HomeMy WebLinkAboutOrd 2907 w-Attach Adopted-Signed AN 22-0010Ordinance 2907, AN 22-0010 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operation of ORS 222.520, be withdrawn from that district immediately upon approval of the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Patrol District will, by operation of ORS 222.520, be withdrawn from the district upon approval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Clackamas County will by operation of ORS 222.520 be withdrawn from that agency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.
EFFECTIVE DATE: November 17, 2022
Ordinance 2907, AN 22-0010 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.
Section 5. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachments B and C 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 3�th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
or other municipal corporation involved in the area to be annexed, the annexation shall
become effective on the day after the election.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on the 18t" day of October, 2022.
AYES: Mayor Buck, Verdick, Manz, Mboup, Wendland, Nguyen
NOES: None
ABSTAIN: None
EXCUSED: Rapf
t..�- � �....�,�_
oseph M. Buck, Mayor
�e.,(�o�er /t', �?O�t�
Dated
ATTEST:
�W� •
Kari Lind r, City Recorder
APPROVED AS TO FORM:
��-� �- :i�.��-'�-�-
Evan Boone, City Attorney Pro Tem
Ordinance 2907,AN 22-0010 PAGE 3 OF 3
(21E07CA00700, 21E07CA01000, 21E07CA01001)
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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
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
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).
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
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.
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
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.
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.
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:
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
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.
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Page 1 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
BEFORE THE CITY COUNCIL
OF THE CITY OF LAKE OSWEGO
A PROPOSAL TO ANNEX TO THE CITY OF LAKE OSWEGO THREE PARCELS CONSISTING OF 1.30 ACRES AT 16085 INVERURIE ROAD (21E07CA00700, 21EO7CA,01000, 21E07CA01001 AND THE ADJACENT INVERURIE 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 22-0010
FINDINGS AND CONCLUSIONS
NATURE OF PROCEEDINGS
This application was filed by the property owners to annex three parcels consisting of
1.30 acres at or near 16085 Inverurie Road (Assessor’s Map References: 21E07CA00700,
21E07CA01000 and 21E07CA01001) and the abutting public right-of-way (all comprising the
“annexation territory”).
The annexation territory includes one parcel that is occupied by a single-family
residence (16085 Inverurie Road; 21E07CA01001), two parcels that are vacant with no situs
address (21E07CA00700 and -01000), and the right-of-way abutting 16083 and 16085 Inverurie
Road. The annexation territory has Clackamas County Low Density Residential R-10 zoning, and
is designated with a Lake Oswego Comprehensive Plan residential designation of R-7.5.
The described annexation territory would be contiguous to the corporate boundaries of
the City.
HEARINGS
The City Council held a public hearing and received testimony on October 4, 2022. The
Council tentatively approved the annexation and directed staff to prepare findings for the City
Council’s consideration and final decision on October 18, 2022.
CRITERIA AND STANDARDS
A.Oregon Revised Statutes (ORS), City Boundary Changes; Mergers; Consolidations;
Withdrawals.
ATTACHMENT C
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Page 2 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
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)
2. 3.09.050: Hearing and Decision Requirements for Decisions other than Expedited
Decisions.
C. Lake Oswego Community Development Code
1. Section 50.01.004.4: Zoning of Annexed Areas
2. Section 50.01.004.5: Comprehensive Plan Map Designations Automatically
applied Upon Annexations; Exceptions.
D. 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 property or will be made available in a timely
manner by the City or a developer, commensurate with the scale of the proposed
development.”
E. Comprehensive Plan Complete Neighborhoods and Housing (Statewide Goal 10)
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Page 3 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
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.”
EXHIBITS
The exhibits listed below were submitted and accepted as part of the record in these
proceedings:
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
F. LETTERS
F-200 Email from David Brown, 16105 Inverurie Road 10/3/22
FINDINGS AND REASONS
As support for its decision, the City Council incorporates the staff Council Report for the
October 4, 2022 City Council meeting with all exhibits; and the staff’s proposed findings and
conclusions presented as Attachment B to Exhibit A-1; supplemented by the further findings
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Page 4 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
and conclusions of the City Council below. In the event of any inconsistency between the
incorporated materials and the City Council’s supplemental findings and conclusions, the
supplemental findings and conclusions control.
