HomeMy WebLinkAboutAgenda Item - 2001-01-16 - Number 6.1 - 6. 1
CITY OF LAKE OSWEGO 01/16/01
AGENDA REPORT SUMMARY
MEETING DATE: January 16, 2001
SUBJECT: 'Annexation of One Parcel at 13301 Knaus Road, Consisting of
2.5 Acres (File AN 00-0018) (21 E04BD, Tax Lot 300).
RECOMMENDED MOTION:
Move to adopt Ordinance 2280 and authorize the City Recorder to mail the ordinance to Metro
and all necessary parties.
EST. FISCAL ATTACHMENTS: PUBLISHED NOTICES
IMPACT: Heisler Council Report (Date): November 30, 2000,
dated December 29, January 4 and 11, 2001
a1,653 in City Tax Revenue.
2000, with attachments Ordinance no(s) 2280
STAFF COST:
BUDGETED: 1. Ordinance 2280 Resolution no.:
and Map
Y N 2. Natural Resources
Letter Previous Council consideration:
FUNDING SOURCE: 3. Map and Petition
DEPT. DIRECTOR ASSISTANT CITY CITY M AGER
MANAGER
// ate o
Signoff/date Signoff/date Signoff/
P/annexations/AN 00-0018/Cover Memo, 13301 Knaus Road
001 51
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CITY OF LAKE OSWEGO
.RFGOH COUNCIL REPORT
TO: Douglas J. Schmitz, City Manager
FROM: Jane Heisler, Project Plannj ► '
SUBJECT: Council Adoption of Ordinanc: , 280, Annexing One Parcel on Knaus
Road to the City of Lake Oswego (File AN 00-0018)(2S1 E04BD, Tax
Lot 300, 13301 Knaus Road)
DATE: December 29, 2000
ACTION:
Adopt Ordinance 2280 (Exhibit A), annexing one parcel to the City of Lake Oswego, consisting of
approximately 2.5 acres, representing $529,049in assessed value and containing no electors. The
location is shown on the map attached to the Ordinance (Exhibit 1).
BACKGROUND:
AN 00-0018 is a request by the property owners to annex in order to provide City services to the
existing dwelling and to facilitate potential future development on the parcel. The petition (Exhibit
B) has been signed by both owners. There are no registered voters in the territory proposed for
annexation. The property has an assessed value of$529,049, is 2.5 acres and contains a single
family dwelling located on the easterly end of the parcel. The parcel is currently zoned R-20 in the
County. Upon annexation, the westerly 2/3 would be zoned City R-7.5 and the easterly 1/3 would
be zoned City R-10. The easterly portion of the parcel contains an RC Tree Grove, according to the
Sensitive Lands Atlas. A letter has been sent to the property owner informing them of this
designation and their opportunity to contest (Exhibit 2).
DISCUSSION:
At its November 21, 2000 meeting, Council passed a motion adopting a policy that, "pending a
more comprehensive review of annexations in February of 2001, the Council shall proceed with
annexations where 100% of the property owners waive any 2000 Ballot Measure 7 rights that might
arise as a result of the annexations." Staff has forwarded a Measure 7 Waiver to the property
owners. As of the date of this staff report, no signed waiver has been received.
Council Report,AN 00-0018, 13301 Knaus Road 003
Page l of 10
53
APPLICABLE CRITERIA:
1) Oregon Revised Statutes, Boundary Changes; Mergers and Consolidations
ORS 222.111(2) Annexation of Contiguous Territory, Authority and procedure for annexation,
generally.
ORS 222.125 Annexation by consent of all owners of land and majority of electors
2) Metro Code 3.09.040(a)(1-7) Minimum Requirements for Petitions
3.09.050 Uniform Hearing Requirements for Final Decisions
3.09.050(b)(1-5), (d)(1-5)
FINDINGS:
1. ORS 222.111(2) and 222.170 Annexation of Contiguous Territory, Authority and
procedure for annexation, generally
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.
