HomeMy WebLinkAboutCouncil Report 09-14-22 CCPH 10-04-22 w-Exh AN 22-0010
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Subject: Ordinance 2907, annexing properties at 16085 Inverurie Road; AN 22-0010
Meeting Date: October 4, 2022
Report Date: September 14, 2022
Staff Member: Paul Espe, Associate Planner
Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation ☐ Motion ☒ Approval ☐ Public Hearing ☐ Denial
☒ Ordinance ☐ None Forwarded ☐ Resolution ☐ Not Applicable ☐ Information Only Comments: This annexation is being processed as a
public hearing under Metro Code 3.09.050(A-D)
because it includes right-of-way beyond the
centerline of the abutting properties.
☐ Council Direction ☐ Consent Agenda
Staff Recommendation: Enact Ordinance 2907
Recommended Language for Motion: Move to enact Ordinance 2907
Project / Issue Relates To: Annexation of Property
Issue before Council (Highlight Policy Question):
☐Council Goals/Priorities
☐Adopted Master Plan(s)
☒Not Applicable
EXECUTIVE SUMMARY/BACKGROUND
The proposed annexation is owner-initiated and will result in the addition of approximately 1.3
acres of residential land to the City and approximately 200 feet of the public right-of-way along
Inverurie Road. This Council report describes the reasons for the annexation and provides basic
background information. The criteria for approving annexations and findings in support of this
annexation are included in Attachment B of Exhibit A-1.
Owner/Applicant: Frank and LeeAnn Pranzetti
Location/Size: West side of Inverurie Road; 1.3 acres (56,628 square feet). 16085 Inverurie
Road, Tax Lots 700, 1000, 1001, Map 21E07CA
Existing Land Use: Single-family dwelling, access from Inverurie Road.
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Neighborhood: Lake Forest Neighborhood
Purpose of Annexation: Owners initiated annexation to connect to city sewer and indicate,
following annexation, that they intend to submit a separate minor development application to
divide the properties. (Future development of the properties is outside the issue of whether
the proposed annexation meets the annexation criteria. If land division is proposed in the
future, it will be reviewed under then applicable land division development criteria.)
DISCUSSION
Plan and Zone Designation: The subject properties
are currently under Clackamas County’s jurisdiction
and zoned Low Density Residential. They are
designated R-7.5, Low Density Residential on the City
of Lake Oswego Comprehensive Plan Map and will be
zoned R-7.5 upon annexation.
Development Potential: Based on the size and
zoning of these properties, they could be divided into
seven lots. Other factors (such as lot shape,
development standards, and right-of-way
requirements) could affect the actual number of lots.
Sensitive Lands: There are no Sensitive Lands designated on these properties.
Statewide Goal 10 and Complete Neighborhoods and Housing
Statewide Goal 10 Housing
City Comprehensive Plan Complete Neighborhoods and Housing Chapter
Project Site Inverurie Rd. Washington Ct.
Vicinity Map
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing Goal in the City
Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed housing
units, the efficient use of buildable land within urban growth boundaries, and to provide greater
certainty in the development process so as to reduce housing costs.
Staff has provided findings (Exhibit A-1, Attachment B) that the proposed annexation and
designation of City R-7.5 zoning are consistent with the Comprehensive Plan, including the City’s
Buildable Lands Analysis and Housing Needs Analysis, which anticipates the City eventually
annexing all of the unincorporated lands within the USB and applying the appropriate zoning
consistent with the Comprehensive Plan’s land use designations. The proposal has no effect on
the City’s Buildable Lands Inventory or Housing Needs Analysis because the BLI and HNA is
based on the lands within the City’s Urban Service Boundary (USB), and the land is within the
USB. The proposal is consistent with the Comprehensive Plan and therefore complies with Goal
10. See Attachment B for the complete findings under Goal 10.
Sewer and Water Service: Sanitary sewer service can be made available from an existing eight-
inch public sanitary sewer main that currently terminates with a clean-out approximately 65
feet north of the site boundary of 16085 Inverurie Road.
