HomeMy WebLinkAboutOrdinance 2915 w-Attach Signed AN 22-0016ORDINANCE 2915
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.23
ACRES AT 5807 BENFIELD COURT; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO
LOC 50.01.004.5.a - .c; AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 22-0016).
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 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operation of ORS 222.520, be withdrawn from that district immediately upon approval of the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District will, by operation of ORS 222.520, be withdrawn from the district upon approval of the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Clackamas County will by operation of ORS 222.520 be withdrawn from that agency immediately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 and
222.125 for boundary changes, and Metro Code Sections 3.09.040(a)(1-4) and 3.09.045.
Now, therefore, the City of Lake Oswego ordains as follows:
Section 1. The real property described as follows is hereby annexed to the City of Lake Oswego:
A tract of land located within the northwest quarter of Section 19, Township 2 South, Range 1 East
of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, said tract being all
that property described Statutory Bargain and Sale Deed recorded June 16, 1999 in the Official
Records of Clackamas County, as Recording No. 99-060902; said tract of land more particularly
described as follows:
Ordinance 2915, AN 22-0016
(21E019BA00400) EXHIBIT A-1/PAGE 1 OF 3
Effective Date: February 2, 2023
Ordinance 2915, AN 22-0016
(21E019BA00400) EXHIBIT A-1/PAGE 2 OF 3
Lot 15, Block 1, Wistful Vista (Plat No. 1026), plat records of Clackamas County.
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
Library District of Clackamas County
Rivergrove 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-10 shall be
applied to the subject property on the effective date of annexation, as shown on Attachment A.
Section 5. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Section 6. Effective Dates:
a. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 35.C, this ordinance shall be effective on the 30th day after its enactment.
b. Effective Date of Annexation. Following the filing of the annexation records with the
Secretary of State as required by ORS 222.177, this annexation shall be effective upon the later of
either:
1. the 30
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 January 3, 2023.
AYES: Mayor Buck, Corrigan, Wendland, Mboup, Verdick, Rapf, Afghan
NOES: None
ABSTAIN: None
EXCUSED: None
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Joseph . Buck, Mayor
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Date
ATTEST:
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Kari Linde ity Recorder
APPROVED AS TO FORM:
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Evan Boone, City Attorney Pro Tem
Ordinance 2915,AN 22-0016
(21E0196A00400) EXHIBIT A-1/PAGE 3 OF 3
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Annexation to the City of Lake Oswego
AN 22-0016/Ordinance 2915
11/21/2022
Lake Oswego
City Limits
Subject
Property
PF
R-10
PNA
Attachment A
Tax Lot IDs:21E19BA00400
City of Lake Oswego:
COMPREHENSIVE PLAN = R-10, Residential Low Density
ZONING = R-10, Residential Low Density
Clackamas County:
ZONING = R-10, Residential Low Density
0 100 200 300
Feet
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 1 OF 11
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 222.125 - Annexation by Consent of All Owners of Land and Majority of Electors;
Proclamation of Annexation.
B. Metro Code.
1. 3.09.040(A)(1-4) - Requirements for Petitions.
2. 3.09.045 (A-E) - Expedited Decisions.
C. Comprehensive Plan - Urbanization Chapter
1. Policy A-3 - “The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is
the area within which the City shall be the eventual provider of the full range of urban
services.”
2. Policy C-3 - “Ensure that annexation of new territory or expansion of Lake Oswego’s Urban
Services Boundary does not detract from the City’s ability to provide services to existing City
Residents.”
3. Policy C-4 - “Prior to the annexation of non-island properties, ensure urban services are
available and adequate to serve the 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
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 2 OF 11
of real property in the territory to be annexed. The property owners have petitioned the City for this
annexation. The proposed annexation complies with this statute.
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
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. 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.
2.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, who are
also the only electors residing on the property, consented to the annexation. The proposed annexation
complies with this statute.
B. Metro Code
1. 3.09.040 - Requirements for Petitions.
A. A petition for a boundary change must contain the following information:
1. The jurisdiction of the reviewing entity to act on the petition;
2.A map and a legal description of the affected territory in the form prescribed by
the reviewing entity;
3.For minor boundary changes, the names and mailing addresses of all persons
owning property and all electors within the affected territory as shown in the
records of the tax assessor and county clerk; and,
4.For boundary changes under ORS 198.855 (3), 198.857, 222.125 or 222.170,
statements of consent to the annexation signed by the requisite number of owners
or electors.
