Home Depot usa, Inc. Ordinance no

1 2001-175

Home Depot USA, Inc.

ORDINANCE NO. 11208

AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO REZONE A TRACT OF LAND LOCATED AT 7442 SHALLOWFORD ROAD MORE PARTICULARLY DESCRIBED HEREIN, FROM R-1 RESIDENTIAL ZONE AND R-4 SPECIAL ZONE TO C-4 PLANNED COMMERCE CENTER ZONE, SUBJECT TO CERTAIN CONDITIONS.
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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 hereby is amended so as to rezone:

A tract of land located at 7442 Shallowford Road. To be rezoned from R-4 to O-1: Beginning on the south line of Shallowford Road, 1234 feet ± from the southeast corner of Shallowford Road and Gunbarrel Road, thence 80 feet southeast with Shallowford Road, thence 600 feet southwest, thence 80 feet northwest, thence 600 feet northeast to the point of beginning, being part of Tract E-2, Brookshire Subdivision, Plat Book 65, Page 12, ROHC, being part of Deed Book 5844, Page 83, ROHC. Tax Map 146H-F-001.08 (part).

To be rezoned from R-1 to C-4: To find the true point of beginning, start on the south line of Shallowford Road 1314 feet + from the southeast corner of Shallowford Road and Gunbarrel Road, thence 600 feet southwest to the true point of beginning, thence 108 feet southeast, thence 46 feet southwest, thence 552 feet southeast, thence 660 feet southwest, thence 660 feet northwest, thence 706 feet northeast to the true point of beginning, being part of Blocks 7 and 8, Brookshire Subdivision, Plat Book 12, Page 39, ROHC, as described as Tract 3 and part of Tract 2 in Deed Book 5397, Page 646, and part of Deed Book 3986, Page 394, ROHC. Tax Map 149H-F-009 (part), and 149J-A-001 (part) and 002.01.
from R-1 Residential Zone and R-4 Special Zone to C-4 Planned Commerce Center Zone.

SECTION 2. BE IT FURTHER ORDAINED, That this rezoning shall be subject to the following conditions:

1. The area to be zoned O-1 Office Zone is not to be used for building purposes, only for access and a commercial identification sign;

2. No commercial zoning proposed along Shallowford Road in compliance with “The Plan”;

3. A vehicular connection between Shallowford Road and Commons Boulevard, designed as a 25 mph road with the approval of the City Traffic Engineer, dedicated to the City upon completion and in compliance with “The Plan”;

4. A new traffic signal at Shallowford Road to reduce accidents and improve service;

5. A monument type sign, which compliments the YMCA sign, as the only sign for Home Depot on Shallowford Road. As part of the sign panel, there is a “no trucks allowed” sign;

6. The roadway is a three (3) lane section to beyond the entry for the YMCA and tapers to two (2) lanes with a streetscape as recommended in “The Plan” with sidewalks on both sides, landscaping with both trees and shrubs, and low level sidewalk type lighting;

7. A “speed table” to slow the traffic at the YMCA and provide a sidewalk type access for the YMCA from one side of the road to the other;

8. Three (3) areas across the front of the Home Depot store for outdoor display with the approval of the City Traffic Engineer;

9. Customer and employee parking which exceeds the City requirements and meets Home Depot’s needs as approved by the City Traffic Engineer;

10. Landscaped buffers to the east and north of the Home Depot building’

11. Landscaping throughout the parking are and the roadway to meet and exceed the City ordinance; and

12. All existing easements are retained.

SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage, as provided by law.

PASSED on Third and Final Reading

_____November 20 _______, 2001. S/________________________________________

CHAIRPERSON

APPROVED: __X___ DISAPPROVED: _______
DATE: ________November 27 __________, 2001
S/________________________________________

MAYOR

Reviewed By: s/____________________________

AKS/pm James S. Boney