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HomeMy WebLinkAbout2826 Effective Date: October 31, 2019 Thence continuing North 89*30' 53" West, along said southerly line, 191.09 feet, to a 3/4- inch iron pipe at the northwest corner of that tract of land conveyed to James 0. and Ann M. Cheney, by Warranty Deed recorded April 6, 1973 in Document No. 73-10119, deed records of Clackamas County; Thence leaving said southerly line, South 0'17'23" West, 230.00 feet, to a 1/2-inch iron rod; Thence South 89'30'53" East, parallel with said Atwater Road, 191.15 feet, to a 1/2-inch iron rod; Thence North 0°16'31" East, parallel with said westerly line of the Replat of Oswego Country Club Heights, 230.00 feet to the point of beginning. The annexed territory is depicted on Attachment A. Section 2. The territory lies within the following districts and shall be retained within these districts upon the effective date of annexation Library District of Clackamas County Section 3. The annexed area lies within the following districts and shall be withdrawn from these districts upon the effective date of annexation: Lake Grove Fire District#57 Clackamas County Enhanced Sheriff's Patrol District Section 4. In accordance with LOC 50.01.004.5, the City zoning designation of R-15, Resource Protection (RP) and Habitat Benefit Area (HBA) overlay districts shall be applied to the subject property on the effective date of annexation, as shown on Attachments A and B. Section 5. The City Council hereby adopts the findings of fact and conclusions set forth in Attachment C 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 301h 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 301h 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 15t day of October, 2019. Ordinance 2826,AN 19-0004 (21E04AD2101) PAGE 2 OF 3 AYES: Mayor Studebaker, Manz, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff NOES: None ABSTAIN: None EXCUSED: None Kent Studebaker, Mayor 1011 -m9 Dated ATTEST: Kari Lind Deputy City Recorder APPROVED AS ORM: David Powell, City Attorney Ordinance 2826,AN 19-0004 (21E04AD2101) PAGE 3 OF 3 6 1 0 5 6 0 5 3 0 4 9 0 460 440 4056 016035005205 4 0 560 5 8 0 5986006206 4 0 660 680698700720740760 7 8 0 7 9 8 775800820840 555 4 2 0 535 515 500135013695 9 0 6 5 8 7 1 0 728 758 790 730725 6106256238016206 3 4 622 6 2 5639663 616618624612666636851698691910900729731777895828812776734771803815839510 688 575 8006487107221380 SW Atwater Rd Tippecanoe Ct Milburn Ct Pebble Beach Ct BocaRatanDrCa r r e ra Ln AtwaterRd Annexation to the City of Lake OswegoAN 19-0004/Ordinance 2826 ³ 8/7/2019 Lake OswegoCity Limits SubjectProperties R-10 PNA R-15 TL 21010 100 200 300 400Feet Attachment A Tax Lot IDs:21E0 4AD0 2101 City of Lake Oswe go:COMPREHENSIVE PLAN = R-15, Reside ntia lZONING = R-15 , Residential Clacka ma s County:ZONING = R-20 , Residential R-15 PNA 6 1 0 5 6 0 5 3 0 4 9 0 460 440 4056 016035005205 4 0 560 5 8 0 5986006206 4 0 660 680698700720740760 7 8 0 7 9 8 775800820840 555 4 2 0 535 515 500680 135013695 9 0 6 5 8 7 1 0 728 758 790 730725 6106256238016206 3 4 622 6 2 5639663 616618624612666636851698691910900729731777895828812776734771803815839510 688 510 ATWATER RO AD 575 8006487107221380 Atwater Rd Tippecanoe Ct Milburn Ct AndrewsR d Pebble Beach Ct BocaRatanDrC a r r era Ln AtwaterRd 0 80 160 240 320 400Feet ³TL 2101Annexation to the City of Lake OswegoAN19-0004/Ordinance 2826 Attachment B 9/16/2019 Lake Oswego City Limits Subject PropertyHBA RP HBA RP Map and Lot #21E0 4BD TL 1800 HBA RP RP RP HBA September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 1 OF 9 ATTACHMENT C 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 222.125 - Annexation by consent of all owners of land and the majority of electors. B. Metro Code. 1. 3.09.040(A)(1-4) Minimum 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 parcel 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 1. Policy B-1: Provide and maintain zoning and development regulation 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. 1. OAR 660-008-0010 Allocation of Buildable Land FINDINGS: 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. 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. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 2 OF 9 2. ORS 222.125 - Annexation by consent of all owners of land and the majority of electors. 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. Both property owners who are one in the same as the 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. Both property owners who are also electors have signed the application and petition. A map and legal description in the form required by the City have been included in the application materials and are on file. The 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. 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. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 3 OF 9 Metro Code 3.09.045 A. states that an expedited review of an annexation, where no public hearing is required, can be considered by a governing body within the area proposed to be annexed if one hundred percent of the property owners and not less than 50 percent of the electors, if any, residing in the territory consent in writing to the annexation. The property owners who are one in the same as the electors have signed the annexation application. One hundred percent of the owners and electors have consented to this annexation. Metro Code 3.09.045 B. requires a minimum of 20 days’ notice to all necessary parties prior to the decision date. The County, Metro and local service districts are the necessary parties under Metro Code 3.09.020 J. and all have been notified on September 11, 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 September 18, more 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, 2) Lake Grove Fire District and 3) Clackamas County (for roadways). The intergovernmental agreement with the Rivergrove Water District is not discussed in this section because it is not in the Rivergrove Water District and the agreement was entered into before the adoption of ORS 195.065, and consequently does not include all of the provisions necessary to be considered an “urban service agreement” under that statute. 