ORS 222.125 permits the legislative body of the city to waive holding an election 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 per cent of the electors, if any, residing in the territory
consent in writing to the annexation. All property owners have signed a petition consenting
to this annexation. There are no electors residing on site (Exhibit 2).
2. Metro Code
3.09.040 Minimum Requirements for Petitions.
(a) A petition for a boundary change shall be deemed complete if it includes the
following information:
1) The jurisdiction of the approving entity to act on the petition;
2) A narrative, legal and graphical description of the affected territory in
the form prescribed by the Metro Executive Officer;
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;
4) A listing of the present providers of urban services to the affected
territory;
5) A listing of the proposed providers of urban services to the affected
territory following the proposed boundary change;
6) The current tax assessed value of the affected territory; and
7) Any other information required by state or local law.
The above information was submitted as required by statute. All property owners and
electors have signed the petition and their mailing addresses are stated on the petition. The
Council Report,AN 00-0018, 13301 Knaus Road 004
4
Page 2 of 10 U
54
providers of urban services include the Lake Grove Fire District#57, the Clackamas County
Enhanced Sheriffs Patrol District, and Tri-Met. Upon annexation, police and fire services
will be provided by the City of Lake Oswego as well as surface water and sanitary sewer
service. The current tax assessed value is $529,049. The Annexation Application and
Petition are found in Exhibit B.
3.09.050 Uniform Hearing and Decision Requirements for Final Decisions Other Than
Expedited Decisions.
(b) Not later than 15 days prior to the date set for a boundary change decision, the
approving entity shall make available to the public a report that addresses the
criteria in subsection (d) and (g) below, and that includes at a minimum the
following:
(1) The extent to which urban services presently are available to serve the
affected territory including any extra-territorial extensions of service;
The Metro Code, 3.09.020 defines urban services as including sanitary sewers,
water, fire protection, parks, open space, recreation, streets, roads and mass transit.
General: This annexation includes one parcel containing a single family residence.
The property owner may propose further development in the future.
Water: The territory is within the area served by the City of Lake Oswego as a result
of the now-dissolved Forest Highlands Water District. The existing residence is
served water by Lake Oswego, which has an 8" line in Knaus Road.
Fire: The parcel is currently served by the Lake Grove Fire District. #57 through a
contractual agreement with the City of Lake Oswego. Upon annexation, the parcel
will be withdrawn from the Lake Grove Fire District and served by the City of Lake
Oswego Fire and Rescue. Response time to this parcel from the Main Fire Station is
approximately four minutes. There is a fire hydrant located at the west end of Leslie
Lane.
Sanitary Sewer: The parcel is currently served with an on-site subsurface sewage
disposal system. Future development would be served by an 8" line in Leslie Lane
which is stubbed to the easterly boundary of the subject territory.
Surface Water Management: Surface water is currently handled on site. There is an
engineered swale in Leslie Lane which drains to a ditch in Knaus Road. The westerly
half of the subject site drains overland toward Goodall Road. Upon annexation, the
property owner will pay the City's Surface Water Management Utility fee and will
be subject to the City's regulations regarding surface water.
Police: This site is currently served by the Clackamas County Sheriff. The City
currently fields approximately 1.25 officers per thousand population. The addition
of this dwelling and two residents will not impact this service ratio. The parcel will
Council Report, AN 00-0018, 13301 Knaus Road
Page3of10 005 55
be withdrawn from the Clackamas County Enhanced Sheriff's Patrol District as a
result of annexation and will be served by Lake Oswego.
Parks and Open Space: The City currently has 490 acres of park and open space
lands, or 14 acres per 1,000 population. National guidelines call for 353 acres for a
City Lake Oswego's size. The City has many recreation programs available to youth
and adults. In 1993, there were 19,637 participants in City recreation programs. In
1997, the City served 25,319 residents and non-residents in recreation programs.
The nearest park is Woodmont Natural Area, approximately '/z mile to the southeast
of the site on Atwater Road.
