OF 7
11. Insurance: The City agrees to maintain insurance levels, or self-insurance in
accordance with ORS 30.282, for the duration of this Agreement at levels necessary
to protect against public body liability as specified in ORS 30.270.
12. Prompt Notice: The County and the City each agree to give the other immediate
written notice of any action or suit filed or any claim made against that party which
may result in litigation in any way related to this Agreement.
13. Amendment: The terms ofthis Agreement may be amended by mutual agreement of
the parties. Any amendment must be in writing, must refer specifically to this
Agreement, and shall become effective only when executed by the County and the
City.
14. No Third Parties: The County and the City are the only parties to this Agreement
and are the only entities entitled to enforce its terms.
15. Forum: This Agreement shall be governed by and construed in accordance with the
laws of the State of Oregon. Any claim, action, suit, or proceeding that arise from or
relate to this Agreement shall be brought and conducted solely and exclusively within
the Circuit Court for the County of Clackamas. The prevailing party in any dispute
shall be entitled to such reasonable attorneys' fees as a trial court may award,
including those attributed to any appeal.
16. Relationship: The County and the City have no relationship other than that set out in
this Agreement and other agreements. The County and the City are independent
of each other. The County and the City are not in an agency relationship. The
County has no control over the work done by the City or the manner in which it is
performed. Neither the County, nor the City, or their officers, employees, or agents,
may participate in each other's pension plan, insurance, bonus, or similar benefits or
programs.
17. Entire Agreement: The Agreement and its attached exhibit constitute the entire
agreement between the parties.
18. Severability: If any one or more of the provisions contained in this Agreement shall
be invalid, illegal, or unenforceable in any respect, the validity, legality, and
enforceability of its remaining provisions shall not in any way be effected or
impaired.
19. Authorized Representatives: By signature below, the County and the City certify
that the individuals listed in this document as representatives are authorized to actin
their respective areas for the matters related in this Agreement.
20. Counterparts: This Agreement may be executed in any number of counterparts and
by the parties on separate counterparts, any one of which shall constitute an
agreement among the parties.
IGA-Clackamas County and Lake Oswego-Stafford Rd. 4 PP 19-0012 APPENDIX G/PAGE 4 OF 7
IN WITNESS WEREOF, the parties have executed this Agreement by the dat~s set forth below.
Clackamas County City of Lake Oswego
~ J¢{ie Ha.n:un"erstad, Mayor
.JY"(;J--
Ma:f _ IO , 2001
Attested to by Clerk of the Board, Attested to by City Recorder
Approved as to Form: City Attorney
David Powell
IGA-Clackamas County and Lake Oswego-Stafford Rd. 5
PP 19-0012 APPENDIX G/PAGE 5 OF 7
j
/ /
. ' / /
··. .··.~ ... ·~o,O.· .·· ..•. ' /
. . . ... . ' ~ . ~~· . . _/' /
... ·: .·:;·:,.·.~: · .. _. -----~-~--~ /
~~·-----~-OVERLOOK DRIVE ,----~-~·~-----1 ~--.,.;:.:·~.~--:-......--....----·-------r---I I
· 1
0
,-r' . · : ~<ts j EXHIBIT "A" :
I . · \J --J----~-------.~·--1 1
~---r----------·--·-----j-:-·~:: i I .. -I~ I
I jJ:ff/ .I
J
. :;,;..;;..-. 1 I _tf.-::3;' END mt.E MARIXR 6.54 I
-l ~ ----------------~ I ~v·Y:"
l-
1 !Jft
1 j$J
I J
r-~~------------
1
I
I
I
--. ~ -~--~ .............. ---· ~-----=-------_---.---
LEGEND
0/)9§)1 TRANSFERRED ROAD
. · . MAINTENANCE.. AR.EA
113,712.0 Sq Fl. STAFFORD ROAD AREA
25.53S.O Sq ft. ROSEMONT KOAD &
A TI1ERTON DRIVE AREA
1.572.0 STAfFORD ROAD LENGTH
262.0 ROSE:MONT ROAD L.ENGTti
23UJ ATHERTON DR!\1£ ~ f='NGTH L-1 KT"S.
