HomeMy WebLinkAboutAgenda Item - 2023-04-18 - Number 8.1 - Ordinance 2925, Annexing 13237 Knaus Road (AN 23-0003) 8.1
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Subject: Ordinance 2925, Annexing property at 13237 Knaus Road; AN 23-0003
Meeting Date: April 18, 2023 Staff Member: Paul Espe, Associate Planner
Report Date: April 5, 2023 Department: Community Development Department
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑X Approval — Planning Commission
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments: The Council held a public hearing on April
❑ Council Direction 4, 2023 and tentatively approved the annexation.
❑ Consent Agenda
Staff Recommendation: Enact Ordinance 2925.
Recommended Language for Motion: Move to enact Ordinance 2925.
Project/ Issue Relates To: Annexation of Property
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Comprehensive Plan ❑X Not Applicable
BACKGROUND
Owner/Applicant Vivek and Meenakshi Dogra,Trustees initiated annexation of approximately
0.98 acres of residential land to the City at 13237 Knaus Road. The Council held a public hearing
upon the petition for annexation on April 4, 2023. See Council Report dated March 15, 2023.
DISCUSSION
At the public hearing, written testimony (Exhibits F-1— F-3) was received from Jeanne and
Charles Lemux, of the Lemieux Family Trust (collectively "Lemux"), owner of nearby property at
13092 Amber Place (21E04BA02500 and 21E04BA02600), expressing concern that annexation
would affect the rights and obligations regarding an easement that benefits the Lemux
property. Staff advised that the annexation does not affect the legal rights and obligations of
parties to an easement, and that no annexation criteria was relevant to the Lemux testimony.
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Page 2
The Council voted to tentatively enact Ordinance 2925 and direct staff to present findings and
conclusions finalizing the Council's tentative approval on April 18, 2023.
AYES: Mayor Buck and Councilors Mboup, Wendland, Verdick, and Rapf
NOES: None
ABSTAIN: None
EXCUSED: Councilors Afghan, and Corrigan
Attachment C to Ord. 2925 has been prepared as supplemental findings to address the Lemux
testimony (Exhibits F-1— F-3), finding and concluding that the existence of an easement upon
the subject territory does not affect any annexation criteria.
Note: If Councilors Afghan and Corrigan wish to participate in the consideration of Ord. 2925,
they must review the record (all exhibits and video of the April 4, 2023 Council meeting1),
declare that they have done so, and state any ex parte contacts, bias or financial conflict of
interest.
ALTERNATIVES
The Council may approve the Finding and Conclusions (Attachments B and C to Ord. 2925) or
direct staff to make modifications and return with amended Findings and Conclusions.
RECOMMENDATION
Enact Ord. 2925, which approves the Findings and Conclusions as presented.
ATTACHMENTS
A. Draft Ordinance
A-1 Ordinance 2925 (Draft 04/05/23)
Attachment A: Map of Proposed Annexation, 02/01/23
Attachment B: Criteria, Findings, Conclusion and Effective Date, 03/15/23.
Attachment C: Supplemental Findings and Conclusions
1 Public hearing video is at 2:10:07—2:19:27 https://www.youtube.com/watch?v=akW5TQJV1sk
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ATTACHMENT A-1
ORDINANCE 2925
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.98
ACRES AT 13237 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 23-
0003).
WHEREAS, annexation to the City of Lake Oswego of the territory shown in the map in
Attachment "A" and described below, would constitute a contiguous boundary change under
ORS 222.111, initiated by petition from the property owners as outlined in ORS 222.111(2); and,
WHEREAS, the City has 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 3.09.050.