The City received public testimony from David Brown (Exhibit F-200) and from Haley
Carelston. Following are the supplemental findings and conclusions of this Council in response
to the issues raised in testimony.
1. The City’s Incremental Approach to Annexation
The Council received written testimony from adjacent property owner David Brown (16105
Inverurie Road), that the proposed annexation was inconsistent with the Council’s policy
regarding incremental annexations. (Exhibit F-200, Item #6). The commenter did not identify
any Comprehensive Plan Policy that was contrary to the proposed annexation. The commenter
also did not identify the cited policy against piecemeal annexation.
The Council notes that it has adopted a working policy that recognizes annexations may occur
upon owner-requested annexations:
“[T]he policy of ’friendly annexation‘ of residential areas. Annexation will be with the consent
of the owners of affected residential properties, even if this results in the short term in irregular
boundaries or islands of unincorporated areas. The City may, however, take an active role in the
annexation of developed commercial and industrial property within Lake Oswego’s urban
service area.” See https://www.ci.oswego.or.us/citycouncil/city-council-policies
The City Council finds that the Comprehensive Plan criteria are met, as set forth in
Attachment B, pgs. 5-6.
2. Annexation of Property Resulting in Impacts in the Neighborhood Absorbing Impacts
from Zoning Density Requirements (to Meet City Housing Goals)
The testimony in Exhibit F-200 stated a concern about the impact of annexation upon
the neighborhood: the proposed annexation places the burden of the City meeting its housing
goals on the neighborhoods, which is not fair to these neighborhoods; that the neighborhoods
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Page 5 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
become the recipient of the increased traffic (with lack of mass transit); increased crime;
increased construction activity (utility outages, noise, utility disruptions, litter, construction
traffic, dropped nails, screws and razor blades); and annexation and future development of the
property only benefits the applicant to the detriment of the surrounding neighbors. (Exhibit F-
200, Items 5, 11, 12). Again, no Comprehensive Plan policies were cited contrary to the
proposed annexation.
The Council finds that the City zoning of R-7.5 is consistent with the City’s
Comprehensive Plan Map designation of R-7.5. (Attachment B, pgs. 5, 8), and accordingly the
housing density for the neighborhood has previously been considered and adopted. 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 Council notes that the Lake Forest Neighborhood Association, the applicable
neighborhood association, did not submit a comment regarding the annexation.
The commenter does not explain how a change in jurisdiction – from County to City –
results in increased traffic and crime. If the commenter’s concerns are based on the potential
of increased development, as noted in the Council Report, pg.2: "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.”
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Page 6 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
The commenter’s concern about increased construction activity, which are of a
temporary nature, are not criteria for determining whether the annexation criteria are met. As
noted, the area is designated by the Comprehensive Plan as R-7.5 and it is inevitable that some
development will occur in accordance with consistent R-7.5 zoning for those parcels that are
underdeveloped. Neighboring properties can and should expect underdeveloped property to
be developed over time, in accordance with applicable standards and criteria to address the
impacts of development.
3. Future Road and Utility Improvements
The testimony in Exhibit F-200 expressed concerns about, and the Council finds:
• Annexation can well result in us having to pay the City of Lake Oswego for road
improvements to the proposed right-of-way which is an expense we don’t want
or need. (Exhibit F-200, Item #8).
No Comprehensive Plan policies were cited on this issue. The annexation application
does not involve a proposed right-of-way. An annexation – change in jurisdictional boundaries
from County to City – does not itself result in roadway improvements. If future development
necessitates roadway improvements to the extent impacted by the development, that is a
mitigation required of the development. LOC 50.07.003.5; LOC 50.06.008. The Council notes
that the commenter’s property is located outside of City boundaries, so it is unclear how the
cost of any road improvements would be an expense imposed on the commenter.