Transportation: Streets and Mass Transit: The site is served by Leslie Lane, a local
street. Leslie Lane is a 40' right-of-way, with two ten-foot paved travel lanes,
engineered drainage swales. There is a sidewalk on the property side of the swale on
the north side. Bus line 38 provides the nearest transit service. The nearest bus line
is Line 78 which travels between the Beaverton Transit Center and the Lake Oswego
Transit Center, generally via A Avenue, Country Club and Kerr Parkway within the
City of Lake Oswego. This transit line provides half hour service all day until 7:00
p.m. with hourly service until 11:00 p.m.
(2) A description of how the proposed boundary change complies with any
urban service provider agreements adopted pursuant to ORS 195.065
between the affected entity and all necessary parties;
The City currently has no ORS 195.065 urban service provider agreements.
(3) A description of how the proposed boundary change is consistent with
the comprehensive land use plans, public facility plans, regional
framework and functional plans, regional urban growth goals and
objectives, urban planning agreements and similar agreements of the
affected entity and of all necessary parties.
Consistency of the proposed boundary change with comprehensive land use plan
policies is discussed in section (d)(3), below. Consistency of the proposed boundary
change with the City's Public Facility Plans for water, sewer, storm and
transportation are discussed in section (d)(3), below. There are no regional
framework, regional functional plans or regional urban growth goals and objectives
that are directly applicable to annexation. Compliance with urban planning
agreements and other agreements with necessary parties is discussed in section
(d)(2), below.
(4) Whether the proposed boundary change will result in the withdrawal of
the affected territory from the legal boundary of any necessary party;
and
Council Report,AN 00-0018, 13301 Knaus Road 06
Page 4 of 10
56
The parcel proposed for annexation will be withdrawn from the Lake Grove Fire
District and the Clackamas County Enhanced Sheriff's Patrol District upon
annexation per ORS 222.520.
(5) The proposed effective date of the decision.
The proposed effective date of the decision is outlined in the final section of this
report (page 10).
(d) An approving entity's final decision on a boundary change shall include
findings and conclusions addressing the following criteria:
(1) Consistency with directly applicable provisions in an urban service
provider agreement or annexation plan adopted pursuant to ORS
195.065;
The City currently has no urban service provider agreements adopted pursuant to
ORS 195.065
(2) Consistency with directly applicable provisions of urban planning or
other agreements, other than agreements adopted pursuant to ORS
195.065, between the affected entity and a necessary party;
The Metro Code defines necessary party as "a county, city or 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." The list of necessary parties for this parcel proposed for annexation
includes:
Clackamas County Enhanced Sheriff's Patrol District
Lake Grove Fire District, #57
Clackamas County
Tri-Metropolitan Transportation District
City of Lake Oswego/Clackamas County Urban Growth Management Agreement:
The City currently has an urban planning agreement with Clackamas County. This
agreement was entered into per ORS 190.003, and ensures coordinated and
consistent comprehensive plans and outlines responsibilities in providing services
and managing growth within the Dual Interest Area. The two following subsections
are applicable to annexations.
"6. 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
Council Report, AN 00-0018, 13301 Knaus Road
Page 5 of 10 007
57
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."
This policy specifies that the City notify the County of an annexation request
within five days of when it is submitted to the Boundary Commission. The
Boundary Commission no longer makes boundary decisions within the
Portland metropolitan area. Staff relies on the notice requirements of Metro
Code 3.09.030, which requires notice 45 days prior to the scheduled hearing
for an annexation for all necessary parties. The County is a necessary party
under the Metro Code definition and, therefore, 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 properties
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 these territories which lie within the
Dual Interest Area. The separate road agreement referenced in 7(B) is now
expired. Transfer of roads from County to City is now done by mutual
resolution on a case by case basis pursuant to ORS 373.270.
Lake Grove Fire District#57/City of Lake Oswego Agreement. The City and the
District entered into this agreement in 1997, providing fire and basic life support
emergency medical service to the Lake Grove Fire Protection District area. The
agreement does not address annexations. Annexation will result in withdrawal of the
parcel form the Lake Grove Fire District. The City will then provide fire and rescue
service.