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 4, Township 2 South, Range 1
East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, said tract
being all that property conveyed to Meenakshi Dogra and Vivek Dogra, Trustees, by Warranty
Deed recorded November 14, 2017 in the Official Records of Clackamas County, as Recording
No. 2017-077479; said tract of land more particularly described as follows:
Ordinance 2925,AN 23-0003
(21E04BA02800) Page 1 of 3
Beginning at a point being common to the northwest corner of said Dogra tract, and the
northeast corner of Mission Commons (Plat No. 4498), plat records of Clackamas County, said
point also being South 88°35'30" East, 204.19 feet from the most easterly-northeast corner of
Lot 40, Forest Hills Acres (Plat No. 598), plat records of Clackamas County, as described in said
Recording No. 2017-077479;
Thence South 88°35'13" East, 192.85 feet, more or less, to the northwest corner of that tract of
land conveyed to City of Lake Oswego, a municipal corporation, by Warranty Deed recorded
September 25, 1981 in the Official Records of Clackamas County, as Recording No. 81-33298;
Thence South 0°14'36" West, 224.83 feet, more or less, along a line being common to the
easterly line of said Dogra tract, and the westerly line of said City of Lake Oswego tract, to the
southerly line of that tract of land described in Recording No. 75-14171, Official Records of
Clackamas County;
Thence North 89°00' West, 192.11 feet, more or less, to a point being common to the
southwest corner of said Dogra tract, and the southeast corner of said Mission Commons;
Thence northerly, 226.20 feet, more or less, along a line being common to the westerly line of
said Dogra tract, and the easterly line of said Mission Commons 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
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-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.
Ordinance 2925,AN 23-0003
(21E04BA02800) Page 2 of 3
b. Effective Date of Annexation. Following the filing of the annexation records with
the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the
later of either:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
or other municipal corporation involved in the area to be annexed, the annexation shall
become effective on the day after the election.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on April 18, 2023.
AYES:
NOES:
ABSTAIN:
EXCUSED: Verdick
Joseph M. Buck, Mayor
Dated
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2925,AN 23-0003
(21E04BA02800) Page 3 of 3
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ATTACHMENT B
Criteria, Findings,Conclusion,and Effective Date
APPLICABLE CRITERIA:
A. Oregon Revised Statutes (ORS), Boundary Changes; Mergers and Consolidations.
1. ORS 222.111(2) -Annexation of Contiguous Territory,Authority and Procedure for Annexation,
Generally.
2. ORS 222.120 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. 3.09.050- 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 this property have petitioned the City for this annexation.The proposed
annexation complies with this statute.
The property is actually owned by the Meenakshi Dogra Trust u/a dated November 10,2017,and its two trustees have
executed the petition for annexation. For ease of reference, reference to"owners"shall be to the two trustees.
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 1 OF 10
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 Farm. A
notice was also posted on the site on March 15, 2023.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, 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 3.09.030- 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', 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
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 this property on March 15, 2023), and by publishing
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 2925 (AN 23-0003) ATTACHMENT B/PAGE 2 OF 10
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, and the electors on
this property, 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 this property are the
applicants and have therefore 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
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, which is limited to residents of a defined
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 3 OF 10
portion of the Lake Grove Area.
The agreement states that the annexation of property by the City within the Lake Grove Area (which
funds the swim park) shall not cause the withdrawal of this property from the School 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.This property is 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 planning 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 is located in Country Commons that currently terminates at the
southwest corner of the site.The property owner would not be required to connect to the city sewer
system unless the septic system has failed or the property is redeveloped with a minor or major
development. (LOC 38.18.305; LOC 50.07.003.14.d.ii and .15.d.ii; LOC 50.06.008.3.f). The sanitary
sewer service that would potentially serve this property could be provided in a manner that is
consistent with the Wastewater Master Plan. Upon connection to a city sewer line, the existing
septic tank on the property will need to be decommissioned per DEQ standards.
Water System Master Plan:Water is available from an eight-inch City water main located within
Country Commons along the site frontage. 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.The nearest fire hydrant is located approximately 240 feet south of the site on the east
side of the roadway. 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.
Clean Streams(Stormwater) Plan:There are no public stormwater systems in the vicinity of this
property. 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 50.06.006 and LOC Art. 38.25), consistent with the Clean Streams (Stormwater) Plan. No
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 4 OF 10
new impervious surfaces will be proposed as part of this annexation.
Transportation (Statewide Planning Goal 12): The City's 2015 Transportation System Plan (TSP)
implements the multi-modal transportation system that will meet the needs of the city for a 20-year
planning horizon. Country Commons is identified in the city's TSP as a local street and is under the
jurisdiction and permitting authority of the City of Lake Oswego.
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 property.
Future roadway construction to serve future development, will be constructed and maintained in
accordance with the City's TSP.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map:This property is currently designated Low Density Residential and R-10 on
Clackamas County's Comprehensive Plan and Zoning Maps. It is designated R-10 (Low Density
Residential) on the City's Comprehensive Plan Map.As required by LOC 50.01.005.5, upon
annexation, a City zoning designation of R-10 will be automatically 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-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."This
property 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 0.98 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 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 this 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 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 this property by
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 5 OF 10
agreement with the City. Upon annexation, this property will be withdrawn from this Fire District and
served directly by the City.
