A beer-distribution company and a man in his late 80s may finally have their way with the land they've each waited years to develop.
General Distributors New Horizons, LLC, and Lowell Patton each had the first hearing of a two-part de-annexation process Monday night, March 2, in front of the Damascus City Council and a room packed with fellow Damascans. The process will continue Monday, April 6, when the council is scheduled to take a final vote on the de-annexations.
The decision is supposed to hinge on whether each de-annexation is in the best interest of the city.
The distribution company is asking to withdraw five tax lots, covering about 24 acres, from city limits and have the land revert to Clackamas County jurisdiction. Patton is asking to do the same, but with 20 tax lots covering about 244 acres.
When the council voted Monday to move forward with the second hearing for each case, Councilor Jim De Young was the only no vote.
De Young argued allowing the parties to de-annex was not in the best interest of the city of Damascus.
During the hearing, multiple people said they didn't think De Young should be allowed to vote or deliberate in the de-annexation hearings, citing his wife's previous lawsuit against both parties and others who tried to leave the city under HB 4029.
Jim Syring of Citizens for De-Annexation asked De Young to remove himself from the process due to "direct ethical and moral conflict."
However, De Young's vote from Monday will stand and he will be allowed to deliberate and vote in the second hearings, city spokesman Todd Loggan confirmed in an email.
Oregon City-based General Distributors bought their Damascus property in 2008 for new headquarters.
Patton has long wanted to use his land for a winery, a vineyard, houses and an urban center.
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regarding General Distributors and Lowell Patton's
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But Damascus has yet to pass a comprehensive plan, which means no zoning or economic development can occur in the city.
Both General Distributors and Patton tried to de-annex their properties using this hearing process before, but a previous city council was more vehemently against allowing anyone to leave the city.
Neither General Distributors nor Patton were among 22 property owners who managed to withdraw from Damascus without city permission under HB 4029 last fall before the short-lived law was ruled unconstitutional.
Now, mayor Diana Helm said she is hopeful the newer council will allow the property owners to leave the city so they can pursue developing their land, rather than forcing them to wait through comprehensive plan after failed comprehensive plan.
A trio of bills introduced in the Oregon State House last month aim to see the city disincorporated by the end of 2016, and make it easier for residents to individually deannex in the meantime.
HB 3084 attempts to fix the reason the Oregon Court of Appeals in 2014 ruled HB 4029 unconstitutional by modifying the authority for withdrawal of tract from the city to the mayor.
-- Hannah Leone
503-294-4001; @HannahMLeone