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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. - 1- 1977-73 (Amended) 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: , ( ,. ....-, /,.,. . ,it '., ..-., .: '/;. ,'-,, .... 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 - 2 - 1977- 73 (Amended)