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Planning commission recommends denying annexation after ownership, notice disputes
Summary
A petition to annex properties on US‑30/Millard Road drew formal opposition from a property owner’s representative who argued consents and applications on file had expired; the commission voted to deny the petition as submitted.
The St. Helens Planning Commission on Tuesday moved to deny an annexation petition after a property owner’s representative argued the city relied on expired consents and a deficient noticing record.
Staff presented three consent-to-annex files at the meeting and recommended processing because the parcels were contiguous to city limits and already tied to city utilities. One of the contested files covered properties along US‑30 and Millard Road, including a commercial parcel used by Family Fun RV and an adjacent residential lot. Staff said those properties were connected to city sewer and water and that annexation would change the comprehensive plan and zoning to city categories appropriate for each site.
Against the petition, attorney and local representative Mary Anne Anderson, speaking for owner Heather Harrison and JH Rental LLC, told the commission the recorded consents and applications the city relied on dated to 2009 and had expired under state law. Anderson cited ORS provisions governing consent-to-annex renewals, argued that the current property owner — JH Rental LLC, recorded as owner in 2022 — had not applied or consented, and said the city’s published notice could not have run in the named newspaper because that paper had ceased publication in 2024. Anderson asked the commission to refuse to proceed; she said the only lawful course was to “do nothing” because the city record contained no valid, unexpired application.
City staff acknowledged the consent and application on file were from a prior owner and said staff would review the statutory questions raised. After deliberation the commission voted to deny the application as written. The written denial will be prepared for the record and the matter will remain available for further action by the City Council if new evidence or a new application is filed.
The exchange underscores a recurring issue where older recorded consents to annex remain on municipal files after ownership changes, and it prompted the commission and staff to flag procedural follow-up on statutory notice and consent periods.
