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Subject: Ordinance 2844 Annexing the property at 16317 Bonaire Avenue (AN 20-0001)
Report Date: April 8, 2020 Staff Member: Paul Espe, Associate Planner
Meeting Date: April 21, 2020 Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments: This annexation is being processed under
❑ Council Direction an expedited review provided under Metro Code
❑X Consent Agenda 3.09.045.
Staff Recommendation: Enact Ordinance 2844
Recommended Language for Motion: Move to enact Ordinance 2844
Project/Issue Relates To:
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable
EXECUTIVE SUMMARY/BACKGROUND
The proposed annexation is owner-initiated and will result in the addition of approximately 0.23 acres of
residential land to the City. This annexation is being processed as an expedited review provided under
Metro Code 3.09.045. This Council report describes the reasons for the annexation and provides basic
background information. The approval criteria and findings in support of this annexation are included in
Attachment B of Exhibit A-1.
Owner/Applicant: Eugene Labunsky/ Darrell Doust
Location/Size: The subject property consists of 0.23 acres (10,000 square feet) and is located on the west
side of Bonaire Avenue.
Existing Land Use: The subject property consists of one tax lot (Tax Lot 02800). Tax Lot 02800 is occupied
by a single-family dwelling that takes access from Bonaire Avenue.
Neighborhood: The property is located within the Lake Forest Neighborhood.
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
Page 2
Purpose of Annexation: The property owner's J 16266 16225 �bZ24
applicant initiated the annexation to connect to City
16232
sewer service and develop the property.
16233
16310
R-7.5
DISCUSSION 16291 16284
Plan and Zone Designation: The subject property is
16344 C"
currently under Clackamas County's jurisdiction and / Ca)
zoned Low Density Residential R-8.5. It is designated R- 16350 16373
7.5, Low DensityResidential on the Cityof Lake Oswego sw Madrona si
g �
Comprehensive Plan Map and will be zoned R-7.5 upon 16405 m 16410
annexation. 16410 � C
16429 16428
Development Potential: This is a 0.23 acre parcel. Tax
Lot 02800 is occupied by a single-family dwelling. Based 16446 16441 16444
on the total size and shape of the parcel, it could not be
further divided. 16494 16475 �r-,a79
Sensitive Lands: There are no Sensitive Lands designated on the property.
Statewide Goal 10 and Complete Neighborhoods and Housing
Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing Goal in the City
Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed housing units, the
efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the
development process to help reduce housing costs.
Staff has provided findings (Exhibit A-1, Attachment B) that the proposed annexation and designation of
City R-7.5 zoning are consistent with the Comprehensive Plan, which anticipates the City eventually
annexing all of the unincorporated lands that exist within the USB. The proposal has no effect on the City's
Buildable Lands Inventory or Housing Needs Analysis and therefore complies with Goal 10.
Sewer and Water Service: Sanitary sewer service is available from an eight-inch City of Lake Oswego
collection line in Bonaire Avenue.This collection line was recently constructed as a part of two land
partitions (LU 17-0059 and LU 17-0060). The sanitary line that was constructed to serve these two
partitions can be extended to provide sanitary sewer service to this site. The existing septic tank on the
property supporting the single-family dwelling will need to be decommissioned per DEQ standards if the
single-family dwelling connects to the City collection line.
Water is available from a six-inch Lake Grove Water District (LGWD) line in Bonaire Avenue along the site
frontage. This property will remain in the LGWD and will continue to be a LGWD customer.The nearest
existing fire hydrant is located approximately 75 feet south of the site at the southeast corner of the
intersection of Bonaire Ave and Madrona Street.
Service Districts: Upon annexation, this property will, by operation of ORS 222.520, be withdrawn from
the Lake Grove Fire District #57,The Surface Water Management Agency of Clackamas County and the
Clackamas County Enhanced Sheriff's Patrol District but will remain in the Lake Grove Park District,the
Library District of Clackamas County and the Lake Grove Water District.
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
Page 3
Transportation: Bonaire Avenue is a two lane local city street within a 40 foot right-of-way, however it will
remain under the maintenance jurisdiction and permitting authority of Clackamas County until transferred
to the City of Lake Oswego. The Tri Met Bus line 37, which operates between the Tualatin Park and Ride
and downtown Lake Oswego, provides the closest bus service to the property. Service can be accessed at
the intersection of Boones Ferry Road and Washington Court.