(3) Consistency with specific directly applicable standards or criteria for
boundary changes contained in the comprehensive land use plans and
public facility plans;
Comprehensive Plan Map
The parcel is currently designated Low Density Residential on Clackamas County's
Comprehensive Plan Map, with a zone of R-20. The City's Comprehensive Plan
Map shows this parcel as Low Density Residential as well. Upon annexation, a City
zone of R-7.5 will be applied to the westerly approximately 340 feet and a zone of R-
10 will be applied to the easterly approximately 160 feet. The City and County have
coordinated and compatible Comprehensive Plans within the "Dual Interest Area"
Council Report, AN 00-0018, 13301 Knaus Road
Page 6of l0 008
58
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. Therefore, this annexation is compatible with the
City's Comprehensive Plan map.
The City's Public Facilities Plan calls for a pathway on one side of Knaus Road to be
completed in the 11-20 year planning period. This annexation is compatible with the
City's Public Facility Plan in that this pedestrian facility has been planned in
anticipation of achieving the densities outlined on the Comprehensive Plan Map.
121 Comprehensive Plan Policies:
Goal 14, Urbanization
10. The Urban Services Boundary is Lake Oswego's ultimate growth area
within which the City shall be the eventual provider of the full range of
urban services.
The parcel proposed for annexation lies within the City's Urban Services Boundary
as outlined in the Comprehensive Plan. Therefore, annexation of this parcel is in
compliance with this policy.
13. Ensure that annexation of new territory or expansion of Lake Oswego's
Urban Service Boundary does not:
a) Detract from the City's ability to provide services to existing City
residents; and,
There are two additional residents and 2.5 additional acres to be served upon
annexation.
Police: The current ratio of number of police officers to population is 1.25
police officers per 1,000 population. The potential addition of this dwelling
and two residents to the existing population of more than 35,000 will not
detract the City's ability to provide police protection to the existing City
residents. The parcel is currently included in the Clackamas County
Enhanced Sheriff's Patrol District and will be withdrawn from this district
upon annexation.
Fire: The nearest Fire station to serve this site is the Main Fire Station, with
a response time of approximately four minutes, which is within the goal of an
eight minute minimum response time stated in the Comprehensive Plan. The
potential addition of this 2.5 acre parcel and two residents to a City
comprised of over 6400 acres will not detract from the Fire Department's
ability to provide fire protection to existing City residents.
Parks: As previously noted, the City currently has 490 acres of park and
open space lands, or 14 acres per 1,000 population. The nearest park is
Council Report,AN 00-0018, 13301 Knaus Road
Page 7of10 009
59
Woodmont Natural Area, a City-owned natural area, approximately 1/4 mile to
the southeast of the parcel. The potential addition of this parcel and two
residents to a community of 35,000 population will not degrade the ability of
the existing City residents to utilize the park system.
Recreation: The City has many recreation programs available to youth and
adults. In 1997, the City served 25,319 residents and non-residents in
recreation programs. Persons participating in the recreation activities pay a
registration fee. The potential addition of two residents would not degrade
the recreation programs because the additional usage would result in
additional revenue to address the additional demand.
Sewer and Water: The parcel to be annexed currently is served by a
subsurface sewage disposal system. The parcel is served water by the City of
Lake Oswego. Water service would continue after annexation and would not
degrade the ability of the City to provide sewer and water services to its
existing City residents. The City has an established system development fees
and imposed rates which result in payment by users for the sewer and water
systems. Any additional demands will be addressed through the additional
revenue, and thus sewer and water services will not be degraded by the
addition of two new residents in a community of more than 35,000.
The City's Public Facilities Plan (PFP) for sanitary sewer services includes
this area, but does not show any sanitary sewer projects within the planning
period in the immediate area.
The City's Public Facilities Plan for water includes the Forest Highlands area
in which this parcel is located. The PFP does not include any water facility
projects in the 20 year planning period in this immediate area.
b) Result in property owners paying for urban services which do not
benefit their property.
