HomeMy WebLinkAboutAgenda Item - 2025-04-01 - Number 06.2 - Ordinance 2957, Annexing 16523 Bonaire Avenue (AN 24-0006) 6.2
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Subject: Ordinance 2957, Annexing property at 16523 Bonaire Avenue (AN 24-0006)
Meeting Date: April 1, 2025 Staff Member: Paul Espe, Associate Planner
Report Date: March 12, 2025 Department: Planning and Building Services
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments: This annexation is being processed under
❑ Council Direction an expedited review provided under Metro Code
❑X Consent Agenda 3.09.045.
Staff Recommendation: Enact Ordinance 2957.
Recommended Language for Motion: Move to enact Ordinance 2957.
Project/ Issue Relates To: Annexation of residential property to the City.
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑Z Not Applicable
EXECUTIVE SUMMARY/BACKGROUND
The proposed annexation is owner-initiated and will result in the addition of approximately 0.23
acres of residential land to the City. This annexation is being processed as an expedited review
provided under Metro Code 3.09.045 because 100% consent of all owners has been obtained
and no right-of-way is included in the territory to be annexed. This Council report describes the
reasons for the annexation and provides basic background information. The criteria for
approving annexations and findings in support of this annexation are included in Attachment B
of Exhibit A-1 (Ordinance 2957).
Applicant/Property Owners: Sean and Anne Kilpatrick
Location/Size:The subject property consists of 0.23 acres (10,164 square feet) and is located on
the west side of Bonaire Avenue, approximately 700 feet north of the intersection of Bonaire
Avenue and Washington Court.
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
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Existing Land Use: Tax Map/Lot 21E07DCO2200 is occupied by a single-family dwelling and takes
access from Bonaire Avenue.
Neighborhood: The property is located within the Lake Forest Neighborhood Association.
Purpose of Annexation:The property owners initiated the annexation to connect to city
sanitary services due to a failing septic system.
Plan and Zone Designation: The subject property is currently under Clackamas County's
jurisdiction and zoned Low Density Residential (R-8.5). It is designated R-7.5, Low Density
Residential on the City of Lake Oswego Comprehensive Plan Map and will be zoned R-7.5 upon
annexation.
Development Potential: This is a 0.23-acre parcel. Based on the size and shape of the parcel,
the property could not be further divided, but could be developed to the density allowed under
the middle housing standards.
Sensitive Lands: There are no Sensitive Lands designated on the property.
Statewide Goal 10 and Complete Neighborhoods and Housing
Statewide Goal 10 Housing
City Comprehensive Plan Complete Neighborhoods and Housing Chapter
Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing chapter in the City's
Comprehensive Plan) ensures the opportunity to provide adequate numbers of needed housing
units, the efficient use of buildable land within urban growth boundaries, and to provide greater
certainty in the development process so as to reduce housing costs.
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
Staff has provided findings (Exhibit A-1,Attachment B) that the proposed annexation and
designation of City R-7.5 zoning are consistent with the Comprehensive Plan and Map, and will
help to meet the City's housing needs as identified by the Housing Needs Analysis (HNA). The
proposal would provide the opportunity for needed housing as identified in the HNA, is
consistent with the Comprehensive Plan, and therefore complies with Goal 10. (See Attachment
B for the complete findings under Goal 10).
Sewer and Water Service: Sanitary sewer service is available from an 8-inch sewer main located
in Bonaire Avenue along the site frontage. This sanitary sewer main was recently constructed
with two land use partition projects in the City of Lake Oswego (LU 17-0059 and LU 17-0060).
Note: The Engineering Staff has preliminarily commented by memo on the development
standards that would apply for the possible future property development, which will be
prepared as a part of the preapplication conference for any future property development.
Water: The property is served by the Lake Grove Water District. There is a Lake Grove Water
District water main located in Bonaire Avenue along the site frontage. The nearest existing fire
hydrant is located approximately 150 feet south of the site at the southeast quadrant of the
intersection of Bonaire Avenue/West Sunset Drive. This property will be withdrawn from the
LGWD and will be served by the City.
Surface Water Management: Once the property is annexed, the territory will be subject to the
City's stormwater management regulations. Any new development will be subject to these
provisions, which ensure that new development does not have an adverse effect on adjoining
properties and does not overburden the City stormwater system.