I L __
I
I
t
I
I
BEGJN YILE ·~ 0.00
i
Mi\INIENANCE iRANSFER
TO THE ClTY OF LN<E OS't\IEGD
STAFfORD ~OAD &:. ROSt.!.fPN1 ROAO
~~'-$ cCUitr. mt(;i)tt
·CLACKAMAS ·1-=~~----~----1
.c:'l).iliiTY . ' ..... .
0£P.AttlY.ENT. Of
iRAtoiS?OR1AT10N
AND · OE;\iti.Pf'ME:NT
t..OCAlEo JN Sf:CriiJt{ 15, ~-~, R1E:..
a..AC'r.AMAS cOUN1Yr OREGON. iU.L
;Ill,'<[
l02-12-{}7
PP 19-0012 APPENDIX G/PAGE 6 OF 7
Being all of those portions of Stafford Road, Rosemont Road, and Atherton Drive in the
SE quarter of Section 16, Township 2 South, Range 1 East, Willamette Meridian,
Clackamas County, Oregon, as shown on attached Exhibit ·'"'B" and described as follows:
Stafford Road: Beginning at a point on the centerline of Stafford Road that is 374 feet
south of the centerline intersection of Stafford Road with the centerline of Rosemont
Road;
Thence; northerly 1,572 feet, more or less to the city limits of Lake Osewgo, which is
5 80 feet southerly of Overlook Drive.
Rosemont Road: Beginning at centerline intersection of Stafford Road with the
centerline of Rosemont Road;
Thence; easterly 263 feet, more or less.
Atherton Drive: Beginning at centerline intersection of Stafford Road with the centerline
of Rosemont Road;
Thence; westerly 230 feet, more or less to the city limits of Lake Osewgo.
Stafford Road Area: 113,712 Sq. Ft. more or less
Rosemont Roa~ and Atherton Drive Area: 25,535 Sq. Ft. more or less
PP 19-0012 APPENDIX G/PAGE 7 OF 7
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Page 1 – FINDINGS & CONCLUSIONS (PP 19-0012)
BEFORE THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO A REQUEST FOR APPROVAL OF A CONCEPT PLAN TO SUPPORT AN APPLICATION FROM THE CITY OF LAKE OSWEGO TO METRO TO ADD LUSCHER FARM TO THE PORTLAND METRO URBAN GROWTH BOUNDARY
PP 19-0012 (CITY OF LAKE OSWEGO) FINDINGS & CONCLUSIONS
NATURE OF PROCEEDINGS
This matter came before the Lake Oswego City Council on the recommendation of the
Planning Commission to approve the Luscher Farm Concept Plan to support an application for
an amendment of the Metro Urban Growth Boundary to include approximately 83.3 acres of
City-owned parks and open space properties consisting of Luscher Farm and adjacent parcels.
[PP 19-0012].
HEARINGS
The Planning Commission held a public hearing and considered this application at its
meeting of January 27, 2020. The Commission adopted findings, conclusions and an order
recommending approval of the Concept Plan on February 10, 2020. The City Council held a
public hearing to consider the Planning Commission’s recommendation on March 3, 2020.
CRITERIA AND STANDARDS
A. City of Lake Oswego Comprehensive Plan:
Land Use Planning Policies D-1 Community Culture Civic Engagement Policies 1-5, 8-9 Historic Preservation Policy 1 Recreation Policies 1, 4-6 Inspiring Spaces and Places Goal 1, Policies 1, 2, 6 and 9 Community Health and Public Safety Access to Local Food, Policy 2 Urbanization A. Urban Service Boundary and UGB Policies A-1 through A-6 B. Stafford Basin Policies B-1 through B-3 Healthy Ecosystems Goal 5 Resources, Policies 2, 6, and 11
Attachment 2 to Resolution 20-07
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Page 2 – FINDINGS & CONCLUSIONS (PP 19-0012)
/ / / / B. City of Lake Oswego Community Development Code: LOC 50.07.003.16.a Legislative Decisions Defined LOC 50.07.003.16.c Required Notice to DLCD LOC 50.07.003.16.d Planning Commission Recommendation Required LOC 50.07.003.16.e City Council Review and Decision C. Metro Functional Plan MC 3.07.1110 Planning for Areas Designated Urban Reserve FINDINGS AND REASONS
The City Council incorporates the staff reports dated January 15, 2020 and January 23,
2020 (with all exhibits), the February 20, 2020 Council Report (with all exhibits) and the findings
and conclusions of the Planning Commission as support for its decision, supplemented by the
further findings and conclusions below. In the event of any inconsistency between the City
Council’s supplemental findings and the incorporated matters, the supplemental findings
control.