Note: The applicant has indicated an intent, following annexation, to submit a minor
development application for a land division. Engineering Staff has preliminarily commented by
memo on the development standards that would apply for the possible land division, which is
on file with the Planning Dept. The applicant is advised to obtain a copy before proceeding to
prepare a land division application.
Water is available from a Lake Grove Water District (LGWD) line in Inverurie Road along the site
frontage. These properties will remain in the LGWD and will continue to be a LGWD customer.
Future extension of water lines, if needed to serve future development, will be constructed and
maintained in accordance with the City’s Water System Master Plan and LGWD standards. The
nearest fire hydrant is located approximately 50 feet north, of 16085 Inverurie Rd., on the east
side of the roadway.
Service Districts: Upon annexation, these properties 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.
Transportation: The City’s 2015 Transportation System Plan implements the multi-modal
transportation system that will meet the needs of the city for a 20-year planning horizon.
Inverurie Road is identified in the city’s transportation plan as a local street and is under the
jurisdiction of the Clackamas County. The right-of-way would be annexed to the City of Lake
Oswego; however, the maintenance jurisdiction and permitting authority will remain under the
County until after a formal road transfer is complete between the City and the County.
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Tri Met Line 37, which runs along Boones Ferry Road operating between downtown Lake
Oswego and the Tualatin Park and Ride, provides the closest bus service to the subject
properties.
The draft findings provided in Attachment B of Exhibit A-1 conclude that the proposed
annexation complies with all applicable State statutes and Metro code requirements.
FISCAL IMPACT
The estimated assessed value of the residential properties is $533,495. The estimated tax
revenue after they are annexed is $1,380
RECOMMENDATION
Approve AN 22-0010 (Ordinance 2907).
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2907 (Draft 09/14/22)
Attachment A: Map of Proposed Annexation, 08/16/22
Attachment B: Criteria, Findings, Conclusion and Effective Date, 09/14/22
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
September 14, 2022
Ordinance 2907, AN 22-0010 EXHIBIT A-1/PAGE 1 OF 3
(21E07CA00700, 21E07CA01000, 21E07CA01001)
ORDINANCE 2907
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO THREE PARCELS, CONSISTING OF
1.30 ACRES AT 16085 INVERURIE ROAD (21E07CA00700, 21E07CA01000 AND 21E07CA01001)
AND THE PUBLIC 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 22-
0010).
WHEREAS, annexation to the City of Lake Oswego of the territory shown in the map in
Attachment “A” and described below, would constitute a contiguous boundary change under
ORS 222.111, initiated by petition from the property owners as outlined in ORS 222.111(2); and,
WHEREAS, the City has provided written notification of this annexation as required under ORS
222.120(3); and,
WHEREAS, the City has received consent for the proposed annexation from all of the property
owners and not less than 50 percent of the electors residing in the territory, as outlined in ORS
222.125; and,
WHEREAS, the City has received consent for the proposed annexation from more than half of
the owners of land in the territory, who also own more than half of the land in the territory,
and more than half of the assessed value of all of the land in the territory, as outlined in ORS
222.170(1); 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), 222.120
222.125 and 222.170(1) for boundary changes, and Metro Code Sections 3.09.040(A)(1-4) and
3.09.050.
September 14, 2022
Ordinance 2907, AN 22-0010 EXHIBIT A-1/PAGE 2 OF 3
(21E07CA00700, 21E07CA01000, 21E07CA01001)
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 southwest and southeast quarter of Section 7, Township 2
South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County,
Oregon, and being part of Lots 9 and 10 of Block 1, and all of Lots 11 and 12 of Block 1, said Lots
and Blocks being of the Plat of Lake Forest (Plat No. 509), plat records of Clackamas County, a
part of said tract of land being all of that property conveyed to Frank A. and Leeann M.
Pranzetti by Special Warranty Deed, recorded December 31, 1997 in the Official Records of
Clackamas County, as Recording No. 97-102644, and by Statutory Bargain and Sale Deed,
recorded October 28, 2004 in the Official Records of Clackamas County, as Recording No 2004-
099400, said tract of land more particularly described as follows:
Lots 9, 10, 11, and 12, Block 1, Plat of Lake Forest (Plat No. 509), plat records of Clackamas
County.