The above information was submitted as required by Metro Code. The property owners, who are
also the only electors, 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
property owners have consented to the annexation on the annexation petition, meeting the
consent requirements of ORS 222.125. The annexation petition complies with the Metro code
requirements.
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 3 OF 11
2.3.09.045 – Expedited Decisions
A.The governing body of a city or Metro may use the process set forth in this section for
minor boundary changes for which the petition is accompanied by the written consents
of one hundred percent of property owners and at least fifty percent of the electors, if
any, within the affected territory. No public hearing is required.
B.The expedited process must provide for a minimum of 20 days’ notice prior to the date set
for decision to all necessary parties1 and other persons entitled to notice by the laws of
the city or Metro. The notice shall state that the petition is subject to the expedited
process unless a necessary party gives written notice of its objection to the boundary
change.
C.At least seven days prior to the date of decision the city or Metro shall make available to
the public a report that includes the following information:
1.The extent to which urban services are available to serve the affected territory,
including any extra- territorial extensions of service;
2.Whether the proposed boundary change will result in the withdrawal of the
affected territory from the legal boundary of any necessary party; and
3.The proposed effective date of the boundary change.
Metro Code 3.09.045(A). states that an expedited review of an annexation, where no public hearing
is required, can be considered by a governing body within the area proposed to be annexed if one
hundred percent of the property owners and not less than 50 percent of the electors, if any,
residing in the territory consent in writing to the annexation. The property owners, who are also the
only electors, have signed the annexation application. One hundred percent of the owners and
electors have consented to this annexation.
Metro Code 3.09.045(B). requires a minimum of 20 days’ notice to all necessary parties prior to the
decision date. The County, Metro and local service districts are the necessary parties under the
Metro Code 3.09.020(J) and all have been notified on December 14, 20 days before the scheduled
decision date.
Metro Code 3.09.045(C). requires that the report discussing availability of urban services,
withdrawal of the affected territory and the proposed effective date of the boundary change be
made available at least seven days prior to the date of decision. The annexation report has been
prepared and made available on December 14, 2022, no later than seven days of the public
meeting.
The proposed annexation complies with the Metro Code.
1“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 2915 (AN 22-0016) ATTACHMENT B/PAGE 4 OF 11
D. To approve a boundary change through the expedited process the City shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065
The City has entered into ORS 195.065 agreements with: 1) Lake Oswego School District,
and 2) Lake Grove Fire District.
Lake Oswego School District: The City and the Lake Oswego School District entered into an
ORS 195.065 urban service agreement for park services in July, 2003. The School District
operates the Lake Grove Swim Park located at 3800 Lakeview Boulevard. The agreement
states that the annexation of property by the City within the Lake Grove Park District (which
funds the swim park) shall not cause the withdrawal of this property from the District. This
property is within the boundaries of the Lake Grove Park District but the annexation will not
withdraw this property from that District.
Lake Grove Fire District #57: The City and District entered into an ORS 195.065 urban service
agreement for fire protection in July, 2003. The agreement states that upon annexation of
property within the district by the City, the annexed property shall be withdrawn from the
District and the City shall provide fire protection services.
b. Any applicable annexation plan adopted pursuant to ORS 195.205.
There are no applicable annexation plans adopted pursuant to ORS 195.205 relating to the
affected territory.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party.
There are no ORS 195.020(2) cooperative agreements (which relate to special districts)
between the city and a necessary party.
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 is available from a City of Lake Oswego
eight-inch collection line in Benfield Avenue along the site frontage.
The sanitary line has been installed and is being maintained in accordance with the
provisions of the City’s Wastewater Master Plan.
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 5 OF 11
Water System Master Plan: Water is available from a six-inch Rivergrove Water District Line
in Benfield Avenue and a four-inch water main in Benfield Court along the site frontages.
The closest fire hydrant is located across the street from the site at the southwest corner of
the intersection of Benfield Avenue and Benfield Court.
The City of Lake Oswego entered into an agreement with the Rivergrove Water District on
February 8, 1984 for water services. The agreement stipulates that the District will continue
to serve the property upon annexation if it is capable of delivering a minimum flow of 1500
gallons per minute with a 20 psi residual pressure during periods of peak domestic demand.
The District is currently able to meet these demands. If upon further development, this level
of service is not provided, then City water may need to be provided.
The water system has been installed and is being maintained in accordance with the
provisions of the City’s Wastewater Master Plan.
Clean Streams (Stormwater) Plan: After annexation, on-site surface water management will
fall under various provisions of the Lake Oswego Code and the Clean Streams plan.
However, 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). The
Clean Streams (Stormwater) Plan does not identify any future projects for this section of
Benfield Avenue or Benfield Court.