This policy addresses assuring that existing City property owners do not
subsidize newly annexed areas in the provision of urban services. The newly
annexed parcels will pay for police, fire, administrative and park services
through property taxes. In 2000/2001 the assessed value of this parcel is
$529,049. The City's current tax rate of$5.0353/$1,000 less the amount that
is currently paid to Lake Grove Fire District ($1.91/$1,000 in assessed value)
results in additional net rate of$3.1253 for total City taxes of approximately
$1,653. Additional future development would increase assessed value and,
therefore, tax revenue for services. Therefore, existing City residents will not
be paying for urban services which do not benefit their properties, as the
newly annexed parcel will pay for needed services in a manner comparable to
those paid by existing City residents for their services.
Council Report,AN 00-0018, 13301 Knaus Road
Page 8 of 10
60
14. Prior to the annexation of non-island properties, the City shall 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. Urban
Services consist of water, sanitary sewer, surface water management,
police and fire protection, parks, and transportation including; streets,
transit, pedestrian and bicycle facilities.
LODS 14.020 requires that all development be provided the following utility
services: sanitary sewer, water, sidewalks, pedestrian and bicycle paths,
traffic control signs and devices, street lights, streets, and TV cable. Some of
these utilities are now in place to serve the existing structure, however, some,
including street lights and pedestrian facilities, are not. In the event future
development occurs, an applicant for development is obligated to construct
all necessary public facilities. LOC 49.58.1415.
As noted above, police and fire services are available upon annexation. The
amount of protection provided will be similar to protection provided to other
City residents because the proposed annexation area is not isolated from other
areas of the City and will therefore receive similar service.
(4) Consistency with specific directly applicable standards or criteria for
boundary changes contained in the Regional Framework Plan or any
functional plan.
There are no Regional Framework Plan or functional plan criteria or standards
applicable to annexations at this time.
(5) Whether the proposed change will promote or not interfere with the
timely, orderly and economic provisions of public facilities and services.
This annexation should neither promote nor interfere with the timely, orderly and
economic provisions of public facilities and services as discussed above. When and
if additional development occurs on the parcel, provision of public facilities and
services must occur.
CONCLUSION:
Staff concludes that the proposed annexation of this parcel on Knaus Road complies with all
applicable state statutes and Metro code requirements.
RECOMMENDATION:
Staff recommends approval of AN 00-0018.
Council Report, AN 00-0018, 13301 Knaus Road 011
Page 9 of 10 q
6 1
EFFECTIVE DATE:
a. Effective Date of Decision to Annex. Pursuant to Metro Code 3.09.050(j), the
effective date of this annexation decision shall be immediately upon adoption, unless a
governmental entity that qualifies as a"necessary party" under Metro Code 3.09.020(j) has
contested this annexation, in which event this annexation decision shall be effective on the 10th day
following the mailing of this ordinance by the City Recorder to Metro and to all necessary parties
who appeared in this proceeding.
b. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 34, this ordinance shall be effective on the 30th day after its enactment.
c. 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, then the effective date of the annexation
shall be delayed until, and the annexation shall become effective on, the day after the election.
EXHIBITS:
1. Ordinance 2280 and Map
2. Letter sent to property owner dated November 20, 2000
3. Annexation petition and application
Common_p/annexations/AN 00-0018/Council Report— 13301 Knaus Road
Council Report,AN 00-0018, 13301 Knaus Road 01. 2
Page 10 of 10
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ORDINANCE NO. 2280
AN ORDINANCE ANNEXING ONE PARCEL, COMPRISING APPROXIMATELY 2.5
ACRES AND LOCATED AT 13301 KNAUS ROAD TO THE CITY OF LAKE
OSWEGO; DECLARING CITY OF LAKE OSWEGO ZONING PURSUANT TO LAKE
OSWEGO CODE 49.62.1600; DESIGNATING APPROPRIATE NEIGHBORHOOD
ASSOCIATION; AND WITHDRAWING THE AREA FROM THE CLACKAMAS
COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND THE LAKE GROVE
FIRE DISTRICT (2S1E04BD, Tax Lot 300)
WHEREAS. annexation to the City of Lake Oswego of the territory shown in the map in Exhibit
A and described below. would constitute a contiguous boundary change under ORS 222.111.