Service Districts: Upon annexation and by operation of ORS 222.520, the property will be
withdrawn from the Lake Grove Fire District#57 (per July 2003 urban service agreement; no
bonded debt), the Lake Grove Water District (no bonded debt), the Surface Water Management
Agency of Clackamas County (no bonded debt), and the Clackamas County Enhanced Sheriff's
Patrol District (no bonded dept), but will remain in the Lake Grove Park District (per the July
2003 urban service agreement), and the Library District of Clackamas County (per the 2009
County IGA) (no bonded debts for these Districts).
Transportation: The City's Transportation System Plan (TSP) implements the multi-modal
transportation system that will meet the needs of the city for a 20-year planning horizon.
Bonaire Avenue is identified as a local street in the City's Transportation System Plan. Although
the portion of this roadway along the frontage of this property has been annexed to the city, it
remains under the maintenance jurisdiction of Clackamas County. The road maintenance
jurisdiction will not be transferred to the City until it is appropriate to complete a road transfer
process with the County in the future. Tri-Met Line 37 provides service on Boones Ferry Road to
the transfer station in the City of Tualatin.
The draft findings provided in Attachment B of Exhibit A-1 conclude that the proposed
annexation complies with all applicable State statutes and Metro code requirements.
FISCAL IMPACT
The estimated assessed value of the residential property is $413,743. The estimated tax
revenue after the lot is annexed is $1,070.
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 4
RECOMMENDATION
Approve AN 24-0006 (Ordinance 2957).
EXHIBITS
A. Draft Ordinance
A-1 Ordinance 2957 (Draft 03/12/25)
Attachment A: Map of Proposed Annexation, 02/12/25
Attachment B: Criteria, Findings, Conclusion, and Effective Date, 03/12/25
B. Minutes
None.
C. Staff Reports
None.
D. Graphics/Plans
None.
E. Written Materials
E-1 Housing Needs Analysis 2023 (Oregon Statewide Planning Goal 10;
Comprehensive Plan excerpt, 09/21/23)
(due to size, use link below to view this exhibit)
LINK TO PUBLIC RECORDS FOLDER FOR THIS CASE
https://www.ci.oswego.or.us/WebLink/Browse.aspx?id=2873051&repo=CityOfLakeOswego
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503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
EXHIBIT A-1
ORDINANCE 2957
AN ORDINANCE ANNEXING TO THE CITY OF LAKE OSWEGO ONE PARCEL, CONSISTING OF 0.23
ACRES AT 16523 BONAIRE AVENUE; DECLARING CITY OF LAKE OSWEGO ZONING OF R-7.5
PURSUANT TO LOC 50.01.004.5(a-c); AND REMOVING THE TERRITORY FROM CERTAIN
DISTRICTS (AN 24-0006).
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(2), 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 territory lies within the Lake Grove Fire District #57 district boundaries and the
district has no bonded debt, and pursuant to the July 2003 urban service agreement between
the City and the district, the City elects ORS 222.520(2)(b), and the territory shall be withdrawn
from that district immediately upon approval of the annexation; and,
WHEREAS, the territory lies within the Clackamas County Enhanced Sheriff's Patrol District
boundaries, which serves unincorporated property within Clackamas County, and the district
has no bonded debt, the City elects ORS 222.520(2)(b), and the territory shall 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 and the district has no bonded debt, the city elects ORS 222.520(2)(b) and
the territory shall be withdrawn from that agency immediately upon approval of the
annexation; and,
WHEREAS, the part of the territory that lies within the Lake Grove Water District and the
district has no bonded debt, the city elects ORS 222.520(2)(b) and per the 1994 IGA, the
territory shall 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(3)
and 222.125 for boundary changes, and Metro Code Sections 3.09.040(A) (1-4) and 3.09.045.
Ordinance 2957,AN 24-0006
(21E07DCO2200) EXHIBIT A-1/PAGE 1 OF 3
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 7, Township 2 South, Range 1
East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, and being a
part of Lot 193, Map of Bryant Acres Plat 3 (Plat No. 442), plat records of Clackamas County, said
tract of land being all that property conveyed to Sean and Anne Kilpatrick by Quitclaim Deed
recorded November 6, 2019 in the Official Records of Clackamas County, as Recording No.
2019-070389; said tract of land more particularly described as follows:
Beginning at a point at the intersection of the southerly line of said Lot 193 and the westerly
right of way line of Bonaire Avenue (Bonita Drive), said point being North 89°35' West, 20 feet
from the southeast corner of said Lot 193;
Thence North 89°35' West along the southerly line of said Lot 193, 140 feet;
Thence leaving said southerly line, North 0°16' West, 72.5 feet;
Thence South 89°35' East, 140 feet to the westerly right of way line of said Bonaire Avenue;
Thence South 0°16' East along said right of way line, 72.5 feet, more or less, to the point of
beginning.