Public Facilities (Statewide Planning Goal 11): The PFP implements Statewide Planning Goal
11, which is intended to assure that cities plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban
development. Annexation of this property enables public facilities to be provided in an
orderly and efficient manner.
Transportation (Statewide Planning Goal 12): The City’s Transportation System Plan
implements the multi-modal transportation system that will meet the needs of the city for a
20-year planning horizon.
The City’s Transportation System Plan implements the multi-modal transportation system
that will meet the needs of the city for a 20-year planning horizon. Benfield Avenue and
Benfield Court are identified as Local Streets in the City’s Transportation System Plan.
Benfield Avenue is under the jurisdiction of the City of Lake Oswego and Benfield Court is
under the jurisdiction of Clackamas County. The road maintenance jurisdiction and
permitting authority for Benfield Avenue will not be transferred to the City of Lake Oswego
until it’s appropriate to complete a road transfer process with the County in the future. Tri
Met Line 36, which runs along Jean Road and connects to the Tualatin Transit Center,
provides the closest bus service to the subject property.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: This property is currently designated R-10, Low Density
Residential on Clackamas County’s Comprehensive Plan and Zoning Maps. It is designated
Low Density Residential, R-10 on the City’s Comprehensive Plan Map. Upon annexation, a
City zoning designation of R-10 will be applied to this property.
The City and County have coordinated their comprehensive plans within the Dual Interest
Area outlined in the City/County Urban Growth Management Agreement (dated February 4,
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 6 OF 11
1992 and updated November 18, 1997), hence the City/County designations have been
determined to be compatible. The proposed zoning designation of R-10 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.” The property to be annexed is within the City’s Urban Services Boundary.
Therefore, the proposed annexation and the withdrawal of this property from the identified
districts is consistent with this policy.
Policy C-3: “Ensure that annexation of new territory or expansion of Lake Oswego’s Urban
Services Boundary does not detract from the City’s ability to provide services to existing City
residents.”
The approval of this annexation will result in the addition of 0.23 acres to be served by the
City. As stated in this section below, the addition of this territory will not detract from the
City’s ability to provide police and fire protection to existing City residents. Annexation of
this property will not affect the City’s ability to provide police and fire protection to existing
City residents.
As outlined elsewhere in these findings and incorporated materials, annexation of this
property 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 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.”
Availability of urban services serving this property is discussed below:
Water: Water is available to serve the subject property as detailed in subsection D.1.d.
Sewer: Sanitary sewer service is available to serve the subject areas as detailed in subsection
D.1.d.
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 this property
by agreement with the City of Lake Oswego. Upon annexation, the property will be
withdrawn from this fire district and served directly by the City. The Fire station on 4555
Jean Road, located northeast of the site, would be able to respond to emergencies under
the eight minute goal established in the Comprehensive Plan.
Police: Upon annexation, this property will be withdrawn from the Clackamas County
Enhanced Sheriff’s Patrol District and served by the City of Lake Oswego. The Lake Oswego
Police Department reviewed the proposal and indicated that it does not have any concerns
with serving this property upon annexation.
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 7 OF 11
Parks and Open Space: The City has 629 acres of park and open space lands, or 14.6 acres
per 1,000 population. The parks nearest to this property are Canal Acres/Bryant Woods
Natural Park and Pilkington Park. Canal Acres park is 31 acres and located on the north and
south sides of Childs Road. Because this is a natural park, there are no amenities for
organized recreation activities. Pilkington Park is located east of the site. It is a 3.7 acre
neighborhood park and provides drop-in play fields, a walking path and a picnic table. The
City’s park system will not be overburdened by any additional population annexed to the
City with this application.
Lake Grove Park District: The Lake Grove Swim Park, managed by the Lake Oswego School
District, and funded by the Lake Grove Park District, is located at 3800 Lakeview Boulevard.
The swim park is approximately 1.3 acres in size with restroom, play and swim facilities. This
property will remain within the Lake Grove Park District following annexation.
Transportation - Streets and Mass Transit: As detailed in subsection D.1.d, future
transportation and transit service is available to serve the subject area.
Other Urban Services: Community Development Code Section 50.06.008.3 / 50.07.003.14.d.ii and
.15.d.ii requires that all development be provided with the following utility services: 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.
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.