The draft findings provided in Attachment B of Exhibit A-1 conclude that the proposed annexation complies
with all applicable State statutes and Metro code requirements.
FISCAL IMPACT
The estimated assessed value of the property is $179,329. The estimated tax revenue after this lot is
annexed is $464.
RECOMMENDATION
Approve AN 20-0001 (Ordinance 2844).
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2844 (Draft 04/08/20)
Attachment A: Map of Proposed Annexation, 02/24/20
Attachment B: Criteria, Findings, Conclusion and Effective Date, 04/08/20
B. Minutes
None
C. Staff Reports
None
D. Graphics/Plans
None
E. Written Materials
E-1 Buildable Lands Inventory (2013 Comprehensive Plan, Economic Opportunities Analysis,
excerpt), 03/18/13
E-2 Housing Needs Analysis (2013 Comprehensive Plan, excerpt), 03/19/13
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
DRAFT: 04/08/20
ORDINANCE 2844
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.23
ACRES AT 16317 BONAIRE AVENUE; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT
TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 20-
0001).
WHEREAS, annexation of the territory to the City of Lake Oswego shown in the map in
Attachment "A" and described below, would constitute a contiguous boundary change under
ORS 222.111, initiated by petition from the property owners as outlined in ORS 222.111(2); and,
WHEREAS, the City has received consent for the proposed annexation from all of the property
owners and not less than 50 percent of the electors residing in the territory as outlined in ORS
222.125; and,
WHEREAS, the part of the territory that lies within the Lake Grove Fire District #57 will, by
operation of ORS 222.520, be withdrawn from that district immediately upon approval of the
annexation; and,
WHEREAS, the part of the territory that lies within the Clackamas County Enhanced Sheriff's
Patrol District will, by operation of ORS 222.520, be withdrawn from the district upon approval
of the annexation; and,
WHEREAS, the part of the territory that lies within the Surface Water Management Agency of
Clackamas County will by operation of ORS 222.520 be withdrawn from that agency
immediately upon approval of the annexation; and,
WHEREAS, LOC 50.01.004.5 specifies that, where the Comprehensive Plan Map requires a
specific Zoning Map designation to be placed on the territory annexed to the City, such a zoning
designation shall automatically be imposed on the territory as of the effective date of the
annexation; and,
WHEREAS, this annexation is consistent with the Urbanization Chapter of the City of Lake
Oswego's acknowledged Comprehensive Plan, Oregon Revised Statutes 222.111(2) and 222.125
for boundary changes, and Metro Code Sections 3.09.040(a)(1-4) and 3.09.045.
Now, therefore, the City of Lake Oswego ordains as follows:
Section 1. The real property described as follows is hereby annexed to the City of Lake
Oswego:
A tract of land located within the southeast quarter of Section 7,Township 2 South, Range 1
East of the Willamette Meridian, Clackamas County, Oregon, said tract being a part of Lot 219,
Map of Bryant Acres Plat 3 (Plat No. 442), said tract being a portion of that property conveyed
to West Coast Home Solutions, LLC, an Oregon limited liability company, by Personal
Ordinance 2844,AN 20-0001
(21E07DCO2800) EXHIBIT A-1/PAGE 1 OF 3
DRAFT: 04/08/20
Representative's Deed recorded November 8, 2019 in the Official Records of Clackamas County,
as Recording No. 2019-071008; said tract of land more particularly described as follows:
Commencing at the northwest corner of said Lot 219;
Thence South 89°35' East along the north line of said Lot 219, 140.00 feet to the True Point of
Beginning;
Thence continuing along said north line, South 89°35' East, 140.00 feet to the westerly right of
way of Bonaire Avenue (Bonita Drive as per said Map of Bryant Acres Plat 3);
Thence leaving said north line, South 0°16' East along said right of way, 72.50 feet;
Thence leaving said right of way, North 89°35' West, parallel with the said north line of Lot 219,
140.00 feet;
Thence leaving said parallel line, North 0°16' West, parallel with the westerly line of said Lot
219, 72.50 feet to the True Point of Beginning.
Bearings are based on said Map of Bryant Acres Plat 3 (Plat No. 442).
The annexed territory is depicted on Attachment A.