Together with a portion of the 30.00 wide right of way of Inverurie Road (County Road No.
2506); said portion being bounded southerly by the easterly projection of the southerly line of
said Lot 12; said portion being bounded northerly by the westerly projection of the southerly
line Partition Plat No. 2015-070, plat records of Clackamas County. Said portion being 199 feet,
more or less, in length.
Excepting therefrom the East 150.00 feet of said Lots 9 and 10, said East 150.00 feet as
measured along the northerly and southerly lines of said Lots 9 and 10.
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:
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.
September 14, 2022
Ordinance 2907, AN 22-0010 EXHIBIT A-1/PAGE 3 OF 3
(21E07CA00700, 21E07CA01000, 21E07CA01001)
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, 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 _________________, 2022.
AYES:
NOES:
ABSTAIN:
EXCUSED:
________________________________
Joseph M. Buck, Mayor
________________________________
Dated
ATTEST:
______________________________________
Kari Linder, City Recorder
APPROVED AS TO FORM:
____________________________________
Evan Boone, City Attorney Pro Tem
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SWBonaireAveSW Inverurie RdYorksh ir e P lSW Kimball StAnnexation to the City of Lake OswegoAN 22-00010/Ord inance 2907
³
8/16/2022
Lake Oswe goCity L imits Sub jectProperty
PNA
R-7.5
R-15
0 100 200 300Feet
Attachme nt A
Tax Lot IDs:21E07CA01 000, 2 1E07CA010 01
& 21E07 CA00700City of La ke Osw ego:
COMPREHENSIVE PLAN = R-7.5, Re sidential
ZON ING = R-7 .5, Residen tial
Clac kamas County:
ZON ING = R-1 0, Resid ential
R-7.5
TL 1001
TL 0700
TL 1000
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 1 OF 10
ATTACHMENT B
Criteria, Findings, Conclusion, and Effective Date
APPLICABLE CRITERIA:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2) Authority and Procedure for Annexation; Specifying Tax Rate in Annexed Territory.
2. ORS 222.120 Procedure for Annexation Without Election; Hearing; Ordinance Subject to
Referendum.
3. ORS 222.170 Annexation by Consent Before Public Hearing or Order for Election; Proclamation of
Annexation.
B. Metro Code.
1. 3.09.040(A)(1-4) Requirements for Petitions.
2. 3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions
C. Comprehensive Plan - Urbanization Chapter
1. Policy A-3: “The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is the area
within which the City shall be the eventual provider of the full range of urban services.”
2. Policy C-3: “Ensure that annexation of new territory or expansion of Lake Oswego’s Urban Services
Boundary does not detract from the City’s ability to provide services to existing City Residents.”
3. Policy C-4: “Prior to the annexation of non-island properties, ensure urban services are available and
adequate to serve the subject property or will be made available in a timely manner by the City or a
developer, commensurate with the scale of the proposed development.”
D. Comprehensive Plan – Complete Neighborhoods and Housing (Statewide Goal 10)
Policy B-1: “Provide and maintain zoning and development regulations that allow the opportunity to
develop an adequate supply and variety of housing types, and that accommodate the needs of
existing and future Lake Oswego Residents.”
E. OAR 660-008-0010 - Allocation of Buildable Land
FINDINGS:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2) Authority and Procedure for Annexation Specifying Tax Rate in annexed territory.
ORS 222.111(2) provides that a proposal for annexation of territory to a City may be initiated by the legislative body
of the City, on its own motion, or by a petition to the legislative body of the City by owners of real property in the
territory to be annexed. The owners of these properties have petitioned the City for this annexation. The proposed
annexation complies with this statute.
2. ORS 222.120 Procedure for Annexation Without Election; Hearing; Ordinance Subject to Referendum.
ORS 222.120 states that an election need not be held on the question of annexation to the electors of the city for
their approval or rejection. if the legislative body provides for a duly noticed public hearing before the legislative
body at which time the electors of the City may appear and be heard on the question of annexation.
