Subject: 9563/1989-189A Glen Copeland Date: Mon, 27 Feb 1989 12:20:00 -0500 1989-189A Glenn R. Copeland ORDINANCE NO. 9563 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO REZONE A TRACT OF LAND LOCATED AT 7630 AND 7640 EAST BRAINERD ROAD, BEING ON THE SOUTHWEST LINE OF EAST BRAINERD ROAD SOUTHEAST OF STRATMAN CIRCLE FROM R-3 RESIDENTIAL ZONE AND C-5 NEIGHBORHOOD COMMERCIAL ZONE TO C-2 CONVENIENCE COMMERCIAL ZONE, SUBJECT TO CERTAIN CONDITIONS. _______________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, known as the Zoning Ordinance, be and the same is hereby amended so as to rezone: A tract of land located at 7630 and 7640 East Brainerd Road, being on the southwest line of East Brainerd Road southeast of Stratman Circle. Two unplatted tracts forming one tract beginning on the southwest line of East Brainerd Road 308.81 feet southeast of the intersection of the southwest line of East Brainerd Road with the southeast line of Stratman Circle, thence with East Brainerd Road southeast some 375.38 feet, southwest 25 feet, southeast 44.62 feet, northeast 25 feet, and southeast some 140 feet, thence southwest some 1490 feet to a fence line, thence northwest some 600 feet with said fence line, thence northeast some 800 feet, thence northeast some 800.31 feet to the southwest line of East Brainerd Road, the point of beginning, excepting therefrom an area 210 feet by 420 feet currently zoned R-5. Tax Map No. 159P-A-1 and 1.1. from R-3 Residential Zone and C-5 Neighborhood Commercial Zone to C-2 Convenience Commercial Zone. 0C SECTION 2. BE IT FURTHER ORDAINED, That this rezoning shall be subject to the following conditions: 1. The owner of said tract must obtain an E.P.A. permit for land disturbing activity if construction will not be complete before November 18, 1991. 2. Zero increase in rate of water run-off at property borders. 3. The owner of said tract must obtain an Aquatic Resource Alteration Permit (ARAP). 4. The owner of said tract must obtain a certification from U.S. Corps of Engineers that there are no wetlands on property. 5. Center of driveway to be subject to the approval of the traffic engineer. (Chgd per RLN) 6. Dedication by the owner of said tract of 12 feet of right-of-way along East Brainerd Road for future road expansion. 7. A. Twenty-five (25) foot buffer shall be provided along the west line of the property adjoining the RT-1 zoning. B. Landscaping Requirements as follows: I. Side and Rear Yard Screening A. Purpose 1. Screens are intended to separate different land uses and are intended to eliminate or minimize potential nuisances such as dirt, litter, noise, air pollution, glare of lights, signs, and unsightly buildings or parking areas. Also, they provide spacing to reduce adverse impacts of noise, odor or danger from fires and explosions. 2. All structures and facilities for trash, storage, loading and outdoor equipment must be screened so they are not visible from internal or external streets and/or pedestrian circulations, parking lots, and adjoining zones. B. One of the following methods of screening shall be employed unless otherwise specified: 1. A greenbelt planting strip shall not be less than fifteen (15) feet in width. a. The use of existing native plant species is strongly encouraged. Existing natural ground cover should be retained where possible by avoiding scraping, grading and clear-cutting. b. Such greenbelts shall be composed of either natural existing evergreen vegetation; a continuation of natural existing vegetation supplemented by the use of evergreen trees, evergreen shrubs and/or berms; or in the absence of existing vegetation, the use of evergreen trees and shrubs and/or berms. c. No uses which will diminish the purpose of the greenbelt planting strip shall be allowed, such as: pedestrian or bike trails, vehicular use, equipment storage or open storage. 2. A sign-obscuring wooden privacy fence that is at least six (6) feet in height. 3. A combination of greenbelts, fences, and/or berms are also acceptable if the intent and same level of screening of the afore listed sections are met. II. Landscaping Adjacent to Public Rights-Of-Way and Interior Landscaping A. Purpose 1. The purpose is to protect the character and stability of residential, business, institutional and industrial areas as well as conserve the value of land and buildings on surrounding properties and adjacent neighborhoods. 