Section 2. The annexed area lies within the following districts and shall be retained within
these districts upon the effective date of annexation:
Library District of Clackamas County
Lake Grove Park District
Lake Grove Water District
Section 3. The annexed area lies within the following districts and shall be withdrawn from
these districts upon the effective date of annexation:
Lake Grove Fire District#57
Clackamas County Enhanced Sheriff's Patrol District
Surface Water Management Agency of Clackamas County
Section 4. In accordance with LOC 50.01.004.5, the City zoning designation of R-7.5 shall be
applied to the subject property on the effective date of annexation, as shown on Attachment A.
Section 5. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Section 6. Effective Dates:
a. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 35.C, this ordinance shall be effective on the 30th day after its enactment.
b. Effective Date of Annexation. Following the filing of the annexation records with
the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the
later of either:
1. the 30th day following the date of adoption of this ordinance; or
Ordinance 2844,AN 20-0001
(21E07DCO2800) EXHIBIT A-1/PAGE 2 OF 3
DRAFT: 04/08/20
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
or other municipal corporation involved in the area to be annexed, the annexation shall
become effective on the day after the election.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on day of , 2020.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Kent Studebaker, Mayor
Dated
ATTEST:
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
David Powell, City Attorney
Ordinance 2844,AN 20-0001
(21E07DCO2800) EXHIBIT A-1/PAGE 3 OF 3
J
16" Annexation to the City of Lake Oswego
AN 20-0001/Ordinance 2844
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16429 � 16428
16446 16441 16444
16494 16475 16472
Itr Attachment A , pFo4
Tax Lot ID: 21 E1 07DCO2800 ' �
. A4i.IIII
% 13 City of Lake Oswego:
COMPREHENSIVE PLAN = R-7.5, Residential
iP5de—".*AIAIPjll ZONING = R-7.5, Residential
t Clackamas County: N
��_ ZONING = R-8.5, Residential
1b i523 Lake Oswego Subject
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4► ———— 0 40 80 120 160 200
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2/24/2020
April 8, 2020
ATTACHMENT B
Criteria, Findings, Conclusion, and Effective Date
APPLICABLE CRITERIA:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2) -Annexation of Contiguous Territory, Authority and Procedure for
Annexation, Generally.
2. ORS 222.125 - Annexation by consent of all owners of land and the majority of electors.
B. Metro Code.
1. 3.09.040(a)(1-4) Minimum Requirements for Petitions.
2. 3.09.045 (A-E) Expedited Decisions.
C. Comprehensive Plan - Urbanization Chapter
1. Policy A-3: "The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is
the area within which the City shall be the eventual provider of the full range of urban
services."
2. Policy C-3: "Ensure that annexation of new territory or expansion of Lake Oswego's Urban
Services Boundary does not detract from the City's ability to provide services to existing City
Residents."
3. Policy C-4: "Prior to the annexation of non-island properties, ensure urban services are
available and adequate to serve this lot or will be made available in a timely manner by the
City or a developer commensurate with the scale of the proposed development."
D. Comprehensive Plan —Complete Neighborhoods and Housing (Statewide Goal 10)
Policy B-1: "Provide and maintain zoning and development regulation that allow the opportunity to
develop an adequate supply and variety of housing types, and that accommodate the needs
of existing and future Lake Oswego Residents."
E. OAR 660-008-0010 Allocation of Buildable Land
FINDINGS:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2)Annexation of Contiguous Territory, Authority and Procedure for Annexation,
Generally.
ORS 222.111(2) provides that a proposal for annexation of territory to a City may be initiated by the
legislative body of the City, on its own motion, or by a petition to the legislative body of the City by
owners of real property in the territory to be annexed. The property owner and the applicant have
petitioned the City for this annexation. The proposed annexation complies with this statute.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 1 OF 9
April 8, 2020
2. ORS 222.125 -Annexation by consent of all owners of land and the majority of electors.
ORS 222.125 states that an election need not be held on the question of annexation within the
area proposed to be annexed if all of the owners of land in the territory and not less than 50
percent of the electors, if any, residing in the territory consent in writing to the annexation. The
property owner has consented to the annexation. There are no electors residing on this property.
The proposed annexation complies with this statute.
B. Metro Code
1. 3.09.040 - Requirements for Petitions.