The City has provided written notification of this annexation by publishing a notice once each week for two
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 2 OF 10
consecutive weeks prior to the day of the hearing in a newspaper of general circulation in the city and posted the
notice of public hearing in four public places as required under ORS 222.120(3). The notice was published in the Lake
Oswego Review and was posted at the City Hall, the Adult Community Center, the City Library and Luscher Farms. A
notice was also posted on the site on September 14, 2022. The notice contained information about the affected
territory, time and place of the public hearing and the means by which any person can obtain a copy of the written
report. The annexation notification and review procedures comply with this statute.
3. ORS 222.125 - Annexation by Consent of All Owners of Land and Majority of Electors; Proclamation of
Annexation.
ORS 222.125 states that an election need not be held on the question of annexation within the area proposed to be
annexed if all of the owners of land in the territory and not less than 50 percent of the electors, if any, residing in the
territory consent in writing to the annexation. The property owners and electors residing on the property consented
to the annexation on the annexation petition. The proposed annexation complies with this statute.
4. ORS 222.170 - Annexation by Consent Before Public Hearing, or Order for Election; Proclamation of
Annexation.
ORS 222.170 states that an election need not be held on the question of annexation within the territory proposed to
be annexed if more than half of the owners of land in that territory consent in writing to the annexation. These
owners must also own more than half of the land in the territory to be annexed and more than half of the assessed
value of all of the land in the territory. The two electors residing on these properties have signed the annexation
application and petition. The proposed annexation includes the 125-foot section of Seville Avenue that extends along
the east property frontage 1. The proposed annexation complies with this statute.
B. Metro Code
1 3.09.030 – Notice Requirements
A. The notice requirements apply to all boundary change decisions by a reviewing entity except
expedited decisions made pursuant to MC 3.09.045. These requirements apply in addition to, and do not
supersede applicable requirements of ORS Chapters 197, 198, 221 and 222 and any city or county charter
provision on boundary changes.
B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall set
a time for deliberations on a boundary change. The reviewing entity shall give notice of its proposed
deliberations by mailing notice to all necessary parties 2, by weatherproof posting of notice in the general
vicinity of the affected territory and by publishing notice in a newspaper of general circulation in the
affected territory. Notice shall be mailed and posted at least 20 days prior to the date of deliberations.
Notice shall be published as required by state law.
C. The notice requirements in Subsection (B) shall:
1. Describe the affected territory in a manner that allows certainty;
2. State the date, time and place where the reviewing entity will consider the boundary change;
and
1 The right-of-way is exempt from ad valorem taxation. Consequently under ORS 222.170(3) the right of way is not considered
when determining the number of owners, the area of land or the assessed valuation required for consent, unless an “owner” of
the right of way files a statement consenting to or opposing annexation on or before the date of the public hearing. No such
statement was filed.
2 “Necessary party” means “county; city; district whose jurisdictional boundary or adopted urban service area includes any part
of the affected territory or who provides any urban service to any portion of the affected territory; Metro; or any other unit of
local government." Metro Code 3.09.020(J).
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 3 OF 10
3. State the means by which any person may obtain a copy of the reviewing entity’s report on the
proposal
The City has provided written notification of this annexation to necessary parties (mailed notice), to the
general vicinity (posting of the notice of annexation on these properties on September 8, 2022), and by
publishing notice in the Lake Oswego Review, a newspaper of general circulation in the City. All notices were
given at least 20 days prior to the date of the public hearing for annexation as required under MC
30.09.030(B). The notices contained information about the affected territory, time and place of the public
hearing and the means by which any person can obtain a copy of the written report. The annexation
notification and review procedures comply with the Metro code requirements.
2. 3.09.040 - Requirements for Petitions.
A. A petition for a boundary change must contain the following information:
1. The jurisdiction of the reviewing entity to act on the petition;
2. A map and a legal description of the affected territory in the form prescribed by the reviewing
entity;
3. For minor boundary changes, the names and mailing addresses of all persons owning property
and all electors within the affected territory as shown in the records of the tax assessor and
county clerk; and,
4. For boundary changes under ORS 198.855 (3), 198.857, 222.125 or 222.170, statements of
consent to the annexation signed by the requisite number of owners or electors.