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 the 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. 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. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 4 OF 9 c. Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party. There are no ORS 195.020(2) cooperative agreements (which relate to special districts) between the city and a necessary party. d. Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services. The City considers the local streets, sanitary sewer, water, and storm water facilities in its long-range planning, as these facilities are included in unincorporated properties that are within Lake Oswego’s Urban Services Boundary. Planning for these facilities is the basis for the city’s Transportation System Plan, Wastewater Master Plan, Water System Master Plan, and Clean Streams (Storm Water) Plan, pursuant to Statewide Planning Goals 11 (Public Facilities) and 12 (Transportation). Waste Water Master Plan: Sanitary sewer service is available from a City of Lake Oswego eight-inch collection line located in Atwater Road along the portion of street where the property accesses the public right of way. These collection lines have been constructed and are being maintained in accordance with the City Wastewater Master Plan. Water System Master Plan: Water is available from a ten inch City water main located in Atwater Road. The water line has been installed and is being maintained in accordance with the provisions of the City’s Water System Master Plan. Clean Streams (Storm Water) Plan: A storm line and catch basins are located along the north portion of Atwater Road where the property accesses the right of way. Surface water management and treatment facilities are located on the south side of Atwater road and the construction of these facilities are consistent with the City Wastewater Master Plan. Public Facilities Plan (Statewide Planning Goal 11): The PFP implements Statewide Planning Goal 11, which is intended to assure that cities plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban development. Annexation of this property enables public facilities to be provided in an orderly and efficient manner. Public facilities, such water, sanitary sewer service, transportation systems have been constructed to be consistent with the City’s Public Facilities Plan and are adequate to serve this property. Transportation (Statewide Planning Goal 12): The City’s Transportation System Plan implements the multi-modal transportation system that will meet the needs of the city for a 20 year planning horizon. Atwater Road is a two-lane Local Street, the majority of which has no curbs or sidewalks. Sidewalks are located along the east end of Atwater Road where it connects with Boca Ratan. Plans for a 1,700 foot long six-foot wide asphalt pathway to connect with other TSP projects, such as the Future Boca Ratan sidewalk, that will continue from Atwater Road to Bonniebrae Drive, have been identified in the City's TSP. Tri -Met bus line 78, which operates between downtown Lake Oswego and the Tigard and Beaverton Transit centers provides the closest bus service to the property. Service can be accessed at the intersection of Knaus and Country Club Road. Annexation of this property is consistent with future roadway improvements identified in this plan. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 5 OF 9 e. Any applicable comprehensive plan policies Comprehensive Plan Map: The parcel is currently designated R-20, Low Density Residential on Clackamas County’s Comprehensive Plan and Zoning Maps. It is designated Low Density Residential, R-15 and has a Resource Protection (RP) and Habitat Benefit Area (HBA) designation on the City’s Comprehensive Plan Map. Upon annexation, a City zoning designation of R-15, RP and HBA will be applied to this parcel. The City and County have coordinated their comprehensive plans within the Dual Interest Area outlined in the City/County Urban Growth Management Agreement (dated February 4, 1992 and updated November 18, 1997), hence the City/County designations have been determined to be compatible. The proposed zoning designation of R-15 and Sensitive Land Overlay Designations of RP and HBA are consistent with Urban Growth Management Agreement between the County and the City. Comprehensive Plan Policies: The Lake Oswego Comprehensive Plan contains the following relevant language in the Urbanization chapter: Policy A-3: “The Urban Services Boundary (as depicted on the Comprehensive Plan Map) is the area within which the City shall be the eventual provider of the full range of urban services.” The parcel 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 are consistent with this policy. Policy C-3 states: “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 1.01 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. Annexation of this property will not affect the City’s ability to provide parks and recreation services, sewer or water services. Policy C-4 states: “Prior to the annexation