HomeMy WebLinkAbout2824 Effective Date: November 5, 2020
ORDINANCE 2824
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO THREE TAX LOTS CONSISTING OF
2.07 ACRES AT 16556, 16524, 16552 AND 16494 BOONES FERRY ROAD (21E07DD02300
21E07DD02400 AND 21E07DD02500) AND A PORTION OF THE BOONES FERRY ROAD RIGHT-
OF-WAY; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO LOC 50.01.004.5(a-c);
AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 19-0003).
WHEREAS, annexation to the City of Lake Oswego of the territory shown in the map in
Attachment "A" and described below, would constitute a contiguous boundary change under
ORS 222.111, initiated by petition from the property owners as outlined in ORS 222.111(2); and,
WHEREAS, the City has received consent for the proposed annexation from all of the property
owners in the territory as required by ORS 222.125, and there are no electors residing in the
territory; 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operation of ORS 222.520, be withdrawn from that district immediately upon approval of the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Patrol District will, by operation of ORS 222.520, be withdrawn from the district upon approval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Clackamas County will by operation of ORS 222.250 be withdrawn from that agency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, that 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:
PARCEL 1
PARCEL 1 OF PARTITION PLAT NO. 2020-033, CLACKAMAS COUNTY RECORDS, AND A PORTION
OF THAT TRACT OF LAND DEDICATED AS PUBLIC RIGHT-OF-WAY AS RECORDED IN FEED NO.
2018-048902, CLACKAMAS COUNTY DEED RECORDS, LOCATED IN THE SOUTHEAST ONE-
QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN,
CLACKAMAS COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARTITION PLAT NO. 2020-033, CLACKAMAS COUNTY RECORDS.
TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF THAT TRACT OF LAND DEDICATED
AS PUBLIC RIGHT-OF-WAY AS RECORDED IN FEE NO. 2018-048902:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1 OF PARTITION PLAT NO.
2020-033, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND
DEDICATED AS PUBLIC RIGHT-OF-WAY RECORDED IN FEE NO. 2018-048902; THENCE ALONG
SAID SOUTHEASTERLY LINE, ALONG THE ARC OF A 5675.58 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 00°32'33" (THE LONG CHORD BEARS SOUTH
50°09'26" WEST, 53.73 FEET), AN ARC DISTANCE OF 53.73 FEET TO A POINT OF REVERSE
CURVATURE; THENCE ALONG THE ARC OF A 431.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 8°21'26" (THE LONG CHORD BEARS SOUTH
53°41'22" WEST, 62.81 FEET), AN ARC DISTANCE OF 62.87 FEET TO A POINT OF REVERSE
CURVATURE; THENCE ALONG THE ARC OF A 369.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 02°34'28" (THE LONG CHORD BEARS SOUTH
56°34'53" WEST, 16.58 FEET), AN ARC DISTANCE OF 16.58 FEET TO THE MOST WESTERLY
CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE NORTHEASTERLY LINE OF LOT 10
OF THE PLAT OF "BRYANT ACRES" (PLAT NO. 383), CLACKAMAS COUNTY RECORDS; THENCE
ALONG SAID NORTHEASTERLY LINE NORTH 27°30'00" WEST, 7.64 FEET TO THE FORMER
SOUTHEASTERLY RIGHT-OF-WAY LINE OF LOWER BOONES FERRY ROAD PRIOR TO THE PUBLIC
RIGHT-OF-WAY DEDICATION AS RECORDED IN FEE NO. 2018-048902; THENCE ALONG SAID
FORMER SOUTHEASTERLY RIGHT-OF-WAY LINE NORTH 47°09'06" EAST, 92.58 FEET; THENCE
NORTH 50°24'42" EAST, 19.76 FEET; THENCE NORTH 54°09'01" EAST, 21.29 FEET TO THE
NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG
SAID NORTHWESTERLY EXTENSION SOUTH 32°14'52" EAST, 16.62 FEET TO THE POINT OF
BEGINNING.
CONTAINS 28,053 SQUARE FEET, MORE OR LESS
PARCEL 2
PARCEL 2 OF PARTITION PLAT NO. 2020-033, CLACKAMAS COUNTY RECORDS, AND A PORTION
OF THAT TRACT OF LAND DEDICATED AS PUBLIC RIGHT-OF-WAY AS RECORDED IN FEE NO.