initiated by a motion of the City as outlined in ORS 222.1 1 1(2); and,
WHEREAS, the City has received consents to the proposed annexation from 100 percent of the
owners of land in the territory; there are no electors residing within the territory; and
WHEREAS, the part of the territory that lies within the Lake Grove Fire District, #57 would, 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 would, by operation of ORS 222.520, be automatically withdrawn from the
district upon approval of the annexation; and,
WHEREAS, the part of the territory that lies within the Lake Grove Park District would remain
within the district upon approval of the annexation; and,
WHEREAS, the City of Lake Oswego Development Code, LOC Chapter 49.62.1600(1),
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 territory as of the effective date of the annexation; and,
WHEREAS, the Staff Report, which addresses applicable criteria, dated December 29, is hereby
incorporated; and
WHEREAS, this annexation is consistent with Chapter 14, Urbanization of the City of Lake
Oswego's acknowledged Comprehensive Plan and Metro Code 3.09.050(b) and (d);
WHEREAS, the Lake Oswego Comprehensive Plan Map designates an RC District Designation
on the parcel because of a prior determination that natural resources exist on the parcel that
should be protected under LOC Chapter 48.17 upon annexation, and that pursuant to LOC
Chapter 49.62.1600(2), the RC District Designation shall be placed on the territory annexed to
the City effective on the date of the annexation, provided however that the owner may request a
hearing on the designation pursuant to LOC Article 48.17 within 15 days from the date of
annexation; and
Ordinance No. 2280
Annexation of a Parcel at 13301 Knaus Road, 2S 1E04BD Tax Lot 300
Page 1 of 4 01. 3 EXHIBIT 1
6 3AN 00-0018
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 in the northwest quarter of Section 4, Township 2 South. Range 1 East of
the Willamette Meridian, Clackamas County, Oregon; more particularly described as follows:
Beginning at an initial point that bears East. 204.63 feet from the southeast corner of Block 39,
plat of Forest Hills Acres (Plat #598) plat records of Clackamas County. Oregon: said initial
point being also South, 1202.58 feet and East. 440.96 feet from the northwest corner of the
Josiah Franklin Donation Land Claim No. 43;
thence North 00° 22' 30" West, 230.61 feet to and along the east boundary of a tract conveyed to
Adolph W. Kuehn et ux by deed recorded May 26, 1957 in Book 531, Page 152, deed records of
Clackamas County;
thence South 89° 32' 10" East, 876.99 feet to a point in the west right of way line of Knaus Road
(40 foot wide);
thence South 00° 00' 30" East and tracing said west line of Knaus Road, 223.20 feet;
thence West, 875.49 feet to the point of beginning.
EXCEPT THEREFROM that portion conveyed to Conrad Custom Homes, Inc.
by deed recorded October 26, 1994 as Fee No. 94-084167, deed records of
Clackamas County.
Section 2. The annexed area lies wholly within the following districts and will be retained
within these districts upon the effective date of annexation:
Lake Grove Park District
Section 3. The annexed area lies within the following districts and will 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. Zoning Designation. In accordance with LOC 49.62.1600, the City zoning
designation of R-7.5 on the westerly one-third of the parcel and R-10 on the easterly one-third of
the parcel will be applied immediately upon the effective date of annexation.
Ordinance No. 2280
Annexation of a Parcel at 13301 Knaus Road, 2S IE04BD,Tax Lot 300
Page 2 of 4 014
64
In accordance with LOC 49.62.1600(2), the City RC District Designation is imposed upon the
parcel(s), as mapped or delineated, subject however to the right of the owner(s) of the parcel(s)
to request a hearing within 15 days following the date of decision to annex the territory pursuant
to LOC Chapter 48.17.
Section 5. Neighborhood Association Designation. As provided in the Lake Oswego
Comprehensive Plan, Citizen Involvement Guidelines (August 1991), the City Council hereby
designates the subject property to be included within the boundaries of the Forest Highlands
Neighborhood Association, and said neighborhood association's boundaries are hereby amended
to include the subject property.
