1974-099 OrdinanceORDINANCE 19 74-99
Offered by Councilman Sansonettt
REZONING TWO CONTIGUOUS PARCELS
OF LAND WEST OF SHIAWASiEE AVENUE
TO PROVIDE FOR ORDERLY DEVELOPPMNT
OF THE SAbra.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN:
Section 1: This Council acknowledges receipt of legal descriptions of two
contiguous parcels of land, which are hereinafter set DUC in full,
together with a proposal from the owners thereof that the same
be rezoned to provide for development and use of the same accord-
ing to a unified plan. Upon consideration of said plan, this
Council finds that the development thereby proposed is reasonable
and consistent with the purposes of the Zoning Ordinance of the
City and with reasonable and orderly development and use of said
parcels and of lands surrounding the same, and should be
implemented in accordance with the terms of this present
ordinance and the General Zoning Ordinance of the City. This
ordinance is declared to be an amendment to Ordinance 1961-19,
as heretofore amended, as to the coca1 area hereinafter described;
· ' and should any of the provisions of this ordinance conflict with
any provision of said Ordinance 1961-19, as heretofore amended,
the provisions of this present ordinance shall prevail. All of
the provisions of this present ordinance are declared to be
interdependent, and should any one or more of the same be here-
after found and declared to be unconstitutional or otherwise
invalid by law, then none of the provisions of chis ordinance
shall be of any force or effect, except as they may retain in
force zoning classifications existing prior to the enactment
hereof.
Section 2: Subject to the limitations set out in succeeding sections of this
ordinance, certain lands lying west of Shtawassee Avenue are
hereby rezoned from R-1 and R-4a Residential to B-2 Retail
Business District use prusuant to the provisions of the Zoning
Ordinance 1961-19, as amended. Said lands are described as follows:
Situated in the City of Fairlawn, County of Summit and State
of Ohio, and known as being a part of Lot No. 5, formerly
Copley Township, and more fully described as follows:
Beginning at the Southwesterly corner of Lot 160 in the
Parkway Allotment as recorded in Plat Book 32, Pages 55
through 61 of the Summit County Record of Plats;
Thence S 89° 49~ 00,' W. a distance of 299.95 feet more
or less along the south line of original Lot No. 5 to a point;
Thence N. O0° 15~ 30,, W. alon§ a line parallel to and
distant 294.41 feet perpendicular easterly from the center
line of N. Miller Road, a distance of 182.25 feet more or
less to a point on the westerly extension of the cenCerline of
Ab !ngt on Road;
Thence N. 89° 57~ 35" E. along the centerltne extension
of Abington Road a distance of 483.65 feet more or less to a
point on the centerline of Shiawassee Avenue;
Thence Southeasterly along the centerltne of Shiawassee
Avenue a distance of 186.96 feet more or less to a point
on the easterly extension of the south lot line of LoC 160
of said Parkway Allotment;
Thence S. 89° 49~ 00,' W. along the easterly extension
of and the south lot line of Lot 160 of the Parkway Allotment,
a distance of 219.87 feet, more or less, to a point ~hich is
the southwesterly corner of said Lot 160 and the cru~. place
of beginning.
Ordinance 1974-99, page 1
.
ORDINANCE 19 74-99
Pase 2
I~ being the intent [o include lands currently owned by Ohio
General, Inc., and $~anley I. Bol[z, which are bounded on ~he
eas~ by ~he cen[e~:l[ne o£ Shtawassee Avenue; on [he sou[h b7
~he sou[h boundary of Lo~ 160, Partozay Al lotmen[ and [he
ex[enston eas[ and wes[ ~bereof; on the wes[ by [he ~es[
boundary of Ohio General, Inc.; and on ~he north by the
cen~erltne of Ab[ng~on Road and the westerly ex[ension
[hereo£.
