CITY OF WESTLAKE, OHIO
ORDINANCE NO. 2013-94
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE
ZONE MAP OF THE CITY OF WESTLAKE, WHICH ZONE MAP IS
PART OF THE ZONING CODE OF THE CITY OF WESTLAKE, BY
CHANGING THE ZONING OF CERTAIN LAND LOCATED ON
CLEMENS ROAD, BEING PERMANENT PARCEL NO. 212-12-013,
FROM RECREATIONAL BUSINESS DISTRICT TO OFFICE LAB
DISTRICT.
WHEREAS, Hyland Software, Inc. has made an application to Council to have its
land described herein rezoned from Recreational Business District to Office Lab District; and
WHEREAS, it appears that the zoning that applies to the real property described in
the legal description attached hereto is improper under the conditions presently existing and
inadequate for the development and use of this land; and
WHEREAS, after careful consideration, the Planning Commission of the City, on the
day of Acgcst 2C? , 2013, recommended approval of the change of the District herein
specified as requested by this Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF WESTLAKE, COUNTY OF CUYAHOGA AND STATE OF OHIO:
Section 1:
That after submission of this Ordinance to the Planning Commission of
this City for its opinion and recommendations, and after a Public Hearing hereon, notice of
which has been given pursuant to Section 13 of Article III of the Charter of this City entitled
"The Council - Enactment of Zoning Ordinances," and after its passage pursuant to the
Charter of this City and its approval by the Mayor of the City of Westlake, the Zone Map of
Westlake is hereby amended and as amended shall be and the same is hereby revised by
changing the zoning of certain land known as Permanent Parcel No. 212-12-013, from
Recreational Business District to Office Lab District, which land is more fully described in
Exhibit "A" attached hereto and made a part hereof.
Section 2:
That the Clerk of Council be and she hereby is directed to cause a
notice of Public Hearing hereon to be given pursuant to the provisions of Section 13 or Article
III of the Charter of the City.
Section 3:
That the Director of Engineering be and he hereby is directed to amend
said Zone Map of Westlake so that when amended said Zone Map will disclose that the
premises described in Section 1 hereof shall be revised by changing the zoning of certain
described land from Recreational Business District to Office Lab District and thai said portion
of parcel of land may thereafter be used in accordance with the use of the District as permitted
by the Zoning Code of the City of Westlake.
CITY OF WESTLAKE, OHIO
ORDINANCE NO. 2013-94
PAGE 2
Section 4:
That it is found and determined that all formal actions of this Council
concerning and relating to this legislation were adopted in an open meeting of this Council
and that all deliberations of this Council and any of its committees that resulted in such formal
action were in meetings open to the public in compliance with all legal requirements
including Section 10, Article XI of the Charter of the City of Westlake.
Section 5:
That this Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
First Reading:
(a I(a /13
Referred to Planning Commission:
Cs/(a /<3
Report ofPlanning Commission on:
&/ 2te / <3
The Planning Commission recommended to Council that this Ordinance be:
Approved:
Second Reading:
a
Disapproved:
9 /S 1 »3
9/f9/l3
9j \9 j \3
Public Hearing: _
Passed:
President of Council
Presented to Mayor:
9/^oj\3
Approved:
9/2o/l3
ATTEST:
iM/UU,
(hU-HJs'rzLu^^
uki
Denise L. Rosenbaum. Clerk of Council
I, Denise L. Rosenbaum, Clerk ofCouncil ofthe City ofWestlake do
hereby certify that Ordinance/Resolution no. ^f)/3»~S^
adopted
.9/i9/|3)
9/2o/ i3)
was duly posted on
and remained posted for aperiod
of15 days thereafter in notless than 2 ofthemost public places in
the City as determined by the Charter ofsaid City.
^D^S??{.