The above information was submitted as required by Metro Code. The property owners, who are also all of
the electors on these properties, 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 of
these properties have consented to the annexation on the annexation petition, meeting the consent
requirements of ORS 222.170(1). The annexation petition complies with the Metro code requirements.
3. 3.09.050(B, D) Hearing and Decision Requirements for Decisions Other Than Expedited Decisions
3.09.045(D, E) Expedited Decisions (criteria incorporated for non-expedited decisions by MC 3.09.050(D))
B. Not later than 15 days prior to the date set for a hearing a report shall be available to the public
that addresses the criteria identified in subsection (D) and includes the following information: 1. The
extent to which urban services are available to serve the affected territory, including any extra territorial
extensions of service; 2. Whether the proposed boundary change will result in the withdrawal of the
affected territory from the legal boundary of any necessary party; and 3. The proposed effective date of
the boundary change.
These findings meet subsection B.
D. To approve a boundary change through decisions made through procedures other than expedited,
the reviewing entity shall apply the criteria and consider the factors set forth in Subsections (D) and (E) of
section 3.09.045.
3.09.045 Expedited Decision
D. To approve a boundary change through an expedited process, the city shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065
The City has entered into ORS 195.065 agreements with: 1) Lake Oswego School District and 2) Lake
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 4 OF 10
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 these properties from the district.
Lake Grove Fire District: The City and District entered into an ORS 195.065 urban service agreement
for fire protection in July, 2003. The agreement states that upon annexation of property within the
district by the City, the annexed property shall be withdrawn from the District and the City shall
provide fire protection services. These properties are within the boundaries of the Lake Grove Fire
District #57 and the annexation will withdraw them from that District.
The proposed annexation is consistent with these agreements.
b. Any applicable annexation plan adopted pursuant to ORS 195.205.
There are no applicable annexation plans adopted pursuant to ORS 195.205 relating to the affected
territory.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party.
There are no ORS 195.020(2) cooperative agreements (which relate to special districts) between the
city and a necessary party.
d. Any applicable public facility plan adopted pursuant to a statewide planning goal
on public facilities and services.
Consistent with Statewide Planning Goal 11 (Public Facilities) and the Community Health and Public
Safety Chapter of the Comprehensive Plan, the City maintains a Public Facilities Plan (PFP). The PFP
consists of master plans for streets, sanitary sewer, water, and stormwater facilities, which provide
the basis for long-range planning for both the incorporated and unincorporated lands within Lake
Oswego’s Urban Services Boundary. The PFP is comprised of the Lake Oswego Transportation
System Plan, Wastewater Master Plan, Water System Master Plan, and Clean Streams (Stormwater)
Plan, pursuant to Statewide Planning Goals 11 (Public Facilities) and 12 (Transportation).
Wastewater Master Plan: Sanitary sewer service can be made available from an existing eight-inch
public sanitary sewer main that currently terminates with a clean-out approximately 65 feet north of
the site boundary of 16085 Inverurie.
The sanitary sewer service that would potentially serve these properties could be provided in a
manner that is consistent with the Wastewater Master Plan.
Water System Master Plan: Water is available from a Lake Grove Water District (LGWD) line in
Inverurie Road along the site frontage. These properties will remain in the LGWD and will continue
to be a LGWD customer. The nearest fire hydrant is located approximately 50 feet north of 16085
along the east side of Inverurie Road.
The City and LGWD agreed to construct an interconnection between the two water systems and that
the City 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 these properties from the district upon annexation. The
territory will not be withdrawn from the district upon annexation. Future extension of water lines, if
needed to serve future development, will be constructed and maintained in accordance with the
City’s Water System Master Plan and LGWD standards.
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 5 OF 10
Clean Streams (Stormwater) Plan: There are no public stormwater systems in the vicinity of these
properties. After annexation, on-site surface water management requirements will fall under various
provisions of the Lake Oswego Code. For example, stormwater runoff from new and/or replaced
impervious surface areas shall be managed in accordance with the City’s Stormwater Management
Code (LOC 38.25), consistent with the Clean Streams (Stormwater) Plan. No new impervious surfaces
will be proposed as part of this annexation.