• Costs to facilitate the annexation and subsequent construction of new housing.
Costs such as moving the existing utilities such as the water meter and water
lines, electrical service, natural gas service, cable service, moving our mail box,
needing to change out address, etc. (Exhibit F-200, Item #3).
No Comprehensive Plan policies were cited on this issue. It is not clear how a change in
jurisdictional boundaries results in the commenter’s necessity to move utilities, mail boxes,
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Page 7 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
change addresses, etc., and how that affects the determination of whether or not the proposed
annexation of the subject parcels complies with the applicable annexation criteria.
• The proposed annexation will result in additional sewer lines being extended in
the area, causing more development and increased density. (Exhibit F-200, Item
#10).
As noted, the change in jurisdictional boundaries does not result in development. Any
future development – whether for the annexation territory or other properties in the area –
may result in extension of sewer lines in accordance with the public facilities master plan, with
the development responsible for extending the system. LOC 50.07.003.5 / LOC 50.06.008. Any
increase in development and density would not exceed the Comprehensive Plan Map
designation and resulting zoning density (R-7.5) of the area. LOC 50.01.004.5. No
Comprehensive Plan policies were cited on this issue.
• The requirement for the commenter to connect to sewer “if city of Lake
Oswego so decides or when our septic system fails in the future at a significant
cost including requiring us to be annexed into the City of Lake Oswego in order
to hook up to the sewer resulting in significant increase in property taxes for no
net additional services that are needed or wanted.” (Exhibit F-200, #7).
The commenter is incorrect in the assumption that the commenter’s property would be
required to connect (if legally and physically available) if the commenter’s septic system is
functioning properly. First, the commenter’s property is not within City jurisdiction, so the City
cannot require the commenter to connect to the City sewer system. Even if the commenter’s
property were to be annexed, if the commenter’s septic system is working, there is no
requirement that a single-family dwelling with a working septic system connect to the City
sewer system. LOC 38.18.305(2).
If the commenter’s septic system is failing and the County would not permit it to be
repaired, the commenter would, out of necessity, be required to connect to the City sewer
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Page 8 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
system per LOC 38.18.305(1), to avoid a public health hazard, and annexation would be
required per Comprehensive Plan, Urbanization, Policy C-1(a). The commenter is concerned
that the then requested annexation would result in an increase in the commenter’s real
property taxes. If the commenter’s septic system is failing and if the County did not authorize
an alternative system than sewer connection, connection (following a request for annexation)
would result if the sewer line was legally and physically available.
The commenter does not state how the requirements relating to possible connection of
the commenter’s property in the future due to failure of the commenter’s septic system that
has the effect of requiring the commenter to connect to City sewer makes the subject
annexation petition contrary to any applicable state law or City Comprehensive Plan criteria for
annexation. (If the commenter’s concern was whether the proposed annexation itself would
raise the commenter’s taxes – which is not the commenter’s stated concern – there is no
evidence in the record showing that a change in jurisdictional boundary of the subject territory
would change the assessed valuation or raise property taxes on the commenter’s abutting
property. The commenter does not identify any applicable annexation criteria on this issue.
• These annexations [will result in road improvements and require sewer
connection] without allowing the surrounding property owners to vote on this
or other annexations. (Exhibit F-200, §6).
No statute, code or policy is cited by the commenter that requires persons in the
neighboring unincorporated area that is not being annexed to vote on annexation of property
that is requested to be annexed, and the Council finds, as stated in the Findings, Attachment B,
Section A, pgs.1-2, the required consent of persons within the annexation territory has been
obtained.
/ / / /
/ / / /
/ / / /
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Page 9 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
4. Tree Removal Resulting from Future Development
The Council received testimony that the proposed annexation and subsequent
construction would result in tree removal. (Exhibit F-200, #4). No Comprehensive Plan policies
were cited on this issue.
The commenter does not explain how future development, in accordance with City
standards, including the tree removal criteria of LOC Art. 55.02, does not meet the
Comprehensive Plan annexation criteria.
