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9-20-2016 Planning Minutes

Tuesday – September 20, 2016

1. Call to Order –Roll Call
The Yamhill Planning Commission meeting was called to order at 7:02pm by
Chair Mitchell.

Members present: Mitchell, Padberg and Moore
Unexcused Absence: Commissioner Prendergast
City staff present: City Recorder Gilmore, Superintendent Howard
City Planner John Morgan

2. Flag Salute
Chair Mitchell led the flag salute with all those present participating.

3. Public Comment
None Received.

4. New Business:
A. Discuss considering amendment to Municipal Code 10.108.010.

John Morgan explained that this is in reference to a citizens complaint regarding the
City’s Ordinance that does not permit keeping horses in a residential area unless the
total minimum area is 25,000 square feet per each animal. Morgan reported that the
Planning Commission has been asked to make an interpretation of the Municipal Code
10.108.010 and if it applies to “mini” horses. The property owner has two miniature
horses in a R2 Residential Zone that are maintained in a stable and paddock area in
the rear yard. The commission questioned if these types of animals “fall through the
cracks” of the Municipal Codes because of the size or weight compared to full size farm
animals. The Planning commission needs to be able to determine if the interpretation of
miniature horses doesn’t apply in this case, if the code needs to be amended to include
small types of animals, or if the code as written and interpreted should be upheld. It was
determined that the property owner would not be allowed to file for a conditional use, as
subject to the provisions of Chapter 10.104 and 10.108.
Carol Orton, of 2nd Street in Yamhill, commented that if the code was changed to allow
small horses and pigs etc., that many residents would be upset with having neighbors
with these types of animals. Orton would like the code enforced regardless of how long
the property owner has maintained the mini-horses and feels that people should live
outside of the City limits if they want to raise animals other than domestic. Orton
also stated that many things need to be cleaned up within the City and the City should
not allow bringing in more issues that will cause dissention with neighbors.
There was discussion regarding that the City maintains a “complaint driven” code enforcement due to limited staff where each complaint is reviewed on a case by case basis and similar infractions in the City are not searched for by Staff.
The commission discussed if the code should include a minimum square footage
requirement or total animal weight restrictions to address a variety of animals and if
there should be a definition to distinguish between large and small livestock.
Commissioner Padberg indicated that he had done some research looking at what other
jurisdictions have done and read a sample Ordinance from Fort Worth, Texas
and King County, Washington. Both jurisdictions differentiated between small and large
livestock and referenced a minimum square foot requirement.
The Commission asked John Morgan to research what other cities in Oregon have
in their Municipal Codes referencing this issue and report the findings. Commissions
consensus is to table any further discussion until the next scheduled planning meeting.

B. Discuss and review sample Ordinance from the City of Madras to use as a
model concerning derelict structures and abatement.

John Morgan supplied an Ordinance that was used by the City of Madras that establishes definitions of nuisance, penalties and procedures for abatement of nuisances in the City. Morgan stated what makes this a significant Ordinance is it gives the City the authority to take legal control of the property and have City crews or contractors clean up the property, potentially against the owners will, and property owner is responsible for the cost of the cleanup. The City would have the right to file a lien against the property if the cost is not paid.
The Council from the City of Madras decided in this Ordinance that the public interest and public safety outweighed the private property owner’s rights for derelict and abandoned properties.
There was discussion if the City of Yamhill had current property that would warrant going through the process of establishing this type of Ordinance. Morgan stated that the Madras Ordinance only affected commercial property and not residential property.
In was noted that a Yamhill City Councilor had asked Morgan to supply a draft of an Ordinance that referenced Derelict structures for the Planning Commission to review and consider. The commission considered the amount of upfront costs the City would incur for this type of process and debated if it would be beneficial for a small City with a limited budget. It was noted that the Yamhill City Council had not reviewed this Ordinance and Councilor Disbrow requested that the Planning Commission consider and review before presenting a recommendation to the City Council. After tonight’s discussion, the Planning Commission determined that drafting a similar Ordinance for the City of Yamhill would have considerable costs and would involve extensive time and research because of policy issues. The Commission’s consensus is to get Council’s opinion or approval before moving forward. Chair Mitchell and Commissioner Padberg will approach Council at the October 12, 2016 meeting and request a determination.

5. Unfinished Business:
A. None Scheduled.

6. A. Approval of Planning Commission Minutes from August 2, 2016.

There were no members in opposition to the minutes.

Moore made motion, seconded by Padberg to approve minutes.

Roll Call: Ayes: Padberg, Mitchell and Moore
Nays: None

The Motion Carried.

7. Information/Announcements:
A. Vacancies: Planning Commission – 1 Member-Applications are available at
City Hall.

8. Adjournment 8:45PM

Mitchell made motion to adjourn, Padberg seconded.

All in favor, Chair Mitchell adjourned the meeting: at 8:45pm.

Respectfully Submitted:
Lori Gilmore
City Recorder/Treasurer

Friday, September 23, 2016 - 4:15pm

Yamhill City Hall

205 S Maple Street
PO Box 9
Yamhill OR 97148

Open Mon - Fri,
8:00am - 5:00pm

(503) 662-3511

(503) 662-4589 Fax

Upcoming Events

Wednesday, November 8, 2017 - 7:00pm

The next Council Meeting is at Yamhill City Hall, Wednesday,  November 8, 2017.  Starts at 7:00 pm

Tuesday, December 5, 2017 - 7:00pm

Planning Commission Meeting/Public hearing is at Yamhill City Hall Tuesday,  December 5, 2017 starts at 7:00pm.