1977-073 OrdinanceORDINANCE 1977-73 (Amended)
OFFERED BY: Mayor Hartlaub
AN ORDINANCE CONDITIONALLY REZONING A PART OF
LOT 3 FROM R-1 RESIDENTIAL TO B-4 BUSINESS DISTRICT.
~HEREAS, Char]es G. Pedone and Melvin Epstein are parties to written
agreements cowering a part of Original Lot 3 fronting on W. Market Street and
west of and adjacent to the Akron Clinic property, and
WHEREAS, said parties presented a plan for the development of such
property for the construction of indooz tennis and racquet ball courts, and
WHEREAS, said land is currently zoned 11-1 Residential and the proponents
and the Planning Commission agreed that said property should not be rezoned
to unlimited B-4 Business uses but rather should be restricted to only those
uses presented:
NOW, THEP~EFORE, UPON THE RECO~NDATION OF THE PI3dXrNING COP~ISSION,
BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN, OHIO:
Section 1' Subject to the conditions of this ordinance set out, the following
described property is hereby rezoned B-4 Business from R-1
Residential'
PARCEL 1: Situated in the City of Fairla%~n, County of Summit, and
State of Ohio, and known as Being a part of original Lot No. 3
of the To~nship of Copley more full described as:
Beginning at a stone in the East line of said Lot 3 which is
South 0", 45' W. 1321.53 feet from the Northeast corner of
said lot 3; thence North 89° 35' 30" W. 446.15 feet to an
iron pipe which is the true place of beginning; Thence North
89° 35' 30" W. 165 feet to an iron pipe; thence North 0" 45'
E. 694 feet to an iron pipe; thence South 89~ 35' 30" E. 165 feet
to an iron pipe; thence South 0" ~.5' W. 694 feet to the place of
beginning and containing, as surveyed August 10, 1942, by
S. G. Swigart and Son 2.6288 acres of land.
Also including an easement and right of way over the westerly
16 feet of ground, the westerly line of said 16 feet of ground
shall be along the west line of said premises herein described
extended northerly to the center line of Akron-Medina Road,
otherwise known as Route 18, and is the same easement of right-
of-way as conveyed to Charles Doolittle, Irene Doolittle,
Rusus Doolittle and Addie V. Doolittle, dated September 8, 1942,
and recorded in Volume 1963, Page 675, Summit County Records.
PARCEL 2- Situated in the City of Fairlawn, County of Summit,
and State of Ohio, and known as being a part of Lot Number
Three (3), formerly Copley To%~ship. Beginning at a point in
the North line of said Lot Number Three (3), North Eigh~seven
(87)" 20' W. a distance of 281.50 ft. from the Northeast corner
of said Lot Number Three (3); thence South 3° W. a distance of
1320 ft. along a line parallel to the East line of said lot to an
iron pin thence North 87" 20' W., a distance of 165 ft. to an
iron pin; thence North 3° E. a distance of 1320 ft. to the
North line of said lot; Thence South 87" 20' E. a distance of
165 ft. along the North line of said lot to the place of
beginning and containing 5 acres of land.
Section 2: The conditions of the rezoning accomplished hereby are as follows:
(A) This rezoning shall terminate, and be of no further force and
effect and the land shall return to an R-1 Residential use
in the event the construction of indoor tennis and racquet
ball courts not commence, substantially as presented to the
Fairlawn Planning Commission on September 13, 1977, on or
before fifteen (15) months from the date of the enactment
of this ordinance.
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ORDINANCE 1977 - 73 (Continued)
(B) This rezoning shall terminate and be of no further force and
effect immediately upon the termination of occupancy and
use of any improvements constructed upon the premises as
tennis and racquet ball courts.
(C) The rezoning accomplished hereby is for the sole purpose of
permitting use of the land for uses set forth above and in
no event shall any other B-4 Business use be permitted or
allowed thereon without further Councilmanic action.
(D) Ail areas not specifically being used for the building
containing the indoor tennis and racquet ball courts and
related services and the required parking and entrance
road shall be landscaped and such open space provided
about this building shall not be included or used as a part
of any open space required for another building or structure
or shall not be used for outdoor tennis and racquet ball
courts.
Section 3: Appropriate notation shall be made on the Zoning Map to show the
conditional zoning hereby accomplished.
Section"4: That it is hereby found and determined that this legislation complies
with Section 121.22, O.R.C. regarding notification of meetings and
all deliberations of this Council pertaining hereto have been
conducted in accordance therewith.
Section 5: This ordinance shall be in full force and effect from and after
the earliest period allowed by law.
,~. ',~/ /"*
ENACTED: November 21 , 19 77 . ....,.'"'/ '" /' '".~'/
.~..--Ri"cha~d C. Lo ~
President of Council
Cler~ o£ Counc±l
APPROVED: November 22
1977
Approved as to Form:
,
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'., ..-., .: '/;. ,'-,, .... 7 '. ".,.-,,
/J~'se~. A. Har~laub, Mayor Robert H. Maxson
/ ~/ Director of Law
I, William F. Reed, Clerk of Council of the City of Fairlawn, Summit County,
Ohio, do hereby certify that the foregoing Ordinance 1977-73 was duly and
regularly passed by the Council at a Regular Meeting on November 21, 1977.
William F. Reed, o~ Council
This is to certify that on //-,,~3-'7 ~ the
wi'thin Ordinance Resolution was published by
posting a true copy of th~ same in five public
places within the City ~s prescribed in Ord. 1972-108.
V,'P
William F. Reed
Clerk of Council
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1977- 73 (Amended)