(A) A petition for a boundary change must contain the following information:
1) The jurisdiction of the reviewing entity to act on the petition;
2) A map and a legal description of the affected territory in the form prescribed by
the reviewing entity;
3) For minor boundary changes, the names and mailing addresses of all persons
owning property and all electors within the affected territory as shown in the
records of the tax assessor and county clerk; and,
4) For boundary changes under ORS 198.855 (3), 198.857, 222.125 or 222.170,
statements of consent to the annexation signed by the requisite number of owners
or electors.
The above information was submitted as required by Metro Code. The property owner and
applicant have signed the application and petition. A map and legal description in the form required
by the City have been included in the application materials and are on file. The owner has
consented to the annexation on the annexation petition, meeting the consent requirements of ORS
222.125. The annexation petition complies with the Metro code requirements.
2. 3.09.045— Expedited Decisions
A. The governing body of a city or Metro may use the process set forth in this section for
minor boundary changes for which the petition is accompanied by the written consents
of one hundred percent of property owners and at least fifty percent of the electors, if
any, within the affected territory. No public hearing is required.
B. The expedited process must provide for a minimum of 20 days' notice prior to the date
set for decision to all necessary parties and other persons entitled to notice by the laws
of the city or Metro. The notice shall state that the petition is subject to the expedited
process unless a necessary party gives written notice of its objection to the boundary
change.
C. At least seven days prior to the date of decision the city or Metro shall make available to
the public a report that includes the following information:
1. The extent to which urban services are available to serve the affected territory,
including any extra-territorial extensions of service;
2. Whether the proposed boundary change will result in the withdrawal of the
affected territory from the legal boundary of any necessary party; and
3. The proposed effective date of the boundary change.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 2 OF 9
April 8, 2020
Metro Code 3.09.045 A. states that an expedited review of an annexation, where no public hearing
is required, can be considered by a governing body within the area proposed to be annexed if one
hundred percent of the property owners and not less than 50 percent of the electors, if any,
residing in the territory consent in writing to the annexation. The property owner has signed the
annexation application and petition. There are no electors residing on this property. The proposed
annexation complies with this statute.
Metro Code 3.09.045 B. requires a minimum of 20 days' notice to all necessary parties prior to the
decision date. The County, Metro and local service districts are the necessary parties under the
Metro Code 3.09.020 J. and all have been notified on March 18, 2020, 20 days before the scheduled
decision date. This standard has been met.
Metro Code 3.09.045 C. requires that the report discussing availability of urban services, withdrawal
of the affected territory and the proposed effective date of the boundary change be made available
at least seven days prior to the date of decision. The annexation report has been prepared and
made available on March 18, 2020, more than seven days prior to the public meeting.
The proposed annexation complies with the Metro Code 3.09.045 A, B and C.
D. To approve a boundary change through the expedited process the City shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065
The City has entered into ORS 195.065 agreements with: 1) Lake Oswego School District, 2)
Lake Grove Fire District and 3) Clackamas County (for roadways).
Lake Oswego School District: The City and the Lake Oswego School District entered into an
ORS 195.065 urban service agreement for park services in July, 2003. The School District
operates the Lake Grove Swim Park located at 3800 Lakeview Boulevard. The agreement
states that the annexation of property by the City within the Lake Grove Park District (which
funds the swim park) shall not cause the withdrawal of the property from the district.
Lake Grove Fire District#57: The City and District entered into an ORS 195.065 urban service
agreement for fire protection in July, 2003. The agreement states that upon annexation of
property within the district by the City, the annexed property shall be withdrawn from the
District and the City shall provide fire protection services.
b. Any applicable annexation plan adopted pursuant to ORS 195.205.
There are no applicable annexation plans adopted pursuant to ORS 195.205 relating to the
affected territory.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party.
There are no ORS 195.020(2) cooperative agreements (which relate to special districts)
between the city and a necessary party.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 3 OF 9
April 8, 2020
d. Any applicable public facility plan adopted pursuant to a statewide planning
goal on public facilities and services.
Consistent with Statewide Planning Goal 11 (Public Facilities) and the Community Health
and Public Safety Chapter of the Comprehensive Plan, the City maintains a Public Facilities
Plan (PFP). The PFP consists of master plans for streets, sanitary sewer, water, and storm
water facilities, which provide the basis for long-range planning for both the incorporated
and unincorporated lands within Lake Oswego's Urban Services Boundary. The PFP is
comprised of the Lake Oswego Transportation System Plan, Wastewater Master Plan, Water
System Master Plan, and Clean Streams (Storm Water) Plan, pursuant to Statewide Planning
Goals 11 (Public Facilities) and 12 (Transportation).