2018-048902, CLACKAMAS COUNTY DEED RECORDS, LOCATED IN THE SOUTHEAST ONE-
QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN,
CLACKAMAS COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARTITION PLAT NO. 2020-033, CLACKAMAS COUNTY RECORDS.
TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF THAT TRACT OF LAND DEDICATED
AS PUBLIC RIGHT-OF-WAY AS RECORDED IN FEE NO. 2018-048902:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2 OF PARTITION PLAT NO.
2020-033, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND
DEDICATED AS PUBLIC RIGHT-OF-WAY RECORDED IN FEE NO. 2018-048902; THENCE ALONG
SAID SOUTHEASTERLY LINE SOUTH 50°44'38" WEST, 35.91 FEET TO THE BEGINNING OF A
TANGENT CURVE; THENCE ALONG THE ARC OF A 5675.58 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, THROUGH A CENTRAL ANGLE OF 00°18'56" (THE LONG CHORD BEARS SOUTH
50°35'10" WEST, 31.25 FEET), AN ARC DISTANCE OF 31.25 FEET TO THE MOST NORTHERLY
CORNER OF PARCEL 1 OF SAID PARTITION PLAT NO. 2020-033; THENCE ALONG THE
Ordinance 2824,AN 19-0003 Page 2 of 5
(21E07DD02300, 21E07DD02400 AND 21E07DD02500)
NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID PARCEL 1 NORTH
32°14'52" WEST, 16.62 FEET TO THE FORMER SOUTHEASTERLY RIGHT-OF-WAY LINE OF LOWER
BOONES FERRY ROAD PRIOR TO THE PUBLIC RIGHT-OF-WAY DEDICATION AS RECORDED IN FEE
NO. 2018-048902; THENCE ALONG SAID FORMER SOUTHEASTERLY RIGHT-OF-WAY LINE NORTH
54°09'01" EAST, 65.25 FEET TO THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY
LINE OF AFOREMENTIONED PARCEL 2; THENCE ALONG SAID NORTHWESTERLY EXTENSION
SOUTH 39°15'22" EAST, 12.53 FEET TO THE POINT OF BEGINNING.
CONTAINS 21,227 SQUARE FEET, MORE OR LESS
PARCEL 3
PARCEL 3 OF PARTITION PLAT NO. 2020-033, CLACKAMAS COUNTY RECORDS, AND A PORTION
OF THAT TRACT OF LAND DEDICATED AS PUBLIC RIGHT-OF-WAY AS RECORDED IN FEED NO.
2018-049141, CLACKAMAS COUNTY DEED RECORDS, LOCATED IN THE SOUTHEAST ONE-
QUARTER OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN,
CLACKAMAS COUNTY, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 3 OF PARTITION PLAT NO. 2020-033, CLACKAMAS COUNTY RECORDS.
TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF THAT TRACT OF LAND DEDICATED
AS PUBLIC RIGHT-OF-WAY AS RECORDED IN FEE NO. 2018-049141:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3 OF PARTITION PLAT NO.