Section 3: Certain lands lying west of Shiawassee Avenue are hereby rezoned
from R-4a (Twtnplex) Residential to B-1 Limited Business Use
pursuant ~o the provisions of the Zoning Ordinance, 1961-19,
as amended. Said lands are described as follows:
Situated tn ~he City of Fairlawn, County of Summit, and
State of Ohio, and known as being a part of Lot No. 5,
formerly Copley Township, and more fully described as follows:
Beginning at the intersection of the centerline of Abington
Road and the west boundary of the Parkway Allotment as recorded
tn Plat Book 32, Pages 55 through 61 of the Summit County
Record of Plats;
Thence S. 89° 57~ 35" W. along the westerly extension of
the centerline of said Abington Road a distance of 299.95
feet more or less to a point;
Thence N. 00° 15t 30" W., along a line parallel to and
distant 294.41 feet perpendicular easterly from the center
line of the N. biiller Road~ a distance of 439.91 feet more
or less to a point;
Thence S. 58° 08t 00" E., along a line being parallel
and distant 800.00 feet perpendicular northeasterly from
the northerly right of way line of West Market Street (S.R. 18)
as originally established as 100 foot R/W, a distance of 355.95
feet to a point in the westerly line of the said Parkway
Allotment;
Thence S. 00° 06' 00" W. along the westerly line of the
said Parkway Allotment a distance of 255.70 feet more or
less to the true place of beginning.
It being the intent to include lands currently owned by
Stanley I. Boltz which are bounded on the east by the ~;est
boundary of the Parkway Allotment; on the south by the westerly
extension of the centerline of Abington Road; on the west by the
west boundary of the lands of Stanley I. Bo ltz; and on the
north by a line pcorallel and distant 800.00 feet perpendicular
northeasterly from the northerly right of way line of West
Market Street (S.R. 18) as originally established as 100.00
foot R/W.
Section 4: Notwithstanding the provisions of Section 1 hereof, by agreement
of the owner and as a strict condition hereof, that portion of
the parcel described in said section which is owned by Ohio
General, Inc. shall be developed only for such uses permitted
in a B-1 use district. As a further condition, and by consent
of the owner, no further development shall be made on that portion
of the parcel described in Section 2 which is owned by Stanley I.
Boltz beyond that which is currently under construction as hereto-
fore approved by the Planning Commission.
Ordinance 1974 - 99
ORDINANCE 1974 - 99
Section 5: None of the parcels described in this Ordinance shall be rezoned
or used for any of the purposes newly permitted by this Ordinance
unless and until:
a. There shall have been delivered to the City a fully executed
Declaration of Restricted Use for all parcels zoned B-2 and
including the so called "Boltz" B-2 property located south
along Shiawassee Avenue and abutting property being rezoned
by this Ordinance encumbering the said parcels by covenants
that the same shall be used for no purpose other than one
permitted in a B-1 Use District except that the building
perpendicular to Shiawassee Avenue right of way now located
on B-2 land not being rezoned by this Ordinance be limited
to the maximum of present B-2 commitments of 7,350 sq. ft.,
nothwithstanding the basement area which may be used for
storage, and that useage of the remaining square footage be
limited to B-1 useage. Such Declaration of Restricted Use
shall be in such form that the covenant shall run with the
land, that the same shall be for the benefit of the City and
of abutting properties residentially zoned.
b. There shall have been delivered to the City a fully executed
Declaration of Restricted use for all parcels zoned B-1
encumbering said parcels by covenant that the same shall
provide a 58 ft. buffer strip of land adjacent to and
abutting any "R" zoned district, this includes a 58 ft. buffer
strip abutting the rear lot lines of lots 29, 30, 31, and 32
fronting on Shiawassee Avenue of this allotment known as
Parkway Allotment, encumbering said parcels by covenant that
the same shall be used for no purpose other than a buffer
strip and shall contain upon the land only items of nature
that provide for landscape area such as grass, trees, and shrubs,
etc., excluding any man-made structures or additions of any
nature on the surface of the land. Such Declaration of
Restricted Use shall be in such form that the covenant shall
run with the land, that same sb_all be__for ben.efit of the City
and of abutting properties residentially zonea.
Section 6: The Zoning Map shall be properly amended to reflect the changes in
zoning effected by the Ordinance, and in the designation of the
several use districts thereon the word "Restricted" shall be
entered next to the several use classifications noted, and the
marginal reference shall be made to this Ordinance on said map.
Section 7: This Ordinance shall be in full force and effect from and after
thirty days after its enactment.
