Charter Amendment FAQ’s

Measure 34-348 Establishing City Authority Over Annexations

Question: Did this measure pass and if so, by how much?

Answer: Yes, Measure 34-348 passed with 82.68% approval. 

Question: What change did this measure make to the City Charter?

Answer: The measure amended the City Charter to make two changes relating to annexation. First, the amendment added clarifying language that voter approved annexation is required in all cases, except with respect to health hazard abatement. Second, the amendment declared that the procedures governing review of annexation requests i.e. hearings, notices, annexation agreements are foundational components of open and democratic governance within the City. This amendment grants the City exclusive authority to review, approve, or deny annexation requests subject to procedures and standards adopted by the Sherwood City Council through ordinance.

Question: Does this mean that proposed annexations in Sherwood will be sent to the voters?

Answer: Despite this Charter amendment, the City still cannot require voter approval for annexations due to current state law (ORS 222.127) and the Oregon Court of Appeals ruling in City of Corvallis v. State of Oregon (2020), which preempts local charter requirements in certain annexation cases.

Question: Why was the Charter amendment proposed if state law still preempts voter approved annexations in some cases?

Answer:  The Charter amendment was passed in order to protect the City against future preemption by the State regarding annexations. The Sherwood City Council currently has the ability to approve or deny annexations based on City code, but future legislation could attempt to repeal even this basic right of cities. Regarding voter approved annexations, the Charter amendment also positions the City to allow voter approved annexations in the future, should the state law or case law on the issue change.

Question: If voter approval is not required, how are annexations currently determined? 

Answer:  The most common path that property owners take for annexations is under a bill passed by the Oregon Legislature in 2016, known as SB 1573. Using this process, a property or group of properties can petition the City to be annexed if all of the following are met:

Importantly, the process allows the Sherwood City Council to determine if the proposal conforms to City’s Comprehensive Plan and “all other requirements of the city’s ordinances.” If the proposal does not conform to City plans for growth and development, or is otherwise deemed not to be in the best interest of the City, the petition can be denied. The City recently adopted annexation code, which requires property owners to demonstrate compliance with planning policies and ensure adequate public infrastructure and public services are provided. This includes transportation facilities, water, sanitary sewer, storm, parks and open spaces, and other public services.

Question: How will this measure impact the timing of development in Sherwood West?

Answer: The next step for Sherwood West is for the City to complete Comprehensive Planning in partnership with residents, property owners, and agency partners. This process is expected to last through the end of 2028 and possibly longer. After Comprehensive Planning is complete, a property owner can petition the City to annex. The property owner / future developer will be required to demonstrate that adequate public infrastructure and public services are available to serve the site, or the annexation may be denied.

Measure 34-347 Enshrining Citizen Involvement in Land Use Decisions  

Question: Did this measure pass and if so, by how much?

Answer: Yes, Measure 34-347 passed with 93.72% approval. 

Question: What change did this measure make to the City Charter?

Answer: This Charter amendment reaffirmed Sherwood’s commitment to public participation in the land use planning process and stated that local procedures cannot be preempted by state laws that attempt to limit public engagement. Specifically, the Charter amendment reads:

“No Type III or higher land use application, as specified by adopted city ordinance, shall be decided without at least one duly noticed neighborhood meeting and one public hearing before the City Council or its delegated decision making body. A public hearing shall also be held before deciding any appeal, using procedures set by ordinance; and

Mailed notice in advance of neighborhood meetings and public hearings must be sent to all property owners within 1,000 feet of the subject property for all Type II or higher applications, using the classifications and timelines prescribed by ordinance. Additional notice methods, such as published or electronic notices may also be required.”

Question: What are Type II and Type III land use applications? 

Answer: A Type II land use application is a proposal for development including:  

A Type III land use application is a proposal for development that includes:

Question: Why was this Charter amendment necessary?

Answer: This Charter amendment was necessary because recent state legislation has limited public participation in land use planning process. For example, SB 974 (2025) limits the City’s ability to notify neighbors of certain development proposals. The bill also limits public participation in certain subdivisions, known as Planned Unit Developments, regardless of size. This trend is expected to continue, and the Sherwood City Council proposed the Charter amendments to allow the City to provide public notice and hearings for PUDs, as well as proactively address further future limitations to public participation.

Question: What affect might this have on development in Sherwood? 

Answer: This Charter amendment is expected to have no impact to development trends in Sherwood, since it simply reinforces the current city ordinances around public participation and public notice rights. However, without the Charter amendment, new developments that have significant impacts on the community might occur without public notice and/or public hearings.