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 8 OF 11
The City of Lake Oswego Comprehensive Plan-Complete Neighborhoods and Housing
Chapter, adopted pursuant to Goal 10 and the Metropolitan Housing Rule, and incorporated
herein by reference, is designed to meet Lake Oswego’s housing needs for not less than a
twenty-year planning period. The Comprehensive Plan Map designates residential land use
designations within the City limits and within Lake Oswego’s Urban Services Boundary (USB)
through the year 2035. The Comprehensive Plan Map’s residential land use designations
were adopted consistent with the City’s Buildable Lands Inventory and Housing Needs
Analysis (HNA, 2013), also incorporated herein by reference, and the City of Lake Oswego-
Clackamas County Urban Growth Management Agreement (UGMA), which specifies future
zoning of lands within 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-10. The City Comprehensive plan
and corresponding Zone Map designation of R-10 provides an equal amount of housing
density to the R-10 Clackamas County residential zoning designation. If this property was to
be redeveloped, the zoning would not allow any additional residential units. 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 satisfy the need for single-family residential housing identified in the Housing Needs
Analysis.
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 22-0016 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.
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 9 OF 11
The City’s R-10 zone is proposed to be applied consistent with (matching) the R-10 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 property unless
it is amending the Comprehensive Plan to change the land use designation; therefore, the
City does not evaluate proposed zones against its Housing Needs Analysis (HNA). The City
simply applies the zoning that is prescribed by the Comprehensive Plan, consistent with the
HNA and the Complete Neighborhoods and Housing (Goal 10) chapter of the Plan.
In doing so, the City relies on LOC 50.01.004.5.a, which states that the Lake Oswego
Comprehensive Plan Map provides for the future City zoning of all property within the City’s
Urban Service Boundary. In cases where the Comprehensive Plan Map requires a specific
zoning map designation, this designation is automatically imposed on territory when the
property is annexed to the City.
In conclusion, the proposed R-10 zoning is consistent with the Comprehensive Plan and City-
County UGMA for the subject property, and the City Council does not have other zoning
options from which to choose in approving AN 22-0016.
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:
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.
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 10 OF 11
Staff relies on the notice requirements of Metro Code 3.09.045(B), which requires mailing
notice to all necessary parties, 20 days prior to the annexation decision for all necessary
parties (other governmental entities). The notice shall state that the petition is subject to
the expedited process unless a necessary party gives written notice of its objection to the
boundary change. The County is a necessary party under the Metro Code definition and has
been notified.
“7. City Annexations
A.The City may undertake annexations in the manner provided for by law within
the Dual Interest Area. The City annexation proposals shall include adjacent
road right-of-way to property proposed for annexation. The County shall not
oppose such annexations.
B. Upon annexation, the City shall assume jurisdiction of the County roads and
local access roads pursuant to a separate road transfer agreement between
the City and county.”
The City is undertaking this annexation in the manner provided for in the applicable ORS and
Metro Code for the territories that lie within the Dual Interest Area. This annexation is
consistent with the City and County comprehensive plans which have been coordinated in
the Dual Interest Area within the regional Urban Growth Boundary (UGB). Benfield Avenue
is under the jurisdiction of the City of Lake Oswego and Benfield Court is under the
jurisdiction of Clackamas County. The road maintenance jurisdiction and permitting
authority for Benfield Avenue will not be transferred to the City of Lake Oswego until it’s
appropriate to complete a road transfer process with the County in the future.
f. Any applicable concept plan
There no applicable concept plans in this area.
2. Consider whether the boundary change would
a. Promote the timely orderly and economic provision of public facilities and services
b. Affect the quality and quantity of urban services
c. Eliminate or avoid unnecessary duplication of facilities or services
The proximity of this property to existing City services will allow this annexation to promote
the timely, orderly and economical extension of public facilities and services. It can readily
be served with urban services and facilities.
If and when additional development occurs in the area, provision of public facilities and
services will occur consistent with the City’s adopted public facility master plans, ensuring
that it does not adversely affect the quality or quantity of urban services and avoiding
unnecessary duplication of facilities or services. Therefore, this boundary change is
consistent with criteria 2.a through 2.c.
(E) A city may not annex territory that lies outside the UGB except it may annex a lot or parcel
that lies partially within and partially outside the UGB.
The property to be annexed is located entirely within the City’s Urban Growth Boundary (UGB).
Ordinance 2915 (AN 22-0016) ATTACHMENT B/PAGE 11 OF 11
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 22-0016
complies with all applicable criteria and the annexation should be approved.
EFFECTIVE DATE:
A. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter, Section 35.C.,
the ordinance shall be effective on the 30th day after its enactment.
B. Effective Date of Annexation. Following the filing of the annexation records with the
Secretary of State as required by ORS 222.177, this annexation shall be effective upon the later of:
1. the 30
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.