The annexed territory is depicted on Attachment A.
Section 2. The above recitals are incorporated.
Section 3. 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 4. 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
Lake Grove Water District
Section 5. In accordance with LOC 50.01.004.5, the City zoning designation of R-7.5 shall be
applied to the subject property on the effective date of annexation, as shown on Attachment A.
Section 6. The City Council hereby adopts the findings of fact and conclusions set forth in
Attachment B in support of this annexation ordinance.
Ordinance 2957,AN 24-0006
(21E07DCO2200) EXHIBIT A-1/PAGE 2 OF 3
Section 7. Effective Dates:
a. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 35.C, this ordinance shall be effective on the 30th day after its enactment.
b. Effective Date of Annexation. Following the filing of the annexation records with
the Secretary of State as required by ORS 222.177, this annexation shall be effective upon the
later of either:
1. the 30th day following the date of adoption of this ordinance; or
2. the date of filing of the annexation records with the Secretary of State.
Provided, however, that pursuant to ORS 222.040(2), if the effective date of the annexation as
established above is a date that is within 90 days of a biennial primary or general election or
after the deadline for filing notice of election before any other election held by any city, district
or other municipal corporation involved in the area to be annexed, the annexation shall
become effective on the day after the election.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on the 1st day of April, 2025.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
Dated
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
Ordinance 2957,AN 24-0006
(21E07DCO2200) EXHIBIT A-1/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)Authority and Procedure for Annexation; Specifying Tax Rate in Annexed Territory.
2. ORS 222.120(1, 3) 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."
4. Policy D-3: "Enter into and maintain an Urban Growth Management Agreement with Clackamas
County for lands within the Urban Services Boundary to ... (g) "Promote orderly annexation of
territory."
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 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(1,3) 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.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 1 OF 10
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 the Operations
Center.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 is occupied by a single-family dwelling with two electors.
The property owners who are also electors residing on the property have 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 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.
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 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 "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 2957 (AN 24-0006) ATTACHMENT B/PAGE 2 OF 10
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 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 March 12, 2025, 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 March
12, 2025, no later than seven days prior to the public meeting.
The proposed annexation complies with the Metro Code.
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 Park 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.
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.This property is within the boundaries of the Lake Grove Fire
District#57 and the annexation will withdraw this property from that District.
The proposed annexation is consistent with these agreements.
b. Any applicable annexation plan adopted pursuant to ORS 195.205.
There are no applicable annexation plans adopted pursuant to ORS 195.205 relating to the affected
territory.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party.
There are no ORS 195.020(2) cooperative agreements (which relate to special districts) between the
City and a necessary party.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 3 OF 10
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(USB).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 an 8-inch sewer main located in
Bonaire Avenue along the site frontage.This sanitary sewer main was recently constructed with two
land use partition projects in the City of Lake Oswego (LU 17-0059 and LU17-0060).A minimum 4-
inch lateral would be required within the right-of-way to connect to the mainline, and a two-way
clean-out shall be positioned at the right-of-way line. A street opening permit will be required for
the sewer tap and work within the public right-of-way and a plumbing permit will be required for
on-site work.The on-site work will include decommissioning the existing septic tank (removal, or
filling with sand or gravel). All work would be done by private contractors.
A System Development Charge (SDC) will be due upon connection. A plumbing permit is required for
connection. Using the current Master Fees &Charges, as approved by the City of Lake Oswego
effective January 1, 2025,the Sewer SDC for a dwelling using a %-inch water meter is $3,607 (a 1-
inch water meter is$6,014).These fees and charges are adjusted at the beginning of each year.
The applicant shall also be put on notice that 16523 Bonaire Avenue is within the boundary of a
sanitary sewer zone of benefit, effective January 19, 2018,with an expiration date of January 19,
2043.The initial unit connection charge for this property was$6,727 in 2018. [Note:The unit
connection charge is adjusted annually to account for inflation and is due at the time of permit
issuance for connection to the public sanitary sewer. The applicant should contact the Engineering
Department to determine the connection charge that will be due if connected in 2025.]
Note:The Engineering Staff has preliminarily commented by memo on the development standards
that would apply for the sewer connection.
The sewer line has been installed and maintained in accordance with the provisions of the City's
Wastewater Master Plan.
Water System Master Plan:The property is served by the Lake Grove Water District.There is a Lake
Grove Water District water main located in Bonaire Avenue along the site frontage.The nearest
existing fire hydrant is located approximately 150 feet south of the site at the southeast quadrant of
the intersection of Bonaire Avenue/West Sunset Drive. Per the 1994 IGA, the City will withdraw the
property from the District and the property will be served by the City.