2020-033, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND
DEDICATED AS PUBLIC RIGHT-OF-WAY RECORDED IN FEE NO. 2018-049141; THENCE ALONG
SAID SOUTHEASTERLY LINE, ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY (HAVING A RADIAL BEARING OF SOUTH 38°56'58" EAST), THROUGH A
CENTRAL ANGLE OF 32'05'42" (THE LONG CHORD BEARS SOUTH 35°00'11" WEST, 11.06 FEET),
AN ARC DISTANCE OF 11.20 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE
ARC OF A 20.00 FOOT RADIUS CURVE TURNING TO THE RIGHT, THROUGH A CENTRAL ANGLE OF
31'47'18" (THE LONG CHORD BEARS SOUTH 34°50'59" WEST, 10.95 FEET), AN ARC DISTANCE
OF 11.10 FEET TO A POINT OF TANGENCY; THENCE SOUTH 50'44'38" WEST, 58.16 FEET;
THENCE SOUTH 38°45'37" WEST, 22.35 FEET; THENCE SOUTH 19°21'08" EAST, 4.32 FEET;
THENCE SOUTH 58°05'47" WEST, 10.00 FEET; THENCE NORTH 39°15'22" WEST, 13.42 FEET;
THENCE SOUTH 50°44'38" WEST, 34.00 FEET; THENCE SOUTH 31°50'27" EAST, 16.66 FEET;
THENCE SOUTH 58°11'46" WEST, 9.56 FEET; THENCE NORTH 45°29'18" WEST, 4.70 FEET;
THENCE SOUTH 75°17'43" WEST, 15.91 FEET; THENCE SOUTH 50°44'38" WEST, 25.47 FEET TO
THE MOST WESTERLY CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHWESTERLY
EXTENSION OF THE SOUTHWESTERLY LINE OF SAID PARCEL 3 NORTH 39°15'22" WEST, 12.53
FEET TO THE FORMER SOUTHEASTERLY RIGHT-OF-WAY LINE OF LOWER BOON ES FERRY ROAD
PRIOR TO THE PUBLIC RIGHT-OF-WAY DEDICATION AS RECORDED IN FEE NO. 2018-049141;
THENCE ALONG SAID FORMER SOUTHEASTERLY RIGHT-OF-WAY LINE NORTH 54°09'01" EAST,
100.12 FEET; THENCE NORTH 38°38'54" EAST, 103.29 FEET TO THE SOUTHWESTERLY LINE OF
LOT 6 OF THE PLAT OF "BRYANT ACRES" (PLAT NO. 383); THENCE ALONG SAID
SOUTHWESTERLY LINE OF LOT 6 SOUTH 33°53'13" EAST, 24.33 FEET TO THE POINT OF
BEGINNING.
CONTAINS 48,026 SQUARE FEET, MORE OR LESS
Ordinance 2824,AN 19-0003 Page 3 of 5
(21E07DD02300, 21E07DD02400 AND 21E07DD02500)
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 WLG-RMU shall
be applied to the subject properties on the effective date of annexation, as shown on
Attachment A.
Section 5. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Section 6. Effective Dates:
a. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 35.C, this ordinance shall be effective on the 30th day after its enactment.
b. Effective Date of Annexation. Following the filing of the annexation records with
the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the
later of either:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
or other municipal corporation involved in the area to be annexed, then the effective date of
the annexation shall be delayed until, and 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 6th day of October, 2020.
AYES: Studebaker, LaMotte, Wendland, Manz, Kohlhoff, O'Neill, Nguyen
NOES: None
ABSTAIN: None
Ordinance 2824,AN 19-0003 Page 4 of 5
(21E07DD02300, 21E07DD02400 AND 21E07DD02500)
EXCUSED: None L JA Li-r C\
*-F
Kent Studebaker, Mayor
Oc tet ,), Zo 20
Dated
ATTEST:
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
4_,L.,(
David Powell, City Attorney
Ordinance 2824,AN 19-0003 Page 5 of 5
(21E07DD02300,21E07DD02400 AND 21E07DD02500)
I
Annexation to the City of Lake Oswego _
AN 19-0003/Ordinance 2824
16158 1 w m c �0),
o
R-7.5 L --- _ COs
I
`�---- 0 16200 i o ,co 6, 16209
0..) 16211 a u'6,
16234 rn Lsd
c-ro4
01 GC
co co 16275 /��
16286 6,
(51
Lo
SW Mad ona �\ , °I � ���, >0-w
CO1 0‘
• �` �• �O 6r �-A ,�� Twrnw�rno cA31• ass
Co �� CSC�`rI , Q �o �OP�S�O''
c5` 6' lP (-*
66. v�O �o
�. • 166
.76, '� %;, I
0 v ' 0 1b
� P.
61 / V • ° i .
N, ,... I ie .; ,
R-7. 16,. cp , A/ A
WL C RM U `Po . (�
sp. �` rn c9 -
t -a x> O
wIX
co R-7.5
P24
NcS1
ST
03
O'e .spd:„
W t� fl m 1(5)(510 CI*
CO 0 ' /
Attachment A VAII r
T5) Tax Lot IDs:21E07DD02300, 21E07DD02300 & REo
/li
21E07DD02500
`` O City of Lake Oswego:
COMPREHENSIVE PLAN = WLG RMU, Residential Mixed Use
t ZONING = WLG RMU, Residential Mixed Use
,, lop,efirrsiglpClackamas County: N
ZONING = C-3, Commercial
4,4
,may 1 1 Lake Oswego 7 Subject
-411.— L——, City Limits Properties
0 100 200 300 400
1 .� , Feet
8./,z/zozo
v .r-')kr"
September 17, 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 the two lots or will be made available in a timely manner by
the City or a developer commensurate with the scale of the proposed development."
