Subject: 9747 1992-091 Moore, David W.
Date: Tue, 26 May 1992 14:18:00 -0500


                   	     	       	    1992-091
                               	       	    David W. Moore
                  
                  
                   	     ORDINANCE NO. 9747
                  
                  
                   AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS
                   AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS
                   TO REZONE A TRACT OF LAND LOCATED IN THE 7500
                   BLOCK OF LEE HIGHWAY, BEING OFF THE NORTHWEST
                   LINE OF LEE HIGHWAY AT WALKER ROAD, FROM R-2
                   RESIDENTIAL 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 in the 7500 block of Lee
                Highway, being off the northwest line of Lee
                Highway at Walker Road.  Part of lot 1, Final Plan
                of David W. Wolfe Subdivision, as shown by plat of
                record in plat book 39, page 205, R.O.H.C.; being
                part of the property described in deed book 3549,
                page 714, R.O.H.C.  Said part of lot begins on the
                southwest line of Walker Road 100 feet northwest of
                the intersection of the southwest line of Walker
                Road with the northwest line of Lee Highway, thence
                southwest  some 270 feet, thence northeast 54.9
                feet, thence northeast 101.2 feet, thence southeast
                32.7 feet, thence southeast 48.4 feet, thence
                southeast 100 feet, thence southeast 125 feet to
                the southwest line of Walker Road, thence southeast
                6.5 feet with Walker Road to the point of
                beginning.  Tax Map No. 139J-G-3.3 (part).
               
         from R-2 Residential Zone to C-2 Convenience Commercial Zone.
              	   SECTION 2.  BE IT FURTHER ORDAINED, That this rezoning 

         shall be subject to the following conditions:
0C
        
              1.   All conditions herein shall run with the land so as 
to
                   bind all future owners of the property in the event 
of a
                   sale or transfer.
        
              2.   The applicant shall erect and maintain a 15' buffer 
zone
                   running along the rear line of the property.  This 
being
                   the joint line between the applicant's property and 
that
                   of Mrs. W. B. Moore, Sr.
        
              3.   The 6' cyclone fence presently on said tract, or
                   equivalent, must be maintained.
        
              4.   The applicant must plant evergreen trees, etc. which
                   will not lose their foliage during the winter in such 
a
                   manner as to create a visible barrier.  The trees
                   planted must be at least 6"' in height when planted.  

                   This must be accomplished within thirty (30) days of
                   the rezoning of said tract.
             
              5.   The owner of the property is to be responsible for 
the
                   maintenance of the trees and other vegetation within 
the
                   buffer zone.  Any loss of trees for any reason which
                   results in an opening to the visible barrier shall be 

                   replaced promptly at the sole cost of the owner of 
the
                   property.
        
              6.   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.
        
         PASSED on Third and Final
         Reading June 30, 1992.	       
s/s_________________________________
              	   	     	       	    	   CHAIRPERSON
        
              	   	     	       APPROVED:______ DISAPPROVED: _______
        
              	   	     	       DATE:________________ _______, 1992.
        
        
              	   	     	       s/s_________________________________
              	   	     	       	    	      MAYOR
        
         WSPjr:meb