2. This Section (Section II) is intended to complement and not conflict with Section I (Side and Rear Yard Screening). Where there is an apparent conflict, this Section (Section II) shall prevail unless otherwise recommended by the Building Inspector. B. Landscaping Adjacent to Public Rights-Of-Way 1. On the side of a building, an open lot used for off-street parking, or other vehicular use areas where such areas are not screened visually from an abutting right-of-way, excluding dedicated alleys, there shall be landscaping between such areas and right-of-way as follows: a. A strip of land at least ten (10) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped. In addition to required trees, all property between the right-of-way shall be landscaped with shrubs, ground cover and/or grass. In some locations shrubs may be omitted with approval of the Building Inspector. Landscaping is to include one "canopy tree" for each 75 linear feet and/or one "under story tree" every 50 linear feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking or other vehicular use areas and shall consist of a planted area of at least twenty-five (25) square feet with dimensions of at least five (5) feet per side. b. A masonry wall, solid fence, berms or hedge maintained at least thirty (30) inches in height above grade that is not a traffic hazard. In order to break the visual monotony of a masonry wall or wood fence at least one shrub or vine shall be planted abutting the wall or fence within each ten (10) feet but not necessarily evenly spaced ten (10) feet part. Such shrubs or vines shall be planted along the street side of the wall, fence or berm or be of sufficient height at the time of planting to be readily visible over the top of the wall, fence or berm. c. In lieu of the vine or shrubbery requirements, the Building Inspector shall be authorized to approve a masonry wall having a significant design variation evenly spaced at intervals of not more than twenty (20) feet. 2. The remainder of the required landscaped area shall be landscaped with grass, ground cover or other landscape materials. 3. All ground between the right-of-way and vehicular use area shall be landscaped. 4. Driveways from the public right-of-way through landscaped areas shall be permitted to service the parking or other use areas. Such driveways may be subtracted from the linear dimensions used to determine the number of trees required. C. Interior Landscaping 1. Off-street parking areas shall have at least five (5) square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter. 2. The total number of trees shall not be less than two (2) "under story trees" or one (1) "canopy tree" for each one hundred (100) linear feet or fraction thereof of required interior landscaped area. A mixture of "under story trees and canopy trees" may be acceptable. 3. Such landscaped areas shall be located in a manner which will divide and break up the expanse of paving. 4. In vehicular use areas where the strict application of this subsection will seriously limit the function of the site, the required landscaping may be located near the perimeter of the paved area including such perimeters which may be adjacent to a building on the site. Such required interior landscaping which is relocated shall be in addition to the perimeter landscaping requirements. 5. The bumper overhang of a vehicle may encroach upon any interior landscaped area when said area is at least three and one-half (3-1/2) feet in depth per abutting parking space and protected by wheel stops or curbing. Two (2) feet of said landscaping area may be part of the required depth of each abutting parking space. 6. Existing Plant Material: Where healthy plant materials exists on a site prior to its development, the Building Inspector has the authority to adjust the application to allow credit for such plant material if such an adjustment is in keeping with the intent of these conditions, and provided that the existing plant material remains protected and ecologically healthy after the construction process. 7. Curbs, Tree Guards, Other Devices: In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, barriers, or other devices. 8. Equipment: Mechanical equipment or other utility hardware on roof, ground, or building shall be screened from public view with materials harmonious with the building; or they shall be so located as not to be visible from any public ways. Waste bins shall be provided for each major building with an enclosed area of sufficient size to accommodate all trash and waste stored on the premises. 8. All existing easements are retained. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage, the public welfare requiring it, provided that this Ordinance shall not be operative until conditions 1, 3, 4 and 6 have been completed. PASSED on Third and Final Reading ______ ___, 1991. ____________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE:________________ _______, 1991. ____________________________________ MAYOR WSP:jrm