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 Bonaire Avenue.
Transportation (Statewide Planning Goal 12):The City's Transportation System Plan (TSP)
implements the multi-modal transportation system that will meet the needs of the city for a 20-year
planning horizon.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 4 OF 10
Bonaire Avenue is identified as a local street in the City's Transportation System Plan.Although the
portion of this roadway along the frontage of this property has been annexed to the City, it remains
under the maintenance jurisdiction of Clackamas County.
The road maintenance jurisdiction will not be transferred to the City until it is appropriate to
complete a road transfer process with the County in the future.
Tri-Met Line 37 provides service on Boones Ferry Road to the transfer station in the City of Tualatin.
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.
e. Any applicable comprehensive plan policies
Comprehensive Plan Map:This property is currently designated R-8.5 Low Density Residential on
Clackamas County's Comprehensive Plan and Zoning Maps. It is designated Low Density Residential,
R-7.5 on the City's Comprehensive Plan Map. As required under LOC 50.01.005.5, upon annexation,
a City zoning designation of R-7.5 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(UGMA) (dated February 4,
1992 and updated November 18, 1997), hence the City/County designations have been determined
to be compatible.The proposed zoning designation of R-7.5 is consistent with the UGMA 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 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 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. Pursuant to
the 1994 IGA with the Lake Grove Water District, the property will be withdrawn from the District.
The District has no bonded debt.
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.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 5 OF 10
Fire Protection: Lake Grove Fire District#57 provides fire protection services to this property by
agreement with the City of Lake Oswego.The District has no bonded debt. Upon annexation, the
property will be withdrawn from this fire district per a July, 2003 urban service agreement and will
be served directly by the City.The Fire station on 4555 Jean Road, located south 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 Sheriff's District has no bonded
debt.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 this property are Waluga Park East, Waluga Park West and Lamont
Springs Natural Area. Waluga Park East and West are located north of Oakridge Road and East and
West of Waluga Drive.These two parks consist of 53 acres of active and natural passive areas. West
Waluga Park includes two lighted baseball fields, a playground picnic shelters, lights and restrooms.
Lamont Springs is a natural park with no amenities for organized recreational activities.The City's
park system will not be overburdened by any additional population annexed to the City with this
application.
Lake Grove Park District:The Lake Grove Swim Park, managed by the Lake Oswego School District,
and funded by the Lake Grove Park District, is located at 3800 Lakeview Boulevard.The swim park is
approximately 1.3 acres in size with restroom, play and swim facilities. Per the 2003 Urban Service
Agreement,this property will remain within the Lake Grove Park District following annexation.
Library District of Clackamas County:The Library District was formed to act as the fiscal agent for the
distribution of property tax revenues raised by the District permanent rate to participating local
governments who operate public libraries within Clackamas County.This property will remain within
the Library District of Clackamas County following annexation.
Surface Water Management Agency of Clackamas County:The Surface Water Management program
protects water quality with programs to prevent, minimize and reduce pollution in rivers streams and
wetlands caused by urban story water runoff.This property will be withdrawn from the district upon
approval of this 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: LOC 50.06.008.3 requires that all development be provided with the following
utility services: sanitary sewer, water, sidewalks, pedestrian and bicycle paths,traffic control signs
and devices, street lights, streets, and TV cable.These utilities are now in place or can be put in place
to serve this property.
In the event that future development occurs, an applicant for development is obligated to construct
all necessary public facilities to serve their development.
Urban Growth Management Agreement
The Lake Oswego Comprehensive Plan, Urbanization Chapter, Policy D-3, calls for the City to enter
into and maintain an UGMA with Clackamas County for lands within the USB.
Similarly, General Urbanization Policy 4.A.4 of the Clackamas County Comprehensive Plan calls for
the establishment of Urban Growth Management Areas and UGMAs 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.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 6 OF 10
In furtherance of these policies,the City and County have entered into an UGMA 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 City-County UGMA 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.
"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). The right-of-way adjacent to this property is within the
City Boundary and although the portion of this road way along the frontage of this property has
been annexed to the City,the road maintenance jurisdiction will not be transferred to the City until it
is appropriate to complete a road transfer process with the County in the future.