of non-island properties, ensure urban services are available and adequate to serve the properties 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 service for this site is connected to an existing ten-inch City water main located in Atwater Road. The nearest existing fire hydrant is located along the south side of Atwater Road approximately 75 feet east of the site access to the public street. Sewer: Sanitary sewer service is available from a City of Lake Oswego eight-inch collection line in Atwater Road where the property accesses the public right of way. The City Engineer will require a new individual service lateral positioned at the right of way line. While this lot can be reasonably served by sanitary sewer, the system may be require to be pumped to the street. Upon connection to the City collection line, the existing septic tank on the property will need to be decommissioned per DEQ standards. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 6 OF 9 Storm water: A storm line and catch basins are located along the north portion of Atwater Road where the property accesses the right of way. Surface water management and treatment facilities are located on the south side of Atwater road and the construction of these facilities are consistent with the City Wastewater Master Plan. Storm water runoff from new roof areas, access driveways and parking areas will be required to be managed on- site. Fire Protection: Lake Grove Fire District #57 provides fire protection services to this parcel by agreement with the City of Lake Oswego. Upon annexation, this parcel will be withdrawn from this fire district and served directly by the City. The Fire station on 4555 Jean Road, 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 parcel will be withdrawn from the Clackamas County Enhanced Sheriff’s Patrol District and served by the City of Lake Oswego. The Lake Oswego Police Department reviewed the proposal and indicated that it does not have any concerns with serving this property upon annexation. Parks and Open Space: The City has 629 acres of park and open space lands, or 19 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. Transportation - Streets and Mass Transit: Atwater Road is a two-lane Local Street, the majority of which has no curbs or sidewalks. Sidewalks are located along east end of Atwater Road where it connects with Boca Ratan. Plans for a 1,700 foot long six-foot wide asphalt pathway to connect with other TSP projects, such as the Future Boca Ratan sidewalk, that will continue from Atwater Road to Bonniebrae Drive, have been identified in the City's TSP. Tri -Met bus line 78, which operates between downtown Lake Oswego and the Tigard and Beaverton Transit Centers provides the closest bus service to the property. Service can be accessed at the intersection of Knaus and Country Club Roads. Community Development Code Section 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 is obligated to construct all necessary public facilities to serve their development. 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 territory proposed to be annexed is not isolated from other areas of the City. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 7 OF 9 Statewide Goal 10 Housing City Comprehensive Plan Complete Neighborhoods and Housing Statewide Planning Goal 10 (and the Complete Neighborhoods and Housing Goal in the City 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 to reduce housing costs. The following Oregon Administrative Rules (OARs) provide 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. Staff finds that the Lake Oswego Buildable Lands Inventory and Housing Needs Analysis (HNA, 2013) was adopted as an Appendix to the Lake Oswego Comprehensive Plan in 2014. The HNA is for both the incorporated area of Lake Oswego (City) and unincorporated areas within Lake Oswego’s Urban Services Boundary (USB). The proposed annexation and designation of City R-15 zoning are consistent with the Comprehensive Plan, which anticipates the City eventually annexing all of the unincorporated lands that exist within the USB. The proposal has no effect on the City’s Buildable Lands Inventory or Housing Needs Analysis and therefore complies with Goal 10. 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. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 8 OF 9 “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 3.09.045b, which requires notice 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 was notified on September 11, 2019, 20 days prior to the annexation decision. “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). f. Any applicable concept plan 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. It can readily be served with urban services and facilities. September 13, 2019 Ordinance 2826 (AN 19-0004) ATTACHMENT C/PAGE 9 OF 9 If and when additional development occurs in the area, provision of public facilities and services will occur consistent with the City’s adopted public facility master plans, ensuring that it does not adversely affect the quality or quantity of urban services and avoiding unnecessary duplication of facilities or services. Therefore, this boundary change is consistent with criteria 2.a through 2.c. (E) A city may not annex territory that lies outside the UGB except it may annex a lot or parcel that lies partially within and partially outside the UGB. The property to be annexed is located entirely within the City’s Urban Growth Boundary (UGB). CONCLUSION: Based on the criteria and findings set forth above, the City Council concludes that AN 19-0004 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.