The Main fire station on 300 B 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.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.The City's park system will not
be overburdened by any additional population annexed to the City with this application.
Lake Grove School District(Lake Grove Swim Park):The Lake Grove Swim Park is operated by the Lake
Oswego School District and located at 3800 Lakeview Boulevard.The swim park is approximately 1.3
acres in size with restroom, play and swim facilities.This property is within the Lake Grove Area that
is permitted use of the Lake Grove Swim Park, and the property will remain so 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/ LOC 50.07.003.14. d. ii
and .15. d. ii requires that all minor and 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 major or minor development.
In the event that future development occurs, an applicant for development is obligated to construct
all necessary public facilities to serve their 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
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 6 OF 10
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-10.The City Comprehensive plan and corresponding Zone Map designation of R-10
provide an equal amount of housing density to the Clackamas County R-10 residential zoning
designation. If this property was to be redeveloped,the City R-10 zoning would allow four 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).
Note: Additional dwelling units would be permitted if developed as middle housing. 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 23-0003 is non-discretionary because the zoning is prescribed by the
City of Lake Oswego Comprehensive Plan.
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
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 7 OF 10
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-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 23-0003.
Urban Growth Management Agreement
General Urbanization Policy 4.A.4 of the Clackamas County Comprehensive Plan calls for the
establishment of Urban Growth Management Areas and Urban Growth Management Agreements to
clarify planning responsibilities between the County and cities for areas of mutual interest. Policy
4.A.5 directs the County to establish agreements with cities and service districts to clarify service and
infrastructure responsibilities for areas of mutual interest.
Similarly, the Lake Oswego Comprehensive Plan, Urbanization Chapter, Policy D-3, calls for entering
into and maintaining an Urban Growth Management Agreement (UGMA) with Clackamas County for
lands within the Urban Services Boundary.
In furtherance of these policies,the City and County have entered into an Urban Growth
Management Agreement that stipulates a mutual interest in coordinated land use planning,
compatible comprehensive plans and provision of urban services and facilities.
This agreement ensures 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 3.09.030(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
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 8 OF 10
County is a "necessary party" under the Metro Code definition and was notified on March 15, 2023,
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).
Country Commons is identified in the City's Transportation System Plan as a local street and is under
the jurisdiction and permitting authority of the City.
f. Any applicable concept plans
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 this property to existing City services will allow this annexation to promote the
timely, orderly and economical extension of public facilities and services.This property 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 Metro Urban Growth Boundary (UGB).
CONCLUSION:
Based on the criteria and findings set forth above,the City Council concludes that AN 23-0003 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:
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 9 OF 10
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State;
provided however that pursuant to ORS 222.040(2), if the effective date of the annexation as established
above is a date that is within 90 days of a biennial primary or general election or after the deadline for filing
notice of election before any other election held by any City, district or other municipal corporation involved
in the area to be annexed,the annexation shall become effective on the day after the election.
Ordinance 2925 (AN 23-0003) ATTACHMENT B/PAGE 10 OF 10
ATTACHMENT C
SUPPLEMENTAL FINDINGS—EXHIBITS F-1—F-3
1. LEMUX EASEMENT CONCERN (Exhibits F-1— F-3)
The Council received testimony (Exhibits F-1— F-3) from Jeanne and Charles Lemux, of
the Lemieux Family Trust (collectively "Lemux") regarding an asserted 10-foot wide easement
for road purposes located along the southern boundary of Lemux's 13092 Amber Place
(21E04BA02500 and 21E04BA02600) property. Lemux asserts that the easement burdens the
subject property and benefits the Lemux property. Lemux states that "this easement must be
maintained when providing the Annexation of 13237 Knaus Road which borders and is located
on the south side of this easement." (Exhibits F-1— F-3). Lemux does not identify any
applicable annexation criteria on this issue.
Staff advised the Council that annexation does not affect the private property rights of
parties to an easement upon annexed property, and Lemux does not present any contrary legal
argument.
