Subject: 9688/1990-224/Gene Nixon Date: Mon, 27 Feb 1989 12:20:00 -0500 1990-224 Gene Nixon ORDINANCE NO. 9688 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO REZONE TWO TRACTS OF LAND LOCATED IN THE 5000 AND 5100 BLOCKS OF HIGHWAY 58, BEING ON THE SOUTHEAST LINE OF HIGHWAY 58 ADJACENT TO SWAN ROAD, FROM R-2 RESIDENTIAL ZONE TO C-5 NEIGHBORHOOD 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: Two tracts of land located in the 5000 and 5100 blocks of Highway 58, being on the southeast line of Highway 58 adjacent to Swan Road. Tract 1: An unplatted tract described as tract 2 in deed book 3645, page 618, R.O.H.C., being tax map number 120N-C-4, excepting the southeast 25 feet along the northwest line of Swan Road; and lot 2 and part of lot 1, Subdivision of the Willie Holloway Property, as shown by plat of record in plat book 37, page 86, R.O.H.C., said lot and part of lot forming one tract beginning on the southeast line of Highway 58 some 285 feet southwest of the intersection of the southeast line of Highway 58 with the southwest line of Swan Road, thence southeast some 144 feet with the northeast line of lots 2 and 1, said subdivision, to the centerline of a 150 foot T.V.A. transmission line easement, thence southwest some 214.5 feet with said centerline to the southwest line of said lot 1, thence northwest some 172 feet with the southwest line of lots 1 and 2 to the southeast line of Highway 58, thence northeast 225.5 feet with Highway 58 to the northwest corner of lot 2, the point of beginning, said lot and part of lot being the property described in deed book 3615, page 635, R.O.H.C., and part of properties described in deed book 2192, page 921, R.O.H.C., and deed book 2251, page 33, R.O.H.C., and being all of tax map number 120 N-C-3.3, and part of tax map number 120N-C-3. Tract 2: An unplatted tract described as tract 1 in deed book 3645, page 618, R.O.H.C., and being tax map number 120N-C-5. from R-2 Residential Zone to C-5 Neighborhood Commercial Zone; subject to the conditions herein. SECTION 2. BE IT FURTHER ORDAINED, That this rezoning shall be subject to the following conditions: 1. Erection and maintenance of a sight-obscuring screen along the east side of Tract 1. 2. Erection and maintenance of a sight-obscuring screen along the east line of Tract 2. 3. No store for sales of gardening supplies and equipment shall be permitted on either tract. 4. No fence shall be erected or maintained on Tract 2. 5. Any chain link fence maintained on Tract 1 shall be removed within two years of the effective date of this Ordinance. 6. Ingress and egress to both tracts shall be subject to the approval of the City Traffic Engineer. 7. The owner of the two tracts shall construct curbs and gutters approved by the City Traffic Engineer and City Engineer to ensure proper drainage from both premises. 8. The owner of the two tracts shall install and maintain landscaping on the two tracts as follows: One row of shrubs along property lines fronting on Swan Road spaced an average of five (5) feet apart; such shrubs shall be a minimum of thirty (30) inches in height at planting and expected to grow to a height of eight (8) feet in 3 or 4 full growing seasons and shall be placed an average of six (6) feet from the property lines. SECTION 3. 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 March 24, 1992. _/s/________________________________ CHAIRPERSON APPROVED: X DISAPPROVED: _______ DATE: March 25, 1992. _/s/________________________________ MAYOR WSPjr:jrm