Transportation (Statewide Planning Goal 12): The City’s 2015 Transportation System Plan implements
the multi-modal transportation system that will meet the needs of the city for a 20-year planning
horizon. Inverurie Road is identified in the city’s transportation plan as a local street and is under the
jurisdiction of Clackamas County. The right-of-way would be annexed to the City of Lake Oswego;
however, the maintenance jurisdiction and permitting authority will remain under the County until
after a formal road transfer is complete between the City and the County. Street improvements
required along the site frontage will be determined through the development review process with a
partition application.
Tri Met Line 37, which runs along Boones Ferry Road operating between downtown Lake Oswego
and the Tualatin Park and Ride, provides the closest bus service to the subject properties.
Future roadway construction to serve future development, will be constructed and maintained in
accordance with the City’s Transportation Master Plan and LGWD standards.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: These properties are currently designated R-7.5, 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. As required by LOC 50.01.005.5, upon
annexation, a City zoning designation of R-7.5 will be automatically 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. The proposed zoning designation of R-7.5 is consistent with the 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.” These
properties are within the City’s Urban Services Boundary. Therefore, the proposed annexation and
the withdrawal of these properties 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 1.3 acres to be served by the City. As
stated in Section 2(b)(1), the addition of this territory will not detract from the City’s ability to
provide police and fire protection to existing City residents.
As outlined elsewhere in these findings and the incorporated materials, annexation of these
properties will not affect the City’s ability to provide parks and recreation services, sewer or water
services.
Policy C-4: “Prior to the annexation of non-island properties, ensure urban services are available and
adequate to serve these properties or will be made available in a timely manner by the City or a
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 6 OF 10
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 area, as detailed in subsection D.1.d.
Stormwater: As detailed in subsection D.1.d, future development will be required to comply with the
City standards for stormwater management.
Fire Protection: Lake Grove Fire District #57 provides fire protection services to these properties by
agreement with the City of Lake Oswego. Upon annexation, these properties 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, 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: Transportation infrastructure and transit service is
available to serve the subject area, as detailed in subsection D.1.d, above.
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 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.
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 7 OF 10
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 Lake Oswego Comprehensive Plan, Complete Neighborhoods and Housing Chapter, adopted
pursuant to Goal 10 and the Metropolitan Housing Rule is designed to meet Lake Oswego’s housing
needs for not less than a twenty-year planning period. The Comprehensive Plan Map designates
residential land use designations within the City limits and within Lake Oswego’s Urban Services
Boundary (USB) through the year 2035. The Comprehensive Plan Map’s residential land use
designations were adopted consistent with the City’s 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. In the
case of the subject application, the applicable Plan Map designation and corresponding Zone Map
designation is R-7.5. The City Comprehensive plan and corresponding Zone Map designation of R-7.5
provide a slightly greater amount of housing density than the Clackamas County R-10 residential
zoning designation. If these properties were to be redeveloped, the zoning would allow additional
primary dwelling units, and accessory dwelling units if the primary use is a single-family dwelling, or
accessory dwelling units) (ORS 197.312) (LOC Table 50.03.002-1 Residential Districts Use Table). The
proposed annexation and designation of City zoning is consistent with the Comprehensive Plan and
Map, and the City’s Buildable Lands Inventory, and does not change the City’s housing needs from
those identified by the HNA; therefore, the annexation and zone change comply with Goal 10 and its
implementing administrative rules. In this case, the zoning district would provide the opportunity for
needed housing identified in the Housing Needs Analysis.
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 8 OF 10
The City uses the following approach for findings supporting two types of annexation zone changes:
• Option 1 is for annexation-related non-discretionary comprehensive plan and zoning map
amendments.
• Option 2 is for annexation-related discretionary comprehensive plan and zoning map
amendments.
“Non-discretionary” amendments are zoning map amendments applied to an annexed property (or
properties) where the applicable zoning designation is prescribed by the city’s comprehensive plan
and a zoning conversion table in the city-county urban growth management agreement (UGMA).
“Discretionary” amendments are where more than one zoning designation is applicable, as
prescribed by the city’s comprehensive plan and the city-county UGMA, and the City Council has
discretion in applying zoning.