The Council notes that countless properties have been annexed over the years and
undoubtedly some of the properties had easements of some nature upon them. No one has
previously asserted that an annexation would or did alter the private property rights of the
property benefited by an easement upon property annexed. The Council is informed and
believes that the rights and obligations of parties by easements on property are not altered by
annexation to the City. The Council finds and concludes that the existence of an easement
upon the subject territory does not affect any annexation criteria.
AN 23-0003 (Ordinance 2925) ATTACHMENT C/PAGE 1 OF 1
EXHIBIT F-1
From: Linder,Kari
To: Esoe,Paul; McCaleb,Iris
Subject: FW: Comment on Agenda item 10.3
Date: Tuesday,April 4,2023 8:23:06 AM
Attachments: LO Quasi-judicial public hearing 13237 Knaus Rd.docx
EPSON004.PDF
Comments received on Annexation AN 23-0003.
Kari Linder
City Recorder I City Manager's Office
City of Lake Oswego
PO BOX 3691380 A Avenue l Lake Oswego OR 97034
503-534-4225
Respect. Excellence.Trust. Service
From: CHARLES LEMIEUX<cjlemieux3@comcast.net>
Sent:Tuesday, April 4, 2023 8:16 AM
To: Linder, Kari <klinder@ci.oswego.or.us>
Subject: Re: Comment on Agenda item 10.3
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Please find attached the following:
Written Testimony With Attachments by Jeanne and Charles Lemieux
The Lemieux Family Trust
Tax Lot 2500 and 2600
13092 Amber Place
Lake Oswego, OR
Re: Potential Annexation of Territory
13237 Knaus Road (21E048BA02800)
Owners/Applicants: Vivek and Meenakshi Dogra
AN 23-0003 EXHIBIT F-1/PAGE 1 OF 4
To: Lake Oswego City Council
City of Lake Oswego
380 A Avenue
PO Box 369
Lake Oswego, OR
From: Jeanne and Charles Lemieux
Lemieux Family Trust
Tax Lot 2500 and 2600
13092 Amber Place
Lake Oswego, OR
Date of Quasi-Judicial Public Hearing: Tuesday, April 4, 2023 at 5:30PM
Re: Potential Annexation of Territory
13237 Knaus Road (21E04BA02800)
We are submitting written comment regarding the above application in order that our concerns
can be voiced and recorded. It is our intention to alert the City Council that the Tax Lot 2600
(Parcel II) In our Deed (Attachment 1) indicates the following:
PARCEL II:
An easement for road purposes to be used in common with others over and across part of Section 4,Township 2
South,Range 1 East of the Willamette Meridian in Clackamas County, Oregon described as following:
BEGINNING at an iron pipe in the West line of the County Road,known as Knaus road, said iron pipe is South
548.89 feet and East 1363.60 feet from the Northwest corner of the Josiah Franklin D.L.C.No. 43, in Section 4,
Township 2 South,Rangel East,of the Willamette Meridian: thence North 80 35' 30"West a distance of 550,00
feet:thence South 10.00 feet:thence south 88 35' 30"East paralleling and 10.00 feet from the said North line first
herein described a distance of 550.00 feet to an iron pipe in the West line of Knaus Road;thence North 0 00' 30"
West and tracing said West line of Knaus Road 10.00 feet to the point of beginning.
A Record of Survey (Attachment 2) was submitted to Clackamas County in March of 1980 and is
on the County website. In April 2021, Weddle Surveying Inc. researched, verified and identified
this appurtenant easement.
We wish to have on record that this easement must be maintained when providing the
Annexation of 13237 Knaus which borders this easement.
We are in attendance at the Quasi-Judicial Public Hearing if the Lake Oswego Council has any
questions regarding the above.
AN 23-0003 EXHIBIT F-1/PAGE 2 OF 4
WARRANTY DEED --STATUTORY FORM
(INDIVIDUAL or CORPORATION)
FRANCES B. FOSTER
Grantor,conveys and warrants to Charles E. Lemieux and Jeanne E. Lemieux, husband & wife
Grantee,the following described real properly free of encumbrances except as specifically set forth herein:
PARCEL I:
Part of the Josiah Franklin D. L. C. No. 43, in Section 4, Township 2
South, Range 1 East, of the Willamette Meridian, in Clackamas County,
Oregon , described as follows:
BEGINNING at a point in the East line of the Northwest one-quarter of
Section 4, Township 2 South, Range 1 East, of the Willamette Meridian,
583. 99 feet Southerly from the one-quarter corner on the North line of
'NJ Thisi said Section 4, said point being also on the Northerly line of the bleland
I use I: Josiah Franklin D. L. C. ; thence North 88° 35' 30" West and tracing said le to the
prop( Northerly line a distance of 304 feet to the Northeast corner of that es.
