Subject: 10611/96-257 Bowman, Charles T. Date: Mon, 27 Feb 1989 12:20:00 -0500 1996-257 Charles T. Bowman ORDINANCE NO. 10611 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO REZONE A TRACT OF LAND LOCATED AT 6150 HIXSON PIKE, BEING OFF THE SOUTHEAST LINE OF HIXSON PIKE SOUTHWEST OF BIG RIDGE ROAD, FROM C-2 CONVENIENCE COMMERCIAL ZONE TO R-4 SPECIAL 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 6150 Hixson Pike, being off the southeast line of Hixson Pike southwest of Big Ridge Road. Part of an unplatted tract, being part of the property described in deed book 4621, page 28, ROHC. To find the true point of beginning of said part of tract, start on the southeast line of Hixson Pike 1155.34 feet southwest of the intersection of the southeast line of Hixson Pike with the southwest line of Big Ridge Road, thence southeast 432.31 feet to the true point of beginning, thence northeast some 150 feet, thence northeast 194.96 feet, thence northeast 70 feet, thence northeast 155.24 feet, thence northeast 70 feet, thence southeast some 201.5 feet to a point 700 feet (if measured at a right angle) southeast of the southeast line of Hixson Pike, thence southwest some 790 feet (as measured on tax map), or 780 feet (as measured on boundary survey), parallel to, and at all points 700 feet southeast of, the southeast line of Hixson Pike, thence northwest some 263.5 feet, thence northeast 187.11 feet to the true point of beginning. Tax Map No. 101-19.6 (part). from C-2 Convenience Commercial Zone to R-4 Special Zone. 0C SECTION 2. BE IT FURTHER ORDAINED, That this rezoning shall be subject to the following conditions: AMENDED LANDSCAPE CONDITIONS The following conditions apply to zoning case #1996-257, affecting that portion of the property rezoned to R-4. I. STREET TREE LANDSCAPING A. Applicability: Along both sides of all interior streets and drives, the applicant shall provide a street yard border as described herein. B. Street Yard Standards 1) The yard shall have a minimum width of eight (8) feet as measured from the edge of the street or drive curb. The yard shall consist of sod grass or other natural ground cover material. No impervious surfaces are permitted in the street yard area. 2) Trees shall be planted on each side of the street or drive at a minimum rate of one (1) tree per thirty-five (35) linear feet. Street trees may be grouped closer than thirty-five (35) feet provided they are spaced a minimum of fifteen (15) feet apart as measured from trunk to trunk. 3) In order to count towards the street tree requirements, each planted tree shall have a minimum height of twelve (12) feet at installation as measured from grade level to the top of the tree crown. Planted trees shall also have a minimum expected maturity height of at least thirty-five (35) feet. Trees shall be installed according to the Arboricultural Specifications Manual available from the City Forester. 0C II. PARKING LOT LANDSCAPING A. Applicability: The paved parking surface area, defined by the parking stalls (including truck delivery stalls), the lanes serving those stalls, and including perimeter areas within ten (10) feet of the parking lot edge shall be landscaped as described herein. B. Standards 1) The development shall provide, at a minimum, one (1) tree per ten (10) parking spaces (including truck delivery stalls). Trees planted in the street or drive may be used to meet these requirements provided they are located within the paved parking surface area (defined above). 2) Trees can be located anywhere within the paved parking surface area as defined in the applicability section above, provided no parking space is located more than sixty (60) feet from a tree, as measured horizontally from the tree trunk. 3) Each planted tree shall have a minimum of one-hundred (100) square feet of landscaped area. The landscaped area shall consist of sod grass or other natural ground cover material. No impervious surfaces are permitted in the landscaped area. No tree shall be planted closer than five (5) feet from the edge of the landscaped area. To protect landscaped areas from vehicle encroachment, they shall be bordered by a curb or wheel stop. 4) In order to count towards the parking lot landscaping requirements, each planted tree shall have a minimum height of twelve (12) feet at installation as measured from grade level to the top of the tree crown. Planted trees shall also have a minimum expected maturity height of at least thirty-five (35) feet. Trees shall be installed according to the Arboricultural Specifications Manual available from the City Forester. III. SCREENING A. Applicability: The development shall provide a year-round, sight-obscuring screen along the entire shared property line of each residentially zoned property. 0C B. Standards 1) The development shall provide a landscaped area of at least fifteen (15) feet in width, as measured horizontally and perpendicularly from the adjoining property to be screened. The landscaped area shall consist of sod grass or other natural ground cover material. No impervious surfaces are permitted in the landscaped area. 2) Within the landscaped area, the development shall provide a planted natural screen consisting exclusively of evergreen plantings. Evergreen shrubs, if applied, shall be planted in two staggered rows; within each row shrubs shall be spaced a maximum of eight (8) feet. Each shrub shall have a minimum size of three (3) gallons and have an expected maturity height of at least eight (8) feet and an expected mature canopy spread of five (5) feet. Evergreen trees, if applied, shall have a minimum height of eight (8) feet at planting and spaced a maximum of ten (10) feet apart measured horizontally from trunk to trunk. Trees and shrubs shall be installed according to the Arboricultural Specifications Manual available from the City Forester. IV. MAINTENANCE The property owner shall be responsible for the maintenance of all landscaping provided in the development. All landscaped areas must present a healthy, neat and orderly appearance and shall be kept free from refuse, debris, weeds and disease. All landscaped areas shall be provided with an adequate water supply. At least one water outlet must be located within 150 feet of all plant material. V. LIGHTING All lighting shall be located and directed away from abutting residential properties. VI. CURBS, TREE GUARDS, OTHER DEVICES In locations where plants will be susceptable to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or wheel stops. 0C VII. RECOMMENDED STREET TREE SPECIES Common Name Scientific Name Pin Oak Quercus palustris - NATIVE Sawtooth Oak Quercus acutissima Willow Oak Quercus phellos - NATIVE Red Maple Acer rubrum - NATIVE Sugar Maple Acer saccharum - NATIVE Ginkgo Ginkgo biloba Lacebark Elm Ulmus parvifolia VIII. PROHIBITED PLANTS The following plants are prohibited from being used to meet these requirements due to problems with hardiness, maintenance, or nuisance: Kudzu Vine Garlic Mustard Purple Loosestrife Paulownia Japanese Honeysuckle Poison Ivy Shrub Honeysuckle Siberian Elm Autumn Olive Silver Poplar Common Privet Mimosa Tree of Heaven Mulberry Multiflora Rose Poisonous Oak Lespedeza Silver Maple09 SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage, as provided by law. PASSED on Third and Final Reading September 16, 1997. s/__________________________________ CHAIRPERSON APPROVED:__X___ DISAPPROVED: _______ DATE:__9/17/97. s/__________________________________ RHRH:meb MAYOR