Enacted October 7 , 1974
William F. Reed
Clerk of Council
S~p ,~
JQ' h . Sansonetti
President of Council
Approved ~u~.. ~ , 1974 Approved as to Form:
~ ,. ..' %~ ~.~% ~ - ~..
,~ee~. ,. Hartla~, Mayor oougl~ D."NZook, ~w Dire~or '
/ ~ ~'
Council of the City of Fai~la~, S~it County,
"Ohio, do hereby certify t~t the foregoing Ordinance 1974-99 was duly and
regularly passed by the Council at a Regular Meeting on October 7, 1974.
vrf'f, hin Ordinance Resolution was published by
~ ,
posting a trt~e copy of the same in five publ~c
places within the City as prescribed in Ord. 1972-108.
~illiam F. Reed
Clerk of Council
William F. Reed, Clerk of Council
Ordinance 1974 - 99 Page 3
ORDINANCE 1974 - 99
Section 5: None of the parcels described in this Ordinance shall be rezoned or
used for any of the purposes newly permitted by this Ordinance unless
and unt il:
a. There shall have been delivered to the City a fully executed
Declaration of Restricted Use for all parcels zoned B-1 and
B-2 and including the so-called "Boltz" B-2 property located
south along Shiawassee Ave. and abutting property being rezoned
by this Ordinance encumbering the said parcels by covenants
that the same shall all be considered as one parcel as relating
to abutting property owners and binding covenants and used for
no purpose other than one permitted in a B-1 Use District.
except that the building perpendicular to Shiawassee Avenue
right-of-way now located on B-2 land not being rezoned by
this Ordinance be limited to the maximum of present B-2
commitments of 7,350 sg. ft., notwithstanding the basement
area which may be used for storage, and that useage of the
remaining square footage be limited to B-1 useage. Such
Declaration of Restricted Use shall be in such form that
the covenant shall run with the land, that the same shall be
for the benefit of the City and for the benefit of the owners
of all lands of abuttin~ property and all owners of lands
across the street from the abuttin~ .property owners, their
heirs and assigns, that it shall be entitled to record and
that all owners and lein holders have joined therein and that
the written approval must be given by all owners described
herein above before this covenant and Declaration of
Restricted Use can be removed or changed.
b. There shall have been delivered to the City a fully executed
Declaration of Restricted Use for all parcels zoned B-1
encumbering said parcels by covenant that the same shall
provide a 58 ft. buffer strip of land adjacent to and abutting
any "R" zoned district, this includes a 58 ft. buffer strip
abutting the rear lot lines of lots 29, 30, 31, and 32
fronting on Shiawassee Avenue of this allotment known as
Parkway Allotment, encumbering said parcels by covenant that
the same shall be used for no purpose other than a buffer strip
and shall contain upon the land only items of nature that
provide for landscape area such as grass, trees, and shrubs,
etc., excluding any man-made structures or additions of any
nature on the surface of the land. Such Declaration of
Restricted Use shall be in such form that the covenant shall
run with the land, that same shall be for the benefit of the
City and for the benefit of all owners of all lands of abutting
property and all owners of lands across the street from the
abutting property owners, their heirs and assigns, that it
shall be entitled to record and that all owners and lein
holders have joined therein and that the written approval
must be given by all owners described herein above before this
covenant and Declaration of Restricted Use can be removed or
changed.
Section 6: The Zoning Map shall be properly amended to reflect the changes in
zoning effected by the Ordinance, and in the designation of the
several use districts thereon the word "Restricted:' shall be
entered next to the several use classifications noted, and the
marginal reference shall be made to this Ordinance on said map.
Section 7: This Ordinance shall be in full force and effect from and after thirty days after its enactment.
·
Passed as amended: October 21~1974 _--- ~ t.."~/ ~'
? / ~ %..'.:./~',-" ~-~" /~i'. "
~.~~'/,' j ~~ ._.,.~,'i:~:. Jo..~eph P. Sansonetti, President of Council
William F. Reed, 'Clerk oT Council
Approved: , 1974
Approved as to Form:
Joseph A. Hartlaub, Mayor
(AMENDED) ORDINANCE 1974- 99