*Updated - August 25, 2009*

While the Brookman Concept Plan was adopted by the City Council in June 2009, the concept plan and implementing regulations have been appealed to the Land Use Board of Appeals (LUBA) by Metro. It is our understanding that Metro feels the City inappropriately adopted limitations on the extension of Red Fern. The City Council adopted the findings and standards they did after extensive public input and evidence and there are findings in the record to support the decision. While the City continues to hope that Metro will understand that the findings adopted by the City are appropriate, we are proceeding with the process. The LUBA will evaluate the information in the record and hear testimony from both the City and the appellant (Metro) to determine whether the decision rendered by the Council was made with sufficient findings to support the decision that was made. If LUBA determines that there is sufficient evidence in the record to support the decision made, the decision by Council will stand. If LUBA determines that there is not sufficient evidence in the record to support the decision, the decision will be sent back to the City Council for additional review. At that point the Council would either provide additional evidence to support the original decision or amend the decision.

At the April 21st Council meeting, the City Council held a second hearing and provided direction to staff to prepare an ordinance and final documents for adoption. The direction provided was essentially the July 2008 Hybrid version of the plan, with the exception that Red Fern should be specifically designated as a bicycle, pedestrian and emergency access connection only due to the constraints on the existing portion of Red Fern. The Council adopted the Brookman Concept Plan at the June 2, 2009 Council meeting via Ordinance 2009-004.

The property remains in the County (and under County zoning) until annexation into the City of Sherwood. At the time of annexation the comprehensive plan zoning would be applied.

Prior background information
The Council held a public hearing on the concept plan and proposed comprehensive plan text and map changes on March 17, 2009. After taking public testimony, the Council decided to leave the record open and continue the hearing until April 21, 2009. The Council requested staff to coordinate with Metro to determine if the plan to make Red Fern open to bicycles, pedestrians and emergency vehicles only would violate any Metro regulations. They also wanted to consider further testimony from several Planning Commission members who spoke about the Planning Commission recommendation and the policy direction that Council had provided at their 2/17 meeting. If anyone wishes to submit additional testimony either in writing or in person, you may do so by submitting information prior to or at the public hearing on April 21, 2009. Written testimony received by April 10, 2009 will be included in the Council packet. Testimony submitted after that time will be delivered to the Council on the day of the hearing.

It is anticipated that on the 21st, Council will provide direction to Staff to finalize the plan and implementing ordinances for adoption via ordinance in May.

After the Planning Commission made a recommendation on the concept plan that would require re-evaluation, staff met with the Council to get policy direction on how to proceed. The Commission recommendation called for a significant reduction in the amount of residential land in exchange for more employment land with the assumption that more employment land would be viable if the I-5/99W connection were located south of the project area. On February 17, 2009 the City Council discussed the policy choices and directed staff to proceed with the July 2008 hybrid of the Steering Committee recommendation as opposed to re-evaluating the land uses proposed consistent with the Commission recommendation.

With that policy decision made, the Council held a public hearing on the concept plan and proposed comprehensive plan text and map changes. Comments that have been submitted will be included in the Council packet, however additional comments are welcome.

The City has been working for over a year to develop the concept plan for the “Brookman Road Concept Plan.” This area was brought into the Urban Growth Boundary by Metro in 2002 in order to accommodate an identified region wide need for additional land. The Concept Plan study area boundaries include the existing city limits to the north, Brookman Road to the south, Highway 99W to the west, and properties located due east of Ladd Hill Road. The study area encompasses roughly 235 acres of rolling hills, floodplains, secondary forests, the former railroad station town of Middleton, and multiple rural residential properties.

The concept planning effort includes a comprehensive review of the existing inventory of land use, Goal 5 resources, transportation, and public facilities, a market study, and survey the needs of current residents and property owners. The project also identified future land uses, public facilities, including parks and open space, civic uses, and transportation corridors. In order to implement the plan, amendments to the comprehensive plan, zoning code, and public facility plans are needed. The City is in the public hearing process to do just that.

For more information contact Julia Hajduk, Planning Manager, at 503-625-4204 or email hajdukj@ci.sherwood.or.us.