Waste Water Master Plan: Sanitary sewer service is available from an eight-inch City of Lake
Oswego collection line in Bonaire Avenue. This sanitary line was recently constructed as a
part of two land partitions (LU 17-0059 and LU 17-0060). The sanitary line that was
constructed to serve these two partitions can be extended to provide sanitary sewer service
to this site. The Engineering staff notes this sewer main is currently in the final stages of
construction and has not been formally accepted by the City, but the one-year maintenance
warranty period is anticipated to begin soon after the construction is complete.
The developer of these partition sites intends to file an application to form a sanitary sewer
Zone of Benefit (ZOB) per LOC 40.04, which will establish a means through which the LID
applicant can recover a pro-rata share of the cost of sewer construction when other
properties connect to this sewer extension. This site will be located within the boundary of
the Zone of Benefit (ZOB); therefore, the ZOB will need to be finalized before a connection
permit can be issued. The existing septic tank on the property supporting the single-family
dwelling will need to be decommissioned per DEQ standards if the single-family dwelling
connects to the City collection line.
Water System Master Plan: Water is available from a six-inch Lake Grove Water District
(LGWD) line in Bonaire Avenue along the site frontage. This property will remain in the
LGWD and will continue to be a LGWD customer. Future extension of water lines, if needed
to serve development, will be constructed and maintained in accordance with the City's
Water System Master Plan and LGWD standards. The nearest existing fire hydrant is located
approximately 75 feet south of the site at the southeast corner of the intersection of
Bonaire Ave and Madrona Street.
The City and the district agreed to construct an interconnection between the two water
systems and that the City will furnish and sell surplus water to the District under certain
conditions and set rates for district purchase of City water. The City Council also adopted a
resolution in 1994 (Resolution 94-22) indicating the City would not withdraw this property
from the district upon annexation. The territory will not be withdrawn from the district
upon annexation.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 4 OF 9
April 8, 2020
Clean Streams (Storm Water) Plan: After annexation, on-site surface water management will
fall under various provisions of the Lake Oswego Code. It does not appear that any new
impervious surfaces will be proposed as part of this annexation. Any new and/or replaced
impervious surface areas will be required to be managed on site with the future
development on the site. The Clean Streams (Storm Water) Plan does not identify any
future projects for this section of Bonaire Avenue.
Transportation (Statewide Planning Goal 12): The City's Transportation System Plan
implements the multi-modal transportation system that will meet the needs of the city for a
20 year planning horizon. Bonaire Avenue is a two lane local city street within a 40 foot
right-of-way, however it will remain under the maintenance jurisdiction and permitting
authority of Clackamas County until transferred to the City of Lake Oswego. The Tri Met Bus
line 37, which operates between the Tualatin Park and Ride and downtown Lake Oswego,
provides the closest bus service to the property. Service can be accessed at the intersection
of Boones Ferry Road and Washington Court. Annexation and future development of this
property will be consistent with future roadway improvements identified in this plan.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: This property is currently designated R-8.5, Low Density
Residential on Clackamas County's Comprehensive Plan and Zoning Maps. It is designated
Low Density Residential, R-7.5 on the City's Comprehensive Plan Map. Upon annexation, a
City zoning designation of R-7.5 will be applied to this property.
The City and County have coordinated their comprehensive plans within the Dual Interest
Area outlined in the City/County Urban Growth Management Agreement (dated February 4,
1992 and updated November 18, 1997), hence the City/County designations have been
determined to be compatible. The proposed zoning designation of R-7.5 is consistent with
Urban Growth Management Agreement between the County and the City.
Comprehensive Plan Policies: The Lake Oswego Comprehensive Plan contains the following
relevant language in the Urbanization chapter:
Policy A-3: "The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is
the area within which the City shall be the eventual provider of the full range of urban
services." The property to be annexed is within the City's Urban Services Boundary.
Therefore, the proposed annexation and the withdrawal of this property from the identified
districts is consistent with this policy.
Policy C-3: "Ensure that annexation of new territory or expansion of Lake Oswego's Urban
Services Boundary does not detract from the City's ability to provide services to existing City
residents."