Enclur tract of land conveyed to Thomas D. Holder, et ux, by Deed Recorded in k 257 ,
p age 6 Book 449, Page 650, Clackamas County Deed Records; thence South 0° 03' d August
e 1, l 9 East 326. 85 feet to the Southeast corner of said Holder Tract and the
true point of beginning; thence continuing South 0° 03' East 188. 15 feet
to the North line of the easement reserved by the Oregon Iron and Steel
Company and described in Deed to C. C. Hofele, et ux, Recorded April 29,
1954, in Book 481 , Page 7, Clackamas County Deed Records; thence West
Thetl irements
along the North line of said easement a distance of 284 feet; thence
�- ofO R North 0° 03' West a distance of 188. 15 feet to the Southwest corner of
said Holder Tract; thence South 88° 35' 30" East along the South line of
wDated said Holder Tract, 284 feet to the true point of beginning. s name to
be•sig
"1 / PARCEL II:
F a An easement for road purposes to be used in common with others over and
across part of Section 4, Township 2 South, Range 1 East, of the Willamette
STATE Meridian, in Clackamas County, Oregon, described as follows: )ss,
C,
BEGINNING at an iron pipe in the West line of the County Road, known as and
Pf Knaus Road, said iron pipe is South 548. 89 feet and East 1363. 60 feet uiysworn,
from the Northwest corner of the Josiah Franklin D. L. C. No. 43, in aris
Section 4, Township 2 South, Range 1 East, of the Willamette Meridian; ter is the
thence North 88° 35' 30" West a distance of 550. 00 feet; thence South
menttc 10. 00 feet; thence South 88° 35' 30" East paralleling and 10. 00 feet id instrument
from the said North line first herein described a distance of 550. 00 dot directors;
feet to an iron pipe in the West line of Knaus Road; thence North 0° 00' (ntary act and
f ( 30" West and tracing said West line of Knaus Road 10. 00 feet to the
point of beginning.
Notify. 433
05
My comrnisgon
'.,,, (3 �•r. ' Notary Public for Oregon
•
My commission expires:
If the consideration consists of or includes other property or value,add the following:
"The actual consideration consists of or includes other property or value given or promised which is part of the whole consideration(indicate which)".
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EXHIBIT F-2
From: Linder,Kari
To: McCaleb.Iris
Subject: FW: Further information on Easement for Tax Lot 2500(21E04BA2500)
Date: Tuesday,April 4,2023 12:20:39 PM
Attachments: EPSON006.PDF
Kari Linder
City Recorder City Manager's Office
City of Lake Oswego
PO BOX 3691380 A Avenue Lake Oswego OR 97034
503-534-4225
Respect.Excellence.Trust. Service
From: CHARLES LEMIEUX<cjlemieux3@comcast.net>
Sent:Tuesday,April 4, 2023 12:10 PM
To: Espe, Paul <pespe@ci.oswego.or.us>
Cc: Linder, Kari <klinder@ci.oswego.or.us>
Subject: Further information on Easement for Tax Lot 2500 (21E04BA2500)
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Find attached mapping attached to
Notice of Public Hearing
Development Review Commission
March 7,2016
AN 23-0003 EXHIBIT F-2/PAGE 1 OF 2
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EXHIBIT F-3
From: cjlemieux3@comcast.net<cjlemieux3@comcast.net>
Sent:Tuesday, April 4, 2023 11:52 AM
To: Espe, Paul <pespe@ci.oswego.or.us>
Cc: Linder, Kari <klinder@ci.oswego.or.us>
Subject: Photos of survey markings for Tax Lot 2500 of Easement
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CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or
clicking links,especially from unknown senders.
These photos give a clear view of the easement drive to properties. The Weddle Surveyling Inc. markings are
clearly visible on these photos taken in March,2021 and September,2021.
Sent from my iPad
AN 23-0003 EXHIBIT F-3/PAGE 2 OF 2