D. Comprehensive Plan —Complete Neighborhoods and Housing (Statewide Goal 10)
Policy B-1: "Provide and maintain zoning and development regulations that allow the opportunity
to develop an adequate supply and variety of housing types, and that accommodate the
needs of existing and future Lake Oswego Residents."
E. 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 owners have petitioned the City for this
annexation. The proposed annexation complies with this statute.
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 1 OF 10
September 17, 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. Both property owners have
consented to the annexation. The City has consented to the annexation of the portions of the properties
that were recently dedicated as right-of-way. The properties are zoned and are in use as commercial
properties and there are no electors residing on them. 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. Both property owners 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 owners have 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
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 2 OF 10
September 17, 2020
3. The proposed effective date of the boundary change.
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 owners have signed the
annexation application. There are no electors residing on these properties. One hundred percent of
the owners have consented to this annexation.
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 20 days before the scheduled decision date.
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 September 17, 2020, no later than seven days of the public meeting.
The proposed annexation complies with cited sections of the Metro Code.
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.
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 2824 (AN 19-0003) ATTACHMENT B/PAGE 3 OF 10
September 17, 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 a City of Lake Oswego
eight-inch collection line in Boones Ferry Road along the site frontage. Engineering staff
reports that there are six-inch service laterals stubbed to the properties with six-inch clean-
outs near the right-of-way line. The existing septic tanks on the properties were
decommissioned per DEQ standards prior to connecting to the City Sewer.
New connections were assessed a System Development Charge (SDC) prior to issuance of a
street opening permit and plumbing permit. The sanitary sewer SDC is based on the water
meter size needed to serve the structure. A plumbing permit was also required for the on-
site work, and a street opening permit was required for relocating the clean-outs to the
dedicated right-of-way line. The sanitary system has been installed and will be maintained
in accordance with the provisions of the City Waste Water Master Plan.
Water System Master Plan: Water is available from an eight-inch Lake Grove Water District
line in Boones Ferry Road along the site frontage.The properties will remain in the LGWD
and will continue to be LGWD customers. The nearest existing fire hydrant is located across
Boones Ferry directly in front of these properties. Another fire hydrant is located on the
south side of Boones Ferry Road approximately 200 feet east of the site.
These properties are within the district's service boundary and are connected to this water
line. 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) stating the city would not withdraw parcels
from the district upon annexation.
The water lines have been installed and are being maintained in accordance with the
provisions of the City's Water System Master Plan.
Clean Streams (Storm water) Plan: A twelve-inch Storm Line is located in the north side of
Boones Ferry Road serving the development on that side of the roadway. Stormwater on
the annexed properties will be managed on site and will not be connected to this system.
The Lake Oswego Storm Water Management Manuel addresses regulatory requirements
and design standards and design approaches for water quality and storm drainage. On-site
surface water management will fall under various provisions of the Lake Oswego Code.
Stormwater runoff from new roof areas, access driveways and parking areas will be required
to be managed on-site. The storm water system for these properties was approved under
and is consistent with the City's Clean Streams Plan.
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 4 OF 10
September 17, 2020
Public Facilities (Statewide Planning Goal 11): The PFP implements Statewide Planning Goal
11, which is intended to assure that cities plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban
development. Annexation of these properties enables public facilities to be provided in an
orderly and efficient manner.
Transportation (Statewide Planning Goal 12): Boones Ferry Road is a major arterial level
road and the right-of-way width varies along the site frontage. The right of way adjacent to
these properties is within the City Boundary and under the maintenance jurisdiction of the
City of Lake Oswego. Road improvements along this segment of road have been designed
under the City's current Boones Ferry Road project. The property owners have dedicated
the right of way needed for roadway widening and the city is currently constructing the
frontage improvements. The city has consented to the annexation of the portion of right-
of-way that was recently dedicated by the property owners.