The approval of this annexation will result in the addition of 0.23 acres to be served by the
City. As stated in Section 2(b)(1), the addition of this territory will not detract from the
City's ability to provide police and fire protection to existing City residents.
Annexation of this property will not affect the City's ability to provide parks and recreation
services, sewer or water services.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 5 OF 9
April 8, 2020
Policy C-4: "Prior to the annexation of non-island properties, ensure urban services are
available and adequate to serve the property or will be made available in a timely manner
by the City or a developer commensurate with the scale of the proposed development."
Availability of urban services serving this property is discussed below:
Water: Water is available to serve the subject area, as detailed in subsection D.1.d.
Sewer: Sanitary sewer service is available to serve the subject area, as detailed in subsection
D.1.d.
Storm water: As detailed in subsection D.1.d, future development will be required to comply
with the City standards for storm water management.
Fire Protection: Lake Grove Fire District#57 provides fire protection services to this
property by agreement with the City of Lake Oswego. Upon annexation, this property will be
withdrawn from this fire district and served directly by the City. The Fire station on 4555
Jean Road, located southeast of the site, would be able to respond to emergencies under
the eight minute goal established in the Comprehensive Plan.
Police: Upon annexation, this property will be withdrawn from the Clackamas County
Enhanced Sheriff's Patrol District and served by the City of Lake Oswego. The Lake Oswego
Police Department reviewed the proposal and indicated that it does not have any concerns
with serving this property upon annexation.
Parks and Open Space: The City has 629 acres of park and open space lands, or 14.6 acres
per 1,000 population. The parks nearest to this property are Waluga Park East, Waluga Park
West and Lamont Springs Natural Area. Waluga Park East and West are located north of
Oakridge Road and East and West of Waluga Drive. These two parks consist of 53 acres of
active and natural passive areas. West Waluga Park includes two lighted baseball fields, a
playground picnic shelters, lights and restrooms. Lamont Springs is a natural park with no
amenities for organized recreational activities. The City's park system will not be
overburdened by any additional population annexed to the City with this application.
Lake Grove Park District: The Lake Grove Swim Park, managed by the Lake Oswego School
District, and funded by the Lake Grove Park District, is located at 3800 Lakeview Boulevard.
The swim park is approximately 1.3 acres in size with restroom, play and swim facilities. This
property will remain within the Lake Grove Park District following annexation.
Transportation - Streets and Mass Transit: Transportation infrastructure and transit service is
available to serve the subject area, as detailed in subsection D.1.d.
Other Urban Services: Community Development Code Section 50.06.008.3 requires that all
development be provided with the following utility services: sanitary sewer, water,
sidewalks, pedestrian and bicycle paths, traffic control signs and devices, street lights,
streets, and TV cable. These utilities are now in place or can be put in place to serve this
property.
In the event that future development occurs, an applicant for development is obligated to
construct all necessary public facilities to serve their development.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 6 OF 9
April 8, 2020
Statewide Goal 10 Housing
City Comprehensive Plan Complete Neighborhoods and Housing Chapter
Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing Goal in the City
Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed
housing units, the efficient use of buildable land within urban growth boundaries, and
implementation measures that promote certainty in the development process to help
reduce housing costs.
The following Oregon Administrative Rules (OARs) provide standards for compliance with
Goal 10 "Housing" pursuant to ORS 197.296 (Buildable Lands) and ORS 197.303 through
197.307 (Needed Housing):
OAR 660-008-0010 Allocation of Buildable Land
The mix and density of needed housing is determined in the housing needs projection.
Sufficient buildable land shall be designated on the comprehensive plan map to satisfy
housing needs by type and density range as determined in the housing needs projection. The
local buildable lands inventory must document the amount of buildable land in each
residential plan designation.
The Lake Oswego Buildable Lands Inventory and Housing Needs Analysis (HNA, 2013) was
adopted as an Appendix to the Lake Oswego Comprehensive Plan in 2014. The HNA is for
both the incorporated area of Lake Oswego (City) and unincorporated areas within Lake
Oswego's Urban Services Boundary (USB). Staff finds that the proposed annexation and
designation of City R-7.5 zoning are consistent with the Comprehensive Plan, which
anticipates the City eventually annexing all of the unincorporated lands that exist within the
USB. The proposal has no effect on the City's Buildable Lands Inventory or Housing Needs
Analysis and therefore complies with Goal 10.