Section 6. Adoption of Findings and Conclusions. The City Council hereby adopts the
findings and conclusions set forth in the Staff Report referenced above in support of this
Annexation Ordinance.
Section 7. Effective Dates.
a. Effective Date of Decision to Annex. Pursuant to Metro Code 3.09.050(f), the
effective date of this annexation decision shall be immediately upon adoption. unless a
governmental entity that qualifies as a "necessary party" under Metro Code 3.09.020(j) has
contested this annexation, in which event this annexation decision shall be effective on the 10th
day following the mailing of this ordinance by the City Recorder to Metro and to all necessary
parties who appeared in this proceeding.
b. Effective Date of Annexation Ordinance. Pursuant to Lake Oswego City Charter,
Section 34, this ordinance shall be effective on the 30th day after its enactment.
c. 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 occur 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, then the effective date of the
annexation shall be delayed until, and the annexation shall become effective on, the day after the
election.
Section 8. Mailing Copies of this Ordinance: Metro Notice. Within 30 days following the date
of adoption,
(a) The City Recorder is hereby directed to mail a copy of this ordinance to all persons
and governmental entities that appeared at the public hearing and requested a copy
Ordinance No. 2280
Annexation of a Parcel at 13301 Knaus Road, 2S1E04BD,Tax Lot 300
Page 3 of 4 015
65
of the ordinance following adoption.
(b) The City Recorder shall mail a copy of this ordinance together with the applicable
mapping and notice fee charged by Metro pursuant to Metro Code 3.09.110, to
Metro Data Resource Center, 600 NE Grand Ave., Portland, OR 97232.
Read by title only and enacted at the regular meeting of the City Council of the City of Lake
Oswego held on day of , 2001.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Judie Hammerstad , Mayor
Dated:
ATTEST:
Robyn Christie, Deputy City Recorder
APPROVED AS TO FORM:
David D. Powell
City Attorney
P/annexations/AN 00-0018/ordinance no. 2280
Ordinance No. 2280
Annexation of a Parcel at 13301 Knaus Road,2S IE04BD,Tax Lot 300
Page 4 of 4 016 66
Annexation to the City of Lake Oswego
AN 00-0018/Ordinance 2280
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EXHIBIT A -TT=ROA D
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..7. - Ordinance 2280 w w
iI 0,7
.,., , , 1 I
017 '
..------ \
November 20,2000
Peter and Christine A. Nickerson
13301 SW Knaus Road
Lake Oswego, OR 97034
Subject: Annexation of Property at 13301 Knaus Road (Tax Lot/Map 21E04BD00300)
Natural Resources Designation of Tree Grove (TG-11)
Dear Mr. and Mrs. Nickerson:
This letter is to inform you of City zoning designations,which will apply to your property upon
annexation,if approved.
The City's Comprehensive Plan Map designates your property as R-7.5, which permits residential
uses and requires a minimum of 7,500 square feet per lot. In addition, an important natural resource
has been identified and mapped on your property, and a Comprehensive Plan map resource
designation is also indicated. A tree grove extends onto your property and the overlay zone is
therefore RC (Resource Conservation). The City has a Sensitive Lands Ordinance,which provides
standards for natural resource protection. The attached map illustrates the general location of the
resources on your site.
The map does not represent the specific boundaries of the resources. The actual boundary would
need to be determined when new development on the site is proposed. The Sensitive Lands
Ordinance would then apply to the natural resource within the "delineated" boundary only. In
essence, the ordinance requires that a minimum of 50%of the delineated tree grove be preserved and
that development be set back at least 5 feet from the protected area.
Please call if you would like additional information on what this designation means in terms of
natural resource protection standards. However, if you believe there is an error in the designation of
this resource,you have 15 days from the date of annexation to formally request a public hearing on
the resource designation. If you have any questions,please feel free to call me at(503) 635-0291.