The Tri Met Bus line 37, which operates between the Tualatin Park and Ride and downtown
Lake Oswego, provides the closest bus service to these properties. Annexation of these
properties is consistent with future roadway improvements identified in this plan.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: These properties are currently designated Commercial (C-3) on
Clackamas County's Comprehensive Plan and Zoning Maps. They are designated WLG-RMU
West Lake Grove Design District Residential Mixed Use on the City's Comprehensive Plan
Map. Upon annexation, a City zoning designation of WLG-RMU will be applied to these
properties.
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. Therefore, this annexation is consistent with the City's
Comprehensive Plan Map.
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 properties are within the Urban
Services Boundary. The proposed annexation and the withdrawal of these properties from
the identified districts are consistent with this policy.
Policy C-3 states: "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 2.07 acres to be served by the
City. As stated in Section 2(b)(1), the addition of this territory will not detract from the City's
ability to provide police and fire protection to existing City residents. As stated in Section C-
4 below, annexation of these properties will not affect the City's ability to provide parks and
recreation services, sewer or water services.
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 5 OF 10
September 17, 2020
Comprehensive Plan Policy C-4 states: "Prior to the annexation of non-island properties,
ensure urban services are available and adequate to serve the properties 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 these properties 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 areas 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 these lots by
agreement with the City of Lake Oswego. Upon annexation, the lots will be withdrawn from
this fire district and served directly by the City. The Fire station on Jean Road, located south
of the site, would be able to respond to emergencies under the eight minute goal
established in the Comprehensive Plan.
Police: Upon annexation, these properties 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 these properties 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 these properties 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.
These properties will remain within the Lake Grove Park District following annexation.
Transportation - Streets and Mass Transit: The transportation system has been found to be
adequate to serve the subject area as detailed in subsection D.1.d above.
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 these properties.
In the event that future development occurs, an applicant for development is obligated to
construct all necessary public facilities to serve their development.
As noted above, police and fire services are available upon and would not be overburdened
as a result of this annexation. The amount of protection provided will be similar to
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 6 OF 10
September 17, 2020
protection provided to other City residents because the territory proposed to be annexed is
not isolated from other areas of the City.
Statewide Goal 10 and Complete Neighborhoods and Housing
City Comprehensive Plan Complete Neighborhoods and Housing Chapter
The Complete Neighborhoods and Housing Chapter of the City's Comprehensive Plan
implements Statewide Housing Goal 10 and the Portland Metropolitan Housing Rule (OAR
660-007-0000 et seq.), which requires that the City plan for a supply of residentially zoned
land with an average allowed density of 10 dwelling units per net acre, and the opportunity
to develop a mix of housing types consisting of not less than 50% attached and multifamily
dwellings. Compliance with the State rules ensures the opportunity to provide adequate
numbers of needed housing units and the efficient use of buildable land within urban
growth boundaries, while promoting certainty in the development process to help reduce
housing costs.
The following Oregon Administrative Rule (OAR) provides standards for compliance with
Goal 10 "Housing" pursuant to ORS 197.296 (Buildable Lands) and ORS 197.303 through
197.307 (Needed Housing):
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 City of Lake Oswego Comprehensive Plan-Complete Neighborhoods and Housing
Chapter, adopted pursuant to Goal 10 and the Metropolitan Housing Rule, and incorporated
herein by reference, is designed to meet Lake Oswego's housing needs for not less than a
twenty-year planning period. The Comprehensive Plan Map designates residential land use
designations within the City limits and within Lake Oswego's Urban Services Boundary (USB)
through the year 2035. The Comprehensive Plan Map's residential land use designations
were adopted consistent with the City's Buildable Lands Inventory and Housing Needs
Analysis (HNA, 2013), also incorporated herein by reference, and the City of Lake Oswego-
Clackamas County Urban Growth Management Agreement (UGMA), which specifies future
zoning of lands with the USB upon annexation to Lake Oswego. The UGMA anticipates the
City eventually annexing all of the unincorporated lands that exist within the USB, and
application of City zoning to those lands consistent with the Comprehensive Plan; hence,
the HNA is for both the incorporated area of Lake Oswego (City) and unincorporated areas
within Lake Oswego's Urban Services Boundary (USB).
The Comprehensive Plan Map's residential land use designations are based on the HNA.