Following are the supplemental findings and conclusions of this Council:
The City Council received written testimony citing “Goal 8: Parks and Recreation” and
quoting language calling for developing parks that do not generate traffic exceeding design
capacity of adjacent streets at off peak hours and, where feasible, not utilizing local residential
streets to accommodate traffic generated by intensive uses. The testimony cited the same Goal
as calling for parks, where possible, to be accessible by a variety of transportation modes. The
cited language comes from former Policy 8 of Goal 8 of the 1994 Lake Oswego Comprehensive
Plan. This language is not included in the City’s current 2013 Comprehensive Plan. It is not
criteria for approval of a Concept Plan.
Policy 4 of the Recreation Section of the Community Culture Chapter of the current
Comprehensive Plan calls for involving neighborhoods and adjacent property owners in the
planning and design of park and recreation facilities to address compatibility issues and to
mitigate impacts of intensive uses, such as traffic, on residential neighborhoods. This will
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Page 3 – FINDINGS & CONCLUSIONS (PP 19-0012)
happen through the development review process, under which the City will be required to
mitigate impacts of proposed development. Further, the Concept Plan is based upon the
Luscher Area Master Plan and the Parks Plan 2025, each of which were founded on extensive
citizen input and involvement. As stated in the proposed Concept Plan, providing safe access to
and within the site for all modes of transportation was a major guiding principle in terms of the
general site design.
The same submittal also cited Metro Code Section “3.07.1425,” as requiring a report on
the effect of the proposed urban growth boundary amendment on existing residential
neighborhoods addressing traffic patterns, congestions, commute times and air quality, as well
as the costs to existing residents of providing needed public facilities and services. This
language appears in current MC 3.07.1420(d) and applies only to reports required for Metro
Council hearings on legislative Urban Growth Boundary (UGB) amendments exceeding 100
acres. Like the cited former Comprehensive Plan policy, this code section does not apply to
Concept Plans. Further, it is not a Metro Council hearing requirement for major, as opposed to
legislative, UGB amendments.
The City Council also received written testimony that the potential use of the Firlane
Farm House as an Urban Ag/Environmental Education Center for programming and classes, or
for Community Supported Agriculture (CSA) could violate the deed restrictions on the property
that prohibit use of the property “for any commercial purpose or for construction of a school.”
The entire relevant deed paragraph reads:
The use of the Property by Grantee or any successor shall be restricted, in perpetuity, to open space, recreational, instructional, and similar purposes for the benefit to the general public as a whole. Without limiting the generality of the foregoing restriction, the Property shall not in any event by used for any commercial purpose or for construction of a school. The general public need not have actual access to the Property. (Emphases added.)
Instructional activities for the benefit of the public are specifically contemplated, and
expressly allowed, by the deed. This would include the type of environmental and agricultural
instruction proposed for the existing Firlane Farm House or a replacement structure, and which
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Page 4 – FINDINGS & CONCLUSIONS (PP 19-0012)
would relate to the Luscher-area experience. Read in context, “construction of a school” clearly
means something beyond that, such as a general education facility. Further, establishing fees
for parks and recreation activities does not convert the programs of the municipal, non-profit
Parks Department, or its activities, into a commercial enterprise, or convert Parks Department
classes into “a school.” In any event, analysis of deed restrictions is not among the criteria for
Concept Plans, although the city will need to avoid any activities on the property that could be
considered to convert the property’s use to a commercial purpose.
CONCLUSION
The City Council concludes that the proposed Luscher Farm Concept Plan [PP 19-0012]
complies with all applicable criteria and should be approved. The Council also concludes that
proposed Resolution 20-07 approving the Plan should be adopted.