Sincerely,
EXHIBIT 2
Ron Bunch AN-00-0018
Long Range Planning Manager
Attachment: Map of Natural Resource Sites
Cc: Douglas Dillavou, annexation applicant 019 P/annexations/2000/AN 00-0018 Nickerson/Knaus
69
o*LAKE oS
°{ wE° CITY OF LAYD :APPLICATION F
COMMUNITY DEVELOPMENT DEPARIMEN FOR
PLANNING DIVISIONgiodi
"` '°' . "-, ,Z: `'
380 A Avenue
'�� P.O. BOX 369 ANNEXATION
�`^ Lake Oswego, OR 97034
OKEGON PHONE: (503) 635-0290
FILE NAME: SUBMIT: I_' - REVIEW:
RESUBMIT: REVIEW:
FILE NUMBER(S): �" APPLICATION MATERIAL RECEIVED:
CITY FEE RECEIVED: - METRO FEE. $
HEARING DATE. CHECK#'S: "1 " - . RECEIPT#:
CHECKLIST: 0Legal Description OTitle Report COMPLETENESS DATE:
❑Assessor's Map Petition Fees (City and Metro)
PRINT OR TYPE ALL INFORMATION BELOW
APPLICANT /MUSE MAILING ADDRESS FOR HEARING NOTIFICATION
Douglas L. Dillavou 503-598-9454
YOUR NAME PHONE#
BUSINESS NAME FAX#
P. 0. Box 1692
ADDRESS SUITE
Lake Oswego Oregon 97035
CITY STATE ZIP
E-MAIL ADDRBSS
/ , 17 ///
SIGNATURE ( RI INAL REQUIRED) DATE
ATTACH ANNEXATION PETITION
PROPERTY OWNER EX (ADDITIONAL OWNER-SEE PAGE 2)
Peter D. Nickerson and Christine A. Nickerson
YOUR NAME PHONE*
BUSINESS NAME FAX#
13301 SW Knaus Road
ADDRESS SUITE -
Lake Oswego Oregon 97034
CITY STATE ZIP —
SIGNATURE (ORIGINAL REQUIRED) " , DATE ///3`lU EXHIBIT 3
!!! AN 00-0018
4/99
021
71
__
ATTACH ANNEXATION PETITION AND LEfALDESCRIPTION FROM DEED
_
ADDITIONAL PROPERTY OWNEF AORE THAN ONE OWNER
YOUR NAME PHONE#
BUSINESS NAME FAX#
ADDRESS SUITE
CITY STATE ZIP
SIGNATURE (ORIGINAL REQUIRED) DATE
PROPERTY/ZONING DATA
13301 SW Knaus Road
Address
Knaus Road and Leslie Lane
Location Description
MAP&TAX LOT (DO NOT USE SITE ZONING/PROPERTY INFORMATION
(list one per line) LOT&BLOCK) ACRES EXISTING COUNTY CITY COMPREHENSIVE PLAN CURRENT ASSESSED VALUE TOTAL EXISTING
ZONING DESIGNATION DESIGNATION POPULATION
2 1E 4A13 • - 2+/- Ac. R-20 R-10 & R 7.5 690,390
ACRES SO FT
TOTAL OF PARCEL AREAS:
2i Ac. 107,870 Approximately
RIGHTS-OF-WAY
TO BE INCLUDED A portion of Leslie Lane
REASON FOR
ANNEXATION: To provide city services to existing house and lot and future
d V t Loyu!c IL Ui V aC ai!l L LJ!l
DESCRIBE NUMBER AND TYPES OF STRUCTURES ON THE PARCEL(S)(USE TAX LOTS AS REFERENCE):
One existing single family home at east end of site.
EXISTING USE OFAREA TO BE ANNEXED.
Residential
PROPOSED USE OF AREA TO BE ANNEXED:
Residential
DESCRIBE SURROUNDING LAND USES(USE TAX LOTS AS REFERENCE)
NORTH—
Residential
SOUTH—
Residential
EAST—
Residential
WEST •
—
Residential
4/99 02 2
72
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PETITION FOR ANNEXATION TO THE IV
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CITY OF LAKE OSWEGO, OREGON� I
7) To the City Council of the City of Lake Owego:
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i We,the undersigned owners andior electors,petition and consent to be aruuexed to the City of Lake Oswego.
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