91视频

When the 240 acres of rural property that Lowell Patton owns were annexed into the city of Damascus in 2004, he thought a decades-long plan was finally coming to fruition.

Back in 1971, he had purchased his land in what was then unincorporated Clackamas County with plans to develop it one day.聽 Having the land annexed into the city meant he finally would be able to tap into the sewage and water systems he would need to build on his land.

But then the city of Damascus failed repeatedly to adopt a comprehensive master plan. The lack of a formal plan meant no development could move forward.

Patton spent three years battling with the city before he managed to convince Damascus officials to de-annex his land. It’s a fight the 89-year-old man hopes other property owners stuck in development limbo in Damascus will be able to avoid.

House Bill 3085, currently awaiting Oregon Governor Kate Brown’s signature to become law, will ask the same voters who supported Damascus becoming a city 11 years ago whether the city now should be dismantled. Two other bills will shorten the process for de-annexation for the city and return leftover money from the city’s coffers to taxpayers should voters approve disincorporation next year.

Once the new laws go into effect, they will clear the way for landowners like Patton to develop or sell their land at market rate since they once again will be in unincorporated Clackamas County or, as some have done, annexed into another jurisdiction. But they’ll still be in the Metro urban growth boundary.

Jerry Schofield has dealt with frustrations similar to Patton’s. Schofield and his wife Kim had their 4.2 acre property annexed into Damascus. They watched a 130-unit subdivision being built right next to the land they were not allowed to build on, according to Schofield.

Schofield and his wife recently were able to have their property, which sits on the edge of Happy Valley, annexed into that city.

鈥淎s long as I was in Damascus, they wouldn’t touch my property,鈥� he said. 鈥淣ow I’m getting letters from developers.鈥�

Even though he no longer has to deal with Damascus, he believes disincorporation of Damascus would be the right move.

鈥淒amascus was born way too soon, and I don’t think they had an idea of what they wanted when they incorporated,鈥� Schofield said. 鈥淎nd when the city council started suing citizens, everything went south.鈥�

The charter for the city of Damascus requires a comp plan be approved by voters before being adopted. But acrimony between Damascus residents and previous city council members kept voters from approving a total of six plans.

Property owners frustrated by the lack of an approved plan began to request to have their land de-annexed from the city. When the Oregon Legislature passed a bill during its 2014 session that allowed the de-annexations, the city turned around and began suing the property owners, claiming the law was unconstitutional.

A new Damascus council that took office this past January withdrew lawsuits against citizens who wanted to de-annex. The new council, under Mayor Diana Helm, is trying to work with citizens, but there’s still mistrust, Schofield said.

鈥淚 feel bad for the new council members because they’re stepping into a hornet’s nest,鈥� Schofield said.

Ted Reid, Metro’s chief planner, said the Damascus City Council and Metro Council recently held a joint work session about the possibility that Damascus might cease to exist as a city.

鈥淭he (Damascus) council said the voters are likely to vote for disincorporation, which will make development more likely,鈥� Reid said. 鈥淎s they annex into Happy Valley or unincorporated Clackamas County, I think a lot of challenges will disappear.鈥�

Reid said Metro Council doesn’t direct development, but he thinks the western side of Damascus is less likely to be developed because it doesn’t have sewer service. He expects development will be more likely on the east side, closer to Happy Valley.

Hank Brown, one of the land owners who was sued by the city for trying to de-annex, expects that a disincorporation of Damascus will quickly be followed by a flurry of development. He acknowledges that new development could create new problems in the area, such as increased traffic. Still, he says he’s happy to no longer be fighting the city of Damascus.

鈥淚’m just glad to move forward with my life since they held us hostage for quite a few years,鈥� he said.

As for Lowell Patton, he was able to get his property removed from within the Damascus boundaries and is now considering having it annexed into Happy Valley. As for his decades-long dream, he still hasn’t given up on his plan to develop the acreage himself.

鈥淚 didn’t buy this land for someone else to make money off it,鈥� he said.