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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