Ordinance No. 74-46 CITY OF TIGARD, OREGON
ORDINANCE NO. 74 - 46
AN ORDINANCE AMENDING CHAPTER 18.52 (INDUSTRIAL PARK zONE M-4)
OF THE TIGARD MUNICIPAL CODE TO INCLUDE TIRE RETREADING AS A PER-
MITTED USE AND PRESCRIBING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That Section 18.52.010 of the Tigard Municipal Code
be and the same is hereby amended to read as follows:
18.52.010 Permitted uses. No building structures or
land shall be used and no building or structure shall here-
after be erected, enlarged or altered in the M-4 zone ex-
cept for the following uses:
( l) Assembly and manufacture of electrical appli-
ances, electronic instruments and devices,
radios, phonographs and television and com-
ponents thereof;
( 2) Assembly (only) of metal products;
( 3) Battery manufacture;
( 4 Dairy product manufacture (other than creamery);
( 5) Laboratories, experimental, dental, medical,
photo or motion picture research or testing;
( 6) Manufacture of ceramic products, using only
previously pulverized clay;
( 7) Manufacture of musical instruments;
( 8 Manufacture of optical goods, scientific and
precision instruments and equipment;
( 9) Manufacture of artificial limbs, dentures,
hearing aids, surgical instruments and dress-
ings, and other devices employed by the medical
and dental professions;
(10) Manufacture, compounding, processing, packaging
or treatment of such products as bakery goods,
candy, cosmetics, dairy products, toilet soap,
toiletries (exclusin the refining and render-
ing of fats and oiis5 and food and beverage
products;
�11) _Medicine and pharmaceutical manufacture;
13MOfficebuildings, bank;
( Plastic molding, including the manufacture of
plastic products;
R4) Research, development and testing laboratories;
5) Tire retreading
(16 Restaurant, when related to the abode uses only;
17 Warehousing, when related to the above uses only;
183 Dwelling unit for watchman and his family. (Ord.
70-32 Chapter 180-1, 1970).
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PAGE 1 - ORDINANCE NO. 74 - of
Section 2: This ordinance shall be effective on and after the
31st day of its passage by the Council and approval
by the Mayor.
majority
PASSED: By vmamkRW= vote of all Council members present,
after being read three times by number and title
only, this 12th day of August, 1974.
Recor er - Cit of Tig d
APPROVED: By the Mayor this 12th day of August, 1974.
r,
IT, t�,.
Mayor Cit} oz i igaT rd
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PAGE 2` - ORDINANCE NO. 74
( , to consider the testimony which had been given,
Hartman seconded the motion,
G. Mickelson stated he did not feel a special meeting
was needed and staff could send a covering recom-
mendation to Council if the Planning Commission adopt.-
ed the ordinance tonight. He said the Council will
also hold public hearings and this ordinance needs
to be sent on as soon as possible.
H�7 ,_+,..� a t ..+;nv1 �.:Va defeated by ., ma.iot _i_tv of the
o Ba.El111LL1 s t+ s mo t..rva.. _ _l _.
members present,
I. Mickelson moved to approve the second draft flood
plain ordinance as submitted and to direct the staff
to include a summary report of the work done by the
Planning Commission to be sent with the proposed
ordinance to the City Council.
J. Sakata seconded the motion,
K. The motion passed by a majority vote with 4 voting
in favor and the Chairman abstaining.
4.2 Ordinance Revision: Proposed ordinance amending Title 18,
Tigard Municipal Code, allowing tire retreading as a per-
mitted use in an M-4, Industrial Park zone. R
Staff Comments
A. Brooks presented the staff findings relevant to this
case. He explained that he had toured a tire re-
treading plant and found this to be a possibly com-
patible use in the M-4 zone.
{
Testimony
A. Barkhurst stated he had been contacted by a party
opposed to this ordinance revision and stated that
he did not feel this contact had prejudiced him
concerning this item,
B. Lou Fasano, Attorney for Butler Tire Company, spoke
in favor of the proposed amendment, stating that
the M-4 zone is preferable for tire retreading as
opposed to the C-3, Commercial zone where this use
is now allowed as a conditional use.
C. The owner of Butler Tire Co. was present and explained
'' Page 3_ PC 'Minutes July 2, 1974
• 1
the entire retreading process.
D. Greg Edwards of S. W. Cherry Street stated his
( greatest concern with allowing tire retreading such
as that done by Butler Tire is that any building lo-
cated south of Cherry Street respect the required
50 foot buffer strip and in addition that there be
no outside storage of tires.
