Subject: 9565/1991-069 Atrium Memorial Limited Date: Mon, 4 Jun 1990 17:11:00 -0500 1991-069 Atrium Memorial Limited Partnership ORDINANCE NO. 9565 AN ORDINANCE TO AMEND THE ORDINANCE NO. 8986, ENCAPTIONED AS SET FORTH HEREIN, SO AS TO AMEND CONDITION NO. 2 TO A REZONING OF PROPERTY LOCATED AT 7305 JARNIGAN ROAD, BEING ON THE NORTHEAST LINE OF JARNIGAN ROAD NORTHWEST OF GUNBARREL ROAD. ______________________________ WHEREAS, on July 19, 1988 the City Commission of the City of Chattanooga, Tennessee, enacted Ordinance No. 8986 encaptioned, "AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO REZONE A TRACT OF LAND LOCATED AT 1921 GUNBARREL ROAD AND 7305 JARNIGAN ROAD, BEING ON THE NORTHWEST LINE OF GUNBARREL ROAD AT JARNIGAN ROAD AND THE NORTHEAST LINE OF JARNIGAN ROAD NORTHWEST OF GUNBARREL ROAD FROM R-1 RESIDENTIAL ZONE TO R-4 SPECIAL ZONE AND C-2 CONVENIENCE COMMERCIAL DISTRICT."; and WHEREAS, the owner of said tract now desires an amendment to condition No. 2 therein so as to allow the change in the right-of-way requirement from 60 feet to 50 feet; WHEREAS, the City Council has considered the recommendation of the City Traffic Engineer; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 8986, encaptioned as set forth above, be and the same is hereby amended by amending Condition No. 2 so as to allow, in lieu of a 60 foot right-of- way of Jarnigan Road, the dedication by the applicant of ten additional feet of right-of-way for the full length of the applicant's frontage along Jarnigan Road so as to provide thirty feet of right-of-way from the center line of Jarnigan Road to the revised right-of-way line. BE IT FURTHER ORDAINED That said ordinance be and is hereby amended by allowing the applicant to provide for a revised plan for landscaping for the parking area of the premises meeting the intent of the parking area landscaping requirements of Ordinance No. 8986; said plan shall be subject to approval by the City Engineer and City Traffic Engineer prior to construction by the applicant. BE IT FURTHER ORDAINED, that this Ordinance shall take effect two weeks from and after its passage, the public welfare requiring it. PASSED on Third and Final Reading June 18, 1991. _/s/______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE:___________ ___, 1991. _/s/______________________________ MAYOR WSPjr:jrm