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NOTICE OF
FINAL CITY COUNCIL DECISION
ON ANNEXATION
Date Mailed: January 6, 2023
Owners/Applicants: Lawrence and Gwen Bruss (O); Frederico Nailing (A)
Location of Property: 13733 Knaus Road (21E04DB02400)
File No.: AN 22-0014 (Ordinance 2913)
The Applicants are requesting annexation to obtain City services. In accordance with
LOC 50.01.004.5, the City zoning designation of R-15 shall be applied to the subject
property on the effective date of annexation. Permitted and conditional uses in this
zone can be found in LOC 50.03.002.
Date of Final City Council Decision:
The City Council approved and enacted this annexation as set forth in Ordinance 2913 on
January 3, 2023.
Effective Dates:
1. The effective date of Ordinance 2913 shall be on the 30th day after its enactment,
pursuant to the Lake Oswego City Charter. The ordinance was enacted on January
3, 2023.
2. Effective Date of Annexation.
Following the filing of the annexation with the Secretary of State, the effective date of
the annexation shall be upon the later of either (see note below):
a. The 30th day following the date of adoption of the ordinance, or
b. The date of filing of the annexation records with the Secretary of State.
Note: Pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general
election or after the deadline for filing notice of election before any other election
held by any city, district or other municipal corporation involved in the area to be
annexed, then the effective date of the annexation shall be delayed until, and the
annexation shall become effective on, the day after the election.
AN 22-0014 Page 2 of 2
Right to Appeal: This decision may be appealed, by those who appeared orally or in
writing in these proceedings, by filing a written Notice of Intent to Appeal with the State
of Oregon Land Use Board of Appeals (LUBA) within 21 days of the date of the
decision. Date of decision: January 3, 2023. Twenty-one-day deadline: January 24,
2023. For more information, contact LUBA at:
Land Use Board of Appeals
550 Capitol St. NE, Suite 235
Salem, OR 97301-2552
(503) 373-1265
How to Obtain More Information: The decision is available for review, and a copy may
be obtained at cost at the following address:
City of Lake Oswego
Planning Department
Lake Oswego City Hall
PO Box 369
380 A Avenue
Lake Oswego, OR 97034
Phone (503) 697-6591
Or call
Paul Espe, Associate Planner
Phone (503) 697-6577
To Learn More About the Effective Date of an Annexation
Once the City of Lake Oswego has been notified that the Secretary of State has filed
the documents (generally 3 to 4 weeks from the City Council’s decision), the effective
date of the annexation will be posted to the City’s web site at:
https://www.ci.oswego.or.us/citycouncil/22-0014-13733-knaus-road
For additional information on the effective date, you may also contact:
Iris McCaleb
City of Lake Oswego – Planning Division
503/697-6591 or by e-mail at imccaleb@ci.oswego.or.us
Ordinance 2913, AN 22-0014
(21E04DB02400) EXHIBIT A-1/PAGE 1 OF 3
ORDINANCE 2913
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.60
ACRES AT 13733 KNAUS ROAD; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO
LOC 50.01.004.5.a - .c; AND REMOVING THE TERRITORY FROM CERTAIN DISTRICTS (AN 22-
0014).
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, 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 southeast quarter of Section 4, Township 2 South, Range 1
East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, said tract
being all that certain property conveyed to Lawrence E. Bruss and Gwen G. Bruss, by Bargain
and Sale Deed recorded November 21, 2012 in the Official Records of Clackamas County, as
Recording No. 2012-076954; said tract of land being more particularly described as follows:
Effective Date: February 2, 2023
Ordinance 2913, AN 22-0014
(21E04DB02400) EXHIBIT A-1/PAGE 2 OF 3
Beginning at the northeast corner of Partition Plat No. 2003-03, plat records of Clackamas
County, said point being common to the northwest corner of Verte Ridge (Plat No. 2178), plat
records of Clackamas County; as described in said Recording No. 2012-076954, said point also
being East, 600.99 feet from the southeast corner of Lot 48, Forest Hills Acres (Plat No. 598),
plat records of Clackamas County; said course being along the southerly line of a tract of land
conveyed to James B. Jones and Cora M. Jones, recorded April 20, 1943 in the Official Records
of Clackamas County, as Book 306, Page 59;
Thence North 0°15’ East, 195.5 feet to a point being S 0°15' W (South - deed record), 20 feet
from the east-northeast corner Parcel I of that certain tract of land conveyed to Douglas V. Hall
and Marybelle B. Hall, by Special Warranty Deed – Statutory Form, recorded May 8, 1984 in the
Official Records of Clackamas County, as Recording No. 84-15198;
Thence West, 110 feet;
Thence North 0°15’ East, 235.5 feet to the south right of way line of Knaus Road (County Road
No. 676), said point being 20.00 feet southerly of the centerline thereof, when measured at
right angles;
Thence West along said south right of way line, 10 feet;
Thence leaving said south right of way line, South 0°15 West, 431 feet to the southerly line of
the said Jones tract of land;
Thence East along said southerly line, 120 feet, more or less, to the point of beginning.