E. Harry Check of S. W. Cherry Street stated his concern
for odor coming from a retread facility which could
be objectionable for the Rolling Hills residents.
F. Lou Gilham, project architect said that all odors in
the proposed Butler Tire Plant would be contained
- within the building.
Commission Discussion and Action
f
A. Barkhurst moved to allow tire retreading as a con-
ditional use in the M-4 zone. Motion died for lack
of a second.
B. Mickelson moved to allow tire retreading as a per-
mitted use in an M-4 zone. Hartman seconded.
C. Barkhurst stated his concern that a greater degree
of control was needed in an M-4 zone and therefore
favored allowing as a conditional use.
D. The motion passed by majority vote with Barkhurst
voting no.
4.3 Ordinance Revision: Proposed ordinance amending Title
18, Tigard Municipal Code, repealing tire retreading as
a conditional use in a C-3, General Commercial zone.
This item was not considered because of insufficient
time to give legal public notice.
5. PUBLIC HEARING Conditional Use and Conditional Use Renewal
5.1 CU 7-74 (U. S. National Bank of Oregon)
(continued from Jun3 18, 1974, regular meeting)
A request for approval of a drive-in bank facility on
property located at 11543 S. W. Pacific Highway. Sub-
ject site comprises .39 acres (LS1 36DB, Tax Lot 100)
e,
Page 4 .PC Minutes July 2, 1974
f;
LAW OFFICES
LOVETT, STINER & FASANO, P.C.
• 1018 OREGON NATIONAL BUILDING
CHARLES M.LOVETT22-HONE
810 B.W.ALDER STREET
ALONZO P.STINER PO RTL-AND, OREGON 87X15 TELEPHONE
LOUIS J.FASANO 222.1331
ROGER C.TRAGESSER
JOHN C.VEATCH It•COUNSEL July 16, 1974
Tigard City Council JUL
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aaya�u vsrl a.. .e v+ Iru/imu
12420 S. v1r. Main
Tigard, Oregon 97223
Rei Amendment of M-4 Zone to allow Tire Retreading
Gentlement
The undersigned represents Butler's Tire & Battery Co. , Inc.,
and we appeared at the Planning Commission meeting when the above- .
referenced proposed amendment of the M-4 zone was considered, but
I will be out of town and unable to attend your meeting of July 22, 19.74,
when this matter will be before you, and I am therefore submitting this
letter on the subject.
At the Planning Commission it seemed to be unanimously recog-
nized that tire retreading is an industrial use as opposed to a commercial
use, and should be placed in an Industrial area. The only real question
was whether tire retreading should be a conditional or a permitted use
in the M-4 zone. One of the Planning Commission members expressed
a concern about the compatibility of a tire retreading plant if it were
to be located In an M-4 zone located near a residential zone. Mthough
I am sure this concern was genuine, a tire retreading operation Is far
less offensive than many of the uses permitted in the M-4 zone.
Further, if tire retreading is made a conditional use, it would be
incumbent upon anyone seeking to put In such a business to prove public
need,. that the parcel in question is the best available parcel, and all
of the other criteria involved in land use change cases. The fact of the
matter is that one seeking to put In a tire retreading business might not
be able to meet these criteria for the simple reason that the plant could
probably be lust as well located anywhere in the metropolitan area. To
make it a conditional use would not only frustrate Butler's Tire & Battery
Co., Inc., Inasmuch as it had been heaping to locate In Tigard and
complete construction during this building season, but it would also
frustrate the purpose of the zoning ordinance. The solution to the con-
cern of compatibility does not lie in making tire retreading a conditional
use, but rather in design review, and this is already provided for In the
M-4 zone. This in itself would be an adequate safeguard.
Tigard City Council
Page 2
July 16, 1914
In summarY, the evidence before you will show that a tire
retreading operation is far less objectionable tha many Of the cu
should be treated in
permitted uses in the MM-4 zone, and accordingly
the same way and be made a permitted use• Even if tits retreading
were potentially more incompatible than all of the currently permitted M-4
uses, there is adequate control through design review to assure that
use would
surrounding uses .�vili be �zroterestetAd. To make it a to comply with 3 conditional
d use change
make it so difficult for an interested party
criteria that there would be n effect an exclusion of tire retreading
operations from the City of Tigard.
Very truly yours,
TeOVETT, STINER & FASANO, P.C.
Louis j. Fasano
LJF:cc
..C: Tigard Planning Commission
cc: Mr. Frank S. Morris
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