These designations match the corresponding Zoning Map designations such that there is
only one zone for each Plan designation, and therefore only one zone that is applied to each
lot upon annexation, consistent with the HNA and in compliance with Goal 10 and the
Metropolitan Housing Rule. The applicable Plan Map designation and corresponding Zone
Map designation is West Lake Grove Design District Residential Mixed Use (WLG-RMU) The
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 7 OF 10
September 17, 2020
City Comprehensive plan and corresponding Zone Map designation of WLG RMU, which
provides an equal amount of housing density as the as the C-3 county zoning designation,
allow the use of attached residential townhomes solely or in conjunction with office uses in
the same building. These properties are now occupied with commercial uses and based on
the allowed density of 2,500 square feet per unit and subtracting 20 percent for landscaping
access and parking the zoning would allow approximately 28 units if the properties were to
be redeveloped.The proposed annexation and designation of City zoning is consistent with
the Comprehensive Plan and Map, and the City's Buildable Lands Inventory, and does not
change the City's housing needs from those identified by HNA; therefore, the annexation
and zone change comply with Goal 10 and its implementing administrative rules. In this
case the zoning district would satisfy the need for single-family residential housing
identified in the Housing Needs Analysis.
The proposed rezoning in AN 19-0003 is "non-discretionary" because the zoning is
prescribed by the City of Lake Oswego Comprehensive Plan and the zoning conversion table
in the City of Lake Oswego-Clackamas County UGMA.
The City's WLG-RMU zone that is proposed to be applied is consistent with (matches) the
WLG-RMU land use designation in the City's Goal 10/Metro Housing Rule-compliant
comprehensive plan. The City Council does not have discretion to apply a different zone to
the subject properties unless it is amending the Comprehensive Plan to change the land use
designation; therefore, the City does not evaluate proposed zones against its Housing Needs
Analysis (HNA). The City simply applies the zoning that is prescribed by the Comprehensive
Plan, consistent with the HNA and the Complete Neighborhoods and Housing (Goal 10)
chapter of the Plan.
In doing so, the City relies on LOC 50.01.004.5.a, which states that the Lake Oswego
Comprehensive Plan Map provides for the future City zoning of all property within the City's
Urban Service Boundary. In cases where the Comprehensive Plan Map requires a specific
zoning map designation, this designation is automatically imposed on territory when the
properties are annexed to the City.
In conclusion, the proposed WLG-RMU zoning is consistent with the Comprehensive Plan,
including the HNA, and the City-County UGMA for the subject properties and the City
Council does not have other zoning options from which to choose in approving AN 19-0003.
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
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 8 OF 10
September 17, 2020
coordination and consistency between the City and County comprehensive plans and
outlines responsibilities in providing services and managing growth within the Dual Interest
Area. Subsections 6 and 7, provided below, are applicable to annexations.
"6C. City and County Notice and Coordination:
The City shall provide notification to the County, and an opportunity to participate,
review and comment, at least 35 days prior to the first public hearing on all proposed
public facilities plans, legislative changes to the City Comprehensive Plan, or quasi-
judicial land use actions adjacent to, or in close proximity to unincorporated areas.
The City shall provide notice to the County of private or City initiated annexation
requests within five days of the filing of an application with the Portland
Metropolitan Boundary Commission."
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 has been notified.
"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 ORS 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
adjacent to these properties is within the City Boundary and under the maintenance
jurisdiction of the City. The city has consented to the annexation of the portion of right- of-
way being dedicated by the property owner and will also be under the maintenance
jurisdiction of the city upon annexation.
f. Any applicable concept plan
There 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 these properties to existing City services will allow this annexation to
Ordinance 2824 (AN 19-0003) ATTACHMENT B/PAGE 9 OF 10
September 17, 2020
promote the timely, orderly and economical extension of public facilities and services. They
can readily be served with urban services and facilities. If and when additional development
occurs in the area, provision of public facilities and services will occur consistent with the
City's adopted public facility master plans, ensuring that it does not adversely affect the
quality or quantity of urban services and avoiding unnecessary duplication of facilities or
services. Therefore, this boundary change is consistent with criteria 2.a through 2.c.
(E) A city may not annex territory that lies outside the UGB except it may annex a lot or parcel
that lies partially within and partially outside the UGB.
The properties to be annexed is located entirely within the City's Urban Growth Boundary (UGB).
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 19-0003
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 2824 (AN 19-0003) ATTACHMENT B/PAGE 10 OF 10