The proposed rezoning in AN 22-0010 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 R-7.5 zone is proposed to be applied consistent with (matching) the R-7.5 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 property is annexed to the City.
In conclusion, the proposed R-7.5 zoning is consistent with the Comprehensive Plan and City-County
UGMA for the subject properties and the City Council does not have other zoning options from
which to choose in approving AN 22-0010.
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.
“6C. City and County Notice and Coordination:
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 9 OF 10
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 3.09.030(B), which requires mailing notice to
all necessary parties, posting of a weatherproof notice in the general vicinity of the affected territory,
and by publishing notice in a newspaper of general circulation in the affected territory. Notice shall
be mailed and posted at least 20 days prior to the date of deliberations.
The notice required by MC 3.09.030(B) shall follow the requirements under MC 3.09.030(C), where
the notice shall describe the affected territory in a manner that allows certainty, state the date, time
and place where the reviewing entity will consider the boundary change; and, state the means by
which any person may obtain a copy of the reviewing entity’s report on the proposal. Clackamas
County is a “necessary party” under the Metro Code definition and was notified on September 8,
2022, 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).
Inverurie Road is identified in the City’s Transportation Plan as a local street and is under the
jurisdiction of the Clackamas County. The right-of-way would be annexed to the City of Lake Oswego;
however, the maintenance jurisdiction and permitting authority will remain under the County until
after a formal road transfer is complete between the City and the 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 these properties to existing City services will allow this annexation to promote the
timely, orderly and economical extension of public facilities and services. These properties can
September 14, 2022
Ordinance 2907 (AN 22-0010) ATTACHMENT B/PAGE 10 OF 10
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 are 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 22-0010 can be made
to comply with all applicable criteria and the annexation should be approved.
EFFECTIVE DATE:
A. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C., the
ordinance shall be effective on the 30th day after its enactment.
B. Effective Date of Annexation. Following the filing of the annexation records with the Secretary of State
as required by ORS 222.177, this annexation shall be effective upon the later of:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State;
provided however that pursuant to ORS 222.040(2), if the effective date of the annexation as established
above is a date that is within 90 days of a biennial primary or general election or after the deadline for filing
notice of election before any other election held by any City, district or other municipal corporation involved
in the area to be annexed, the annexation shall become effective on the day after the election.
March 2013 Update
03/18/13 Exhibit 5/Page 29
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.
AN 22-0010 EXHIBIT E-1/PAGE 1 OF 1
March 19, 2013 Update Updated 03/19/13 Comprehensive Plan Housing Needs AnalysisTable 20. Residential Dwelling Capacity and Projected Housing Demand, Lake Oswego USB, 2010 to 2035 Land Use Classifications Potential Net Buildable Land Area in Acres Dwelling Unit Capacity and Demand Forecast Potential Land Need in by Year 2035 Vacant (acres) Part Vacant (acres) Redevel‐opment: R Zones (acres) Redevel‐opment: Mixed‐Use Zones (acres) Total Acres Potential Dwelling Unit Capacity (dwellings) New Dwelllings Needed to Meet Pop. Forecast & Attain‐abiltiy Levels (dwellings) Potential Dwelling Unit Surplus by 2035 (dwellings) Likely Residential Land Need by 2035 (acres) Potential Residential Land Surplus or (Deficit) by 2035 (acres) Low Density (primarily large lot SFD in R‐7.5, R‐10, R‐15 zones) 69.2 502.7 ‐ ‐ 571.9 1,646 783 863 272.1 299.8 Medium Density (primarily small lot SFD in R‐3, R‐5 zones) 5.5 30.6 104.3 ‐ 140.4 1,017 456 561 62.9 77.5 High Density (primarily MF in R0, R‐2, R‐2.5, GC, NC/RO, OC/R3, EC, HC, CR&D, EC/RO, OC zones) 2.6 5.6 22.8 80.9 111.9 2,400 2,321 79 108.2 3.7 Total 77.3 538.9 127.1 80.9 824.2 5,063 3,560 1,503 443.3 380.9 AN 22-0010EXHIBIT E-2/PAGE 1 OF 1