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
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
Section 4. In accordance with LOC 50.01.004.5, the City zoning designation of R-15 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. Effecti�e Date af Annexation. Following the #iling af the annexation recards with
the 5ecreCary of 5tate as required by �RS 222.177, this annexation s#�all be effective uporr the
later of eitl�er:
1. the 3�;f' day falNowing the date of adaptiQn �f this ard�nance; or
�, the date of filirsg af the annexatian recards with the Secretary of State.
Pro�ided, howe�er, that pursuant to �RS 2�2.D�40{2}, if t�e effecti�e date of#he annexation as
esta�lished a�ave is a date that is within 9�days of a biennial primary ar generai ei�ction or
after the deadtine for filing notic� af electian �efore any othe�-efecti�r� held by any city, district
or otFrer municipal eorparati�r� in�olved in the area to be annexed, the annexatian shafl
�e�am� �ffective on the day after the electiQn.
Read by title aniy and enacte�f at the regular meeting of the City C�unci� ❑f the City of�ake
�5wego heid an January 3rd, 2�23.
AYES: Mayar Buck, Carrigan, Wendland, Mb�up, Verdicic, Rapf, Afghan
N�ES: Nane
ABSTAIN: Nane
ExCUSE�: None
� l �.,`
Jaseph . 8uck, Mayar
L����.3
bated
AT�fEST:
� .
Kari Linde , City Recorder
APPROVE�A5 7Q FORM:
�
�.��-- ��==��
Evan Boone, City Attorney Pro Tem
Ordinance 2913,AN �2-��14
{�1E040B�24a0J EXHIBIT A-1�PAG�3 Q�3
17
5
1
13855
13851
13841
13831
1382
1
1
3
8
2
0
13
8
3
0
13840
13850
14120
1410014101
14121
14145
14151
11
1
1
14
0
1
15
0
1
15
0
5
16
0
1
15
0
2
15
9
0
16
0
4
14080
13961
13881
13
7
3
1
13
7
4
5
1
3
7
5
1
13
7
4
6
13
7
3
0
13
7
3
3
13
7
9
0
13
7
6
0
13
7
5
0
13
7
4
0
13
7
8
0
13
7
5
6
13
7
6
8
13
8
0
1
13795
13701
13781
13741
13699
13501
13611 13615
13
7
1
0
13
7
5
5
13680
13700
13
7
2
8
13
7
4
4
142
1
5
142
2
0
14
9
5
13
7
6
4
13
7
3
1
13
7
8
3
137
7
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1
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7
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13
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(KNAUS)
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Annexation to the City of Lake Oswego
AN 22-0014/Ordinance 2913
11/10/2022
Lake Oswego
City Limits
Subject
Property
PNA
R-15
Attachment A
Tax Lot IDs:21E04DB02400
City of Lake Oswego:
COMPREHENSIVE PLAN = R-15, Residential Low Density
ZONING = R-15, Residential Low Density
Clackamas County:
ZONING = R-15, Residential Low Density
R-10
0 100 200 300 400
Feet
Ordinance 2913 (AN 22-0014) 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 2913 (AN 22-0014) ATTACHMENT B/PAGE 2 OF 11
of real property in the territory to be annexed. The property owner has 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.