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.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 7 OF 10
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 USB through the
year 2035.The Comprehensive Plan Map's residential land use designations are consistent with the
City's Housing Needs Analysis (HNA) 20 Year Housing Need Forecast 2023-2043 (9/21/23), also
incorporated herein by reference, and the City of Lake Oswego-Clackamas County UGMA,which
specifies future zoning of lands with the USB upon annexation to Lake Oswego.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 UGMA and in compliance with Goal 10 and the Metropolitan Housing Rule. In the case of
the subject application,the applicable Plan Map designation and corresponding Zone Map
designation is R-7.5.
The HNA is based on the Comprehensive Plan Map's residential land use designations. Figure 6.3 of
the HNA, excerpted below,forecasts a citywide deficit of 642 units (86 acres), including a deficit of
192 units (38 acres) of low-density residential land,to meet the city's housing needs by 2043.
FIGURE 6.3: COMPARISON OF FORECASTED FUTURE LAND NEED(2043)WITH AVAILABLE CAPACITY
WITHIN CITY LIMITS SUPPLY DEMAND
Buildable Land Growth Rate(0.05%)
Zone&Plan Inventory- Surplus or(Deficit)
Typical Housing Type New Unit
Category Housing Unit
Capacity Need(2043) Units Avg. Acres
Units/ac.
Low-Density Single-family detached; 655 847 (192) 5 (38)
Some SF attached&plex
Med-Density SF attached; Manufact. 195 444 (249) 8 (31)
home;2-4 plexes
High-Density Multi-family apartments 476 677 (201) 12 (17)
TOTALS: 1,327 1,968 (642) 7 (86)
Sources: MIG,Johnson Economics
The proposed annexation would add 0.44 acres of low-density residential land to the City's Buildable
Lands inventory(BLI),which would correspondingly reduce the deficit of low-density residential land
needed to meet the city's housing needs by 2043 by 0.23 acres. The proposed annexation and
designation of City zoning is consistent with the Comprehensive Plan and Map, and will help to meet
the City's housing needs as 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 as identified in the HNA.
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 8 OF 10
The City uses the following approach for findings supporting two types of annexation zone changes:
• Option 1 is for annexation-related non-discretionary comprehensive plan and zoning map
amendments.
• Option 2 is for annexation-related discretionary comprehensive plan and zoning map
amendments.
"Non-discretionary" amendments are zoning map amendments applied to an annexed property(or
properties) where the applicable zoning designation is prescribed by the City's Comprehensive Plan
and a zoning conversion table in the City-County 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 24-0006 is non-discretionary because the zoning is prescribed by the
City of Lake Oswego Comprehensive Plan and the zoning conversion table in the City of Lake
Oswego-Clackamas County UGMA.
The City's R-7.5 zone is proposed to be applied consistent with (matching)the R-7.5 land use
designation in the City's Goal 10/Metro Housing Rule-compliant Comprehensive Plan.The
Metropolitan Housing Rule (OAR 660-007-0035(3)) states that Lake Oswego must provide for an
overall density of ten or more dwelling units per net buildable acre.The City's R-7.5 zone allows for
the development of cottage cluster developments of up to 8 dwelling units on properties meeting
the minimum lot size of 7,500 sq. ft., corresponding to a density of more than 34 dwelling units per
acre. The City's R-7.5 zone also allows for the development of quadplexes containing 4 dwelling units
on properties meeting the minimum lot size, corresponding to a density of more than 17 dwelling
units per acre. Further, the City's R-7.5 zone allows for the development of triplexes containing 3
dwelling units on properties meeting the minimum lot size, corresponding to a density of more than
13 dwelling units per acre.Therefore,the City's R-7.5 zone meets the requirement to provide for an
overall density of ten or more dwelling units per net buildable acre.
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 HNA.The City simply applies the zoning that is prescribed by the
Comprehensive Plan, consistent with 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 USB. 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-7.5 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 24-0006.
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
Ordinance 2957 (AN 24-0006) ATTACHMENT B/PAGE 9 OF 10
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 UGB.
C. Comprehensive Plan- Urbanization Chapter
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), "Comprehensive Plan
Policies—Urbanization."
D. Comprehensive Plan—Complete Neighborhoods and Housing(Statewide Goal 10)
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), "Comprehensive Plan
Policies—Complete Neighborhoods and Housing (Statewide Goal 10)."
E. OAR 660-008-0010-Allocation of Buildable Land
See discussion, above, under Section B.3, regarding Metro Code 3.09.045.D(1)(e), "Comprehensive Plan
Policies—Complete Neighborhoods and Housing(Statewide Goal 10)."
CONCLUSION:
Based on the criteria and findings set forth above,the City Council concludes that AN 24-0006 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 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 2957 (AN 24-0006) ATTACHMENT B/PAGE 10 OF 10