Urban Growth Management Agreement
General Urbanization Policy 4.A.4 of the Clackamas County Comprehensive Plan calls for the
establishment of Urban Growth Management Areas and Urban Growth Management
Agreements to clarify planning responsibilities between the County and cities for areas of
mutual interest. Policy 4.A.5 directs the County to establish agreements with cities and
service districts to clarify service and infrastructure responsibilities for areas of mutual
interest.
Similarly, the Lake Oswego Comprehensive Plan, Urbanization Chapter, Policy D-3, calls for
entering into and maintaining an Urban Growth Management Agreement (UGMA) with
Clackamas County for lands within the Urban Services Boundary. In furtherance of these
policies, the City and County have entered into an Urban Growth Management Agreement
that stipulates a mutual interest in coordinated land use planning, compatible
comprehensive plans and provision of urban services and facilities.
This agreement ensures coordination and consistency between the City and County
comprehensive plans and outlines responsibilities in providing services and managing
growth within the Dual Interest Area. Subsections 6 and 7, provided below, are applicable to
annexations.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 7 OF 9
April 8, 2020
"6C. City and County Notice and Coordination:
The City shall provide notification to the County, and an opportunity to participate,
review and comment, at least 35 days prior to the first public hearing on all proposed
public facilities plans, legislative changes to the City Comprehensive Plan, or quasi-
judicial land use actions adjacent to, or in close proximity to unincorporated areas.
The City shall provide notice to the County of private or City initiated annexation
requests within five days of the filing of an application with the Portland
Metropolitan Boundary Commission."
The Urban Growth Management Agreement specifies that the City notify the County of an
annexation request within five days of when it is submitted to the Boundary Commission.
There is no longer a Boundary Commission for the Portland Metropolitan area.
Staff relies on the notice requirements of Metro Code 3.09.045b, which requires notice 20
days prior to the annexation decision for all necessary parties (other governmental entities).
The notice shall state that the petition is subject to the expedited process unless a necessary
party gives written notice of its objection to the boundary change. The County is a
necessary party under the Metro Code definition and was notified on March 18, 2020, 20
days before public hearing.
"7. City Annexations
A. The City may undertake annexations in the manner provided for by law within
the Dual Interest Area. The City annexation proposals shall include adjacent
road right-of-way to property proposed for annexation. The County shall not
oppose such annexations.
B. Upon annexation, the City shall assume jurisdiction of the County roads and
local access roads pursuant to a separate road transfer agreement between
the City and county."
The City is undertaking this annexation in the manner provided for in the applicable
provisions of State Law and Metro Code for the territories that lie within the Dual Interest
Area. This annexation is consistent with the City and County comprehensive plans which
have been coordinated in the Dual Interest Area within the regional Urban Growth Boundary
(UGB). The right-of-way east of this property is within the City Boundary but under the
maintenance jurisdiction of Clackamas County.
f. Any applicable concept plan
There are no applicable concept plans in this area.
2. Consider whether the boundary change would
a. Promote the timely orderly and economic provision of public facilities and services
b. Affect the quality and quantity of urban services
c. Eliminate or avoid unnecessary duplication of facilities or services
The proximity of this property to existing City services will allow this annexation to promote
the timely, orderly and economical extension of public facilities and services. This property
can readily be served with urban services and facilities.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 8 OF 9
April 8, 2020
If and when additional development occurs in the area, provision of public facilities and
services will occur consistent with the City's adopted public facility master plans, ensuring
that it does not adversely affect the quality or quantity of urban services and avoiding
unnecessary duplication of facilities or services. Therefore, this boundary change is
consistent with criteria 2.a through 2.c.
(E) A city may not annex territory that lies outside the UGB except it may annex a lot or parcel
that lies partially within and partially outside the UGB.
The property to be annexed is located entirely within the Metro Urban Growth Boundary (UGB).
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 20-0001
complies with all applicable criteria and the annexation should be approved.
EFFECTIVE DATE:
A. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C.,
the ordinance shall be effective on the 30th day after its enactment.
B. Effective Date of Annexation. Following the filing of the annexation records with the
Secretary of State as required by ORS 222.177, this annexation shall be effective upon the later of:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State;
provided however that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or after
the deadline for filing notice of election before any other election held by any City, district or other
municipal corporation involved in the area to be annexed, the annexation shall become effective on
the day after the election.