5. Access and Utility Easements to 16105 Inverurie Road
The Council received testimony about a concern regarding the 25-foot wide access and
utility easement located along the southern boundary of the subject parcels at 16085 Inverurie
Road (21E07CA01000 & 21E07CA 01001). This is an access and utility easement benefitting the
commenter’s property. He stated that the proposed annexation has not addressed their
easement rights or past and future maintenance costs. (Exhibit F-200, §9). The commenter
does not identify any applicable annexation criteria on this issue.
The Council notes that the stated access and utility easements (documented in PS 24576
filed with Clackamas County Surveyor on 4-27-92) on the annexation territory are private real
property matters and there is no evidence showing that a change in the jurisdictional boundary
of the annexation territory would alter the rights and obligations of the parties under the
easements.
6. Mass Transit is Not Adequate to Support Annexation
The Council received testimony that the nearest mass transit stop is located over a mile
away from the proposed annexation and he did not consider this to be adequate to support the
annexation, as adding more people would further impact the mass transit system. (Exhibit F-
200, §2).
Although the commenter does not identify any applicable annexation criteria on this
issue, the Council believes it relates to the City’s Transportation System Plan (Comprehensive
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Page 10 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
Plan, Urbanization, Policy C-3; Metro Code 3.09.050(D) / 3.09.045(D)(1)(d)). As stated in the
attached Findings (Attachment B, pg. 5, 6), Tri Met Line 37 runs along Boones Ferry Road,
operating between downtown Lake Oswego and the Tualatin Park and Ride, and provides the
closest bus service to the annexation territories. The Council further finds in Attachment B that
two additional people added to the City’s population base would not detract from existing
transit services in this area; in fact, it may have a (very) small effect in adding to the potential
ridership of transit services and thus retaining or improving transit services.
7. Annexation Not Contiguous to the City Boundary
The Council received testimony that the annexation territory is not contiguous to the
existing City boundary and “would create an island of city boundaries unless the city takes over
the maintenance and ownership of the section of Inverurie Road fronting the house at 16083
Inverurie Road….” (Exhibit F-200, §12).
As shown in the Council Report, pg. 2 and on Attachment A, the annexation territory
includes a section of Inverurie Road that will be annexed, and that the northerly end of the
annexed portion of Inverurie Road will extend to the City boundary by connection to the
existing City boundary in Inverurie Road at the southerly property boundary of 16034 Inverurie
Road, resulting in the annexation territory being contiguous to the existing City boundary.
(Note: Clackamas County will remain the road authority over that portion of Inverurie Road, a
county road, such that the maintenance and permitting authority of this section of Inverurie
Road will remain with Clackamas County until a formal road transfer is completed between
Clackamas County and the City of Lake Oswego.)
8. Stormwater Facilities
The Council received oral testimony that the stormwater system for Inverurie Road was
inadequate for future development.
Although the commenter did not identify the applicable annexation criteria, the Council
believes the testimony was directed to the Clean Streams (Stormwater) Plan, per
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Page 11 of 11 – FINDINGS AND CONCLUSIONS | ORDINANCE 2907 | AN 22-0010
Comprehensive Plan, Urbanization, Policy C-4; Metro Code 3.09.050(D) / 3.09.045(D)(1)(d). As
stated in Attachment B, pg. 5, there are no public stormwater systems in the vicinity of these
properties. However, no new impervious surfaces on the annexation territory (parcels or right-
of-way) are proposed as a part of this annexation. After annexation, future development will be
required to meet the surface water management requirements 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. The Council finds that the annexation criteria cited
above are met, in that compliance with the Stormwater Management Code, specifically LOC
38.25.120 and the Lake Oswego Stormwater Management Manual, will ensure that when
future development occurs, stormwater management will be commensurate with the scale of
future development.
CONCLUSION
The City Council concludes that AN 22-0010 complies with all applicable criteria and
should be approved. The Council also concludes that proposed Ordinance 2907 which
implements AN 22-0010, should be enacted.