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 owner, who is
also the only elector 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 owner, who is the
only elector, has 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
owner has consented to the annexation on the annexation petition, meeting the consent
requirements of ORS 222.125. The annexation petition complies with the Metro code requirements.
Ordinance 2913 (AN 22-0014) 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 parties and other persons entitled to notice by the laws
of the city or Metro. The notice shall state that the petition is subject to the expedited
process unless a necessary party1 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 owner, who is also the
only elector, has 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, 2022 more than 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 2913 (AN 22-0014) 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 crossing the flag pole portion of the site and is approximately eight-
feet in depth. Upon connection to the City collection line, the existing septic tank on the
property will need to be decommissioned per DEQ standards. The sewer line has been
installed and maintained in accordance with the provisions of the City’s Wastewater Master
Plan.
Ordinance 2913 (AN 22-0014) ATTACHMENT B/PAGE 5 OF 11
Water System Master Plan: Water is available from a six-inch and a two-inch City water main
located in Cameo Court along the site frontage. The existing water service and meter serving
this site is connected to the two-inch water main. The closest fire hydrant is located
approximately 110 feet north of the site along the east side of Knaus Road. Future extension
of water lines, if needed would be constructed and maintained in accordance with the City’s
Water System Master Plan. The water line has been installed and is being maintained in
accordance with the provisions of the City’s Water System 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
Knaus Road.
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. Knaus Road is identified
as a Neighborhood Collector in the City’s Transportation System Plan. It is under the
jurisdiction of the City of Lake Oswego. The nearest mass transit service is Tri-Met bus line
78, which operates between downtown Lake Oswego and the Tigard and Beaverton Transit
Centers. Service can be accessed at the intersection of Knaus Country Club Roads.
Annexation of this property is consistent with future roadway improvements identified in
this plan.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map: This property is currently designated R-15, Low Density
Residential on Clackamas County’s Comprehensive Plan and Zoning Maps. It is designated
Low Density Residential, R-15 on the City’s Comprehensive Plan Map. Upon annexation, a
City zoning designation of R-15 will be applied to this property.
The City and County have coordinated their comprehensive plans within the Dual Interest
Area outlined in the City/County Urban Growth Management Agreement (dated February 4,
1992 and updated November 18, 1997), hence the City/County designations have been
determined to be compatible. The proposed zoning designation of R-15 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:
Ordinance 2913 (AN 22-0014) ATTACHMENT B/PAGE 6 OF 11
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 0.60 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 Main Fire station on
300B Avenue, located southeast of the site, would be able to respond to emergencies under
the eight-minute goal established in the Comprehensive Plan.
Police: Upon annexation, this property will be withdrawn from the Clackamas County
Enhanced Sheriff’s Patrol District and served by the City of Lake Oswego. The Lake Oswego
Police Department reviewed the proposal and indicated that it does not have any concerns
with serving this property upon annexation.
Parks and Open Space: The City has 629 acres of park and open space lands, or 14.6 acres
per 1,000 population. The parks nearest to these properties are Tryon Creek State Natural
Park, Woodmont Park, Springbrook Park and Iron Mountain Park. The City’s park system will
not be overburdened by any additional population annexed to the City with this application.
Ordinance 2913 (AN 22-0014) ATTACHMENT B/PAGE 7 OF 11
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 require that all minor or major 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 this property upon minor or major development.
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 within the
Ordinance 2913 (AN 22-0014) ATTACHMENT B/PAGE 8 OF 11
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-15. The City Comprehensive plan
and corresponding Zone Map designation of R-15 provides an equal amount of housing
density to the R-20 Clackamas County residential zoning designation for this lot. If this
property was to be redeveloped, the zoning would not allow any additional residential units
(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.
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 22-0014 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-15 zone is proposed to be applied consistent with (matching) the R-15 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
Ordinance 2913 (AN 22-0014) ATTACHMENT B/PAGE 9 OF 11
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-15 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 22-0014.
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.
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.
Ordinance 2913 (AN 22-0014) ATTACHMENT B/PAGE 10 OF 11
“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).
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).
CONCLUSION:
Based on the criteria and findings set forth above, the City Council concludes that AN 22-0014
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;
Ordinance 2913 (AN 22-0014) ATTACHMENT B/PAGE 11 OF 11
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.