Ordinance 2844 (AN 20-0001) ATTACHMENT B/PAGE 9 OF 9
March 2013 Update
INVENTORY OF SUITABLE SITES (LAND SUPPLY)
Consistent with the employment land demand forecast, the buildable land inventory (BLI) for the
Lake Oswego EOA documents industrial and commercial inventory that currently exists within
the Lake Oswego USB.
The BLI includes an analysis of existing vacant and partially vacant (sub-dividable) tax lots by
current zoning classification and deducted all significant environmental constraints (wetlands,
floodplains, stream corridors and slopes greater than 25%) to estimate buildable land area
within the Lake Oswego USB. The buildable land area for each tax lot was derived by analyzing
GIS data pertaining to environmental features that would constrain the amount of potential site
development on vacant and partially vacant areas. The vacant and part-vacant land inventory
includes tax lots or parcels that have at least 10,000 square feet (about 1/4 acre) of buildable
land area (net of existing developed buildings and environmental and slope constraints).
The land supply analysis focused on the land use classifications that can accommodate job
growth within the USB and does not include zones with no buildable land. As shown in Table 9,
Lake Oswego has four commercial, one institutional and one industrial zoning designation that
meet these criteria.
Table 9. Lake Oswego Employment Zone Designations
Commercial
East End General Commercial (EC)
General Commercial (GC)
West Lake Grove Office
Commercial/Neighborhood Commercial
(OC/NC)
Campus Research & Development (CR&D)
Institutional
Campus Institutional (CI)
Industrial
Industrial Park (IP)
Prepared by FCS GROUP.
The vacant and partially vacant land inventory for the Lake Oswego USB includes 12 tax lots
with a total buildable land area of 20.11 acres, as indicated in Table 10.
Table 10. Distribution of Vacant and Part Vacant Lands by Land Use Zone Classification,
Lake Oswego USB
Vacant and Part-Vacant Property
Zone 0.26 to 1 Acre 1 to 3 Acres 3 to 6 Acres > 6 Acres Total
Lots Acres Lots Acres Lots Acres Lots Acres Lots Acres
Commercial 7 2.98 2 4.63 1 4.67 10 12.3
EC 2 0.57 2 0.6
GC 4 1.89 2 4.63 6 6.5
OC/NC 1 0.52 1 0.5
CR & D 1 4.67 1 4.7
Institutional (CI) 1 6.92 1 6.92
Industrial (IP) 1 0.91 1 0.91
Total 8 3.89 2 4.63 1 4.67 1 6.92 12 20.11
Prepared by FCS GROUP.
03/18/13 Exhibit 5/Page 29
AN 20-0001 EXHIBIT E-1/PAGE 1 OF 1
March 19, 2013 Update
Table 20. Residential Dwelling Capacity and Projected Housing Demand, Lake Oswego USB, 2010 to 2035
Dwelling Unit Capacity and Demand Potential Land Need in by
0
Potential Net Buildable Land Area in Acres Forecast Year 2035
IIII
Dwelllings
Needed to
Redevel Meet Pop. Potential Potential
opment Potential Forecast& Dwelling Likely Residential
Redevel- Mixed- Dwelling Attain- Unit Residential Land
Part opment: Use Unit abiltiy Surplus by Land Need Surplus or
Land Use Vacant Vacant R Zones Zones Total Capacity Levels 2035 by 2035 (Deficit) by
Classifications (acres) (acres) (acres) (acres) Acres (dwellings) (dwellings) (dwellings) (acres) 2035(acres)
Low Density
(primarily large
lot SFD in R-7.5, 69.2 502.7 - - 571.9 1,646 783 863 272.1 299.8
R-10, R-15
zones)
Medium
Density
(primarily small 5.5 30.6 104.3 - 140.4 1,017 456 561 62.9 77.5
lot SFD in R-3,
R-5 zones)
High Density
(primarily MF in
RO, R-2, R-2.5, 2.6 5.6 22.8 80.9 111.9 2,400 2,321 79 108.2 3.7
GC, NC/RO,
OC/R3, EC, HC,
CR&D, EC/RO,
OC zones)
Total 77.3 538.9 127.1 80.9 824.2 5,063 3,560 1,503 443.3 380.9
Updated 03/19/13
cpmpiieroixe_P,`an Housing Needs Analysis EXHIBIT E-2/PAGE 1 OF 1