Subject: 10028/1994-037 Austin,III, L. B. Date: Mon, 27 Feb 1989 12:20:00 -0500 1994-037 L. B. Austin, III ORDINANCE NO. 10028 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 8600 BLOCK OF EAST BRAINERD ROAD, BEING ON THE SOUTHWEST LINE OF EAST BRAINERD ROAD NORTHWEST OF HURRICANE CREEK ROAD FROM R-1 RESIDENTIAL ZONE TO C-2 CONVENIENCE COMMERCIAL ZONE. _______________________ 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 8600 block of East Brainerd Road, being on the southwest line of East Brainerd Road northwest of Hurricane Creek Road. The Title Guaranty and Trust Company, L. B. Austin III, Trustee, tract, as shown by plat of record in plat book 52, page 80, ROHC; being part of the properties described as Tracts 1 and 2 in deed book 1559, page 389, ROHC, and as Tract 1 in deed book 4274, page 57, ROHC. Tax Map No. 171B-C-14 and 171F-A-1. ("Premises"). Excepting the southern 75 feet of said property. from R-1 Residential Zone to C-2 Convenience Commercial Zone. SECTION 2. BE IT FURTHER ORDAINED, That this rezoning shall be subject to the following conditions: 1. Construction of a right turn lane in the southern right of way of East Brainerd Road from Hurricane Creek Road to Morris Lane and from Morris Lane approximately 400 ft. in a westwardly direction as approved by the City of Chattanooga Department of Public Works. 2. The widening and improvement of Morris Lane as approved by the City of Chattanooga Department of Public Works from East Brainerd Road approximately 480 ft. 3. Construction of a right turn lane along Hurricane Creek Road from its intersection of East Brainerd Road approximately 250 ft. as approved by the City of Chattanooga Department of Public Works. 4. The installation and maintenance on the Premises of buffer areas approximately 25 ft. in width along Morris Lane and Hurricane Creek Road which are landscaped with trees, shrubbery and other vegetation so as to provide screening of the improvements from Morris Lane and Hurricane Creek Road. 5. Creation of an earthen berm abutting Hurricane Creek Road which will range in height from 3' to 5' from the curb adjacent to Hurricane Creek Road, with the height depending on maintaining a slope of 2 to 1 within the 25' width of the bermed area, which bermed area would be a minimum of 25' from the right of way of Hurricane Creek Road. A similar berm shall be constructed along the east side of Morris Lane and both of such berms shall be subject to the approval of the Department of Public Works. 6. The installation of a solid wood screen fence 6 ft. in height on the eastern and southern portions of the Premises that are contiguous to property which is zoned R-1. 7. Construction of a brick facade on the buildings which face East Brainerd Road. 8. The property shall not be used for the operation of a bar, bowling alley, electric game parlor, skating rink, bingo parlor, tanning bed, theater, sale of automobiles, health spas, indoor playgrounds, recreational and entertainment type activities or non-retail or non-service type activity provided that these restrictions shall not prohibit a pharmacy, physician or a professional office or a traditional video sale/rental store, record store or bookstore. 9. All mechanical equipment and other utility hardware located on the roof of the buildings located on the Premises, or on the grounds surrounding such improvements, shall be screened from the public view to the east, west and south with materials harmonious to the buildings, or they shall be located so as not to be visible from public ways other than East Brainerd Road. 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. 10. There shall be no trash burner or incinerators or any burning of trash on the Premises. 11. All utilities within the Premises shall be located underground. 12. A strip of land at least 10 ft. in width shall be located along the northern boundary of the Premises adjoining the southern right of way line of East Brainerd Road with no ingress and egress permitted along East Brainerd Road. 13. Outdoor lighting for the Premises shall be installed so as to minimize the glare onto the residential properties located to the west and south of the Premises. 14. Curb cuts along Morris Lane shall be limited to two and along Hurricane Creek to one. All of such curb cut entrances to the Premises shall be located to the north of the improvements to be located on the Premises. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage, as required by law. 0C PASSED on Third and Final Reading April 12, 1994. s/s_________________________________ CHAIRPERSON APPROVED:__X___ DISAPPROVED: _______ DATE: April 14, 1994. s/s_________________________________ MAYOR RHRH:meb