Dennis M. Clough, Mayor/f
EXHIBIT "A'
ORDINANCE NO. 2013-94
Cleveland
EXHIBIT "A"
Sffite^rfftuake, County of Cuyahoga and State of Ohio arid known as being
Renlnnlna at an Iron monument In the centertlne of Clemens Road, 60 feet wide, at the
tSS^Smit
aparcetof .and conveyed to ^°X^!£ir B«?£*
1\/«hfma <LiQ7 Paaa 428of Cuyahoga County Deed Records thence South 87 52" °B east
2f< C?U SeS"of 305.00 feet to apoint; thence South BT «* 58" East adistance of
SritaJSrt b£ oU parXnand conveyed toWdodhlll Properties Inc. bydeecUs recorded
497 41 fMt to a point: thence Worth 2V 45' 01" East a distance of 161.17 feet to the
httEmfnSEub Page 15 of. Cuyahoga County Deed Records; thence South 62" 14' 69"
'^^\S^SSS£ Hne adistance of 260.10 feet to tha norihv/eaterly corner of a
fStaSf/nnSttoXurfl &N.R. Jonas by.deed as recorded In Volume 160.48, Page
^IwSKSiSSftTO South 87MB' 11" East adistance of=266.36 feetto the centerHne
c
of ffifidl10Tfeet wide; thence 354.88 feet along said centertlne being the are of acurve,
££X?to to left twina radius of-854.93 feet and achord distance of 352.84ieet tha
taSflSib
5»JrWest idan iron monument at apoint of.tengenoy; thenceMh 5-«
6?East aora foe centertlne of Cahoon Road adistance of 29.37 feet to the northerly limited•
aLsfIheoflnteratate Route 90: thence North W 28- 39" West along said northerly fine a
Zee of44105 feet to an Iron pin set at an angle point; thence North 83* 31' 09"West along .
saidfnortherh/ tine adtelance of 736.92 feet to the southeasterly corner ofthe aforesaid parcel of
K5S to KlKtoon Corporation; thence North 2' 26' 21" East along the, easterly line
SXSI •distance of 846.76 feet to the place of beginning and containing 18.6673 acres
' o lalS acwrcftifl to asurvey by James KResar Ohio Registered Surveyor No. 6381 dated
Seasons Sports Country Club-Cleveland West, Inoofpajiofitotoa^
•64Ss ^VhownJaJhejec^
EreemerS
aSSm**^
P*se 64 as appears by saW
thatcerteln Sanitary Sewer and Storm Sewer Easement
Rve Seasons Sports Country Clubs, LUC, an Ohio limited llablIlly
conwanv and Five Seasons Sports CountryClub- Cleveland West, Inc., an Ohio corporation,
dltedJanuary 23,2008 and recorded January 25,2008 In Document Number 200801260531 of
the'Cuyahoga County, Ohio Recorder's Office, said easement areas being more particularly
described as follows:
S^e^^^ESwIitelSrCounly ofCuyahoga and Slate ofOhio and knownas being part •
ofOrlghsl DoverTownshlp Lot No. 84 and bounded and described as follows:
Bwrtnnlna onthe southerly line ofClemens Road, 60 feet wide, atthe northweateriy corner ofa
osrool offend conveyed toWoodhlH Properties-, too. bydeed asrecorded In volume 884)2494,
pace 16 ofCuyahoga County deed records; Thence South 28' 34' 44" East along the westerly
fine ofthe said Woodhtll Properties, Inc. parcel and the southeasterly prolongation thereof a
dblanoe of168.62 feet toa point; Thence South 73'48' 27'East adistance of82.64 feet toa
point; ThenceSouth 27* 46* 01* West adistance of20.41 feet to apoint* Thence North 73' 48'
.
/i
§
*—,-.<^j~-\~
r
.•EXHIBIT "A"
CONTINUED
27*West adistance of 73.61 feet to apoint; Thence South 27* 45' 01''West adistance of 142.66
featmwX Thence North 87* 62' 68"West adistance of22.18 feat to apoint; Thance North
^^^uSImdl 154.33 feet to apoint;Thence North 28'34' 44'Wast adistance of
170 26 feet to the southerly line ofClemens Road; Thence 2Q.04 feet along said southerly line,,
bSna the amofacurve, deflecting to the felt, having aradius of 180.00 feet and achord distance
of20.03 fee?that bears North 66' 36* 39" East to tha place ofbeginning, be the same more or
lessbutsubject toall legal highways.
^SSS^C^&S!^^<*Cuy8h°8aand
stala ofOWoandknawn as b8lnfl**
ofOriginal DoverTownshlp Lot No. 64 and bounded and described as follows:
Commencing at aan Iron monument In the centertlne ofCahoon Road, 60 feet wide, at lis
. mtersecttoh wtlh the northerly prolongation ofthe easterly line ofaparcel ofland conveyed to
Nordso^
RecordsThence South 87» 62' 68' East along the centertlne ofCahoon Road adistance of .
place of beginning of land herein described;
Thence South 87' 62' 66' East adistance of 176.00 feet to apoint; Thence South 02' 26' 21"
EaslTdlstance of 16.00 feet to the southerly line of parcel no. 2of aLot Split &Assembly Plat
ahown by the recorded plat In volume 287, page 64 of Cuyahoga County map records; Thence .
North 87' 62' 68-West to the westerly line of said parcel no. 2; Thence North 02" 26' 21" East a
distance of 16.00 feet to the principal plape of beginning, be the same more or less but subject to
alllegal highways.
*£%. h2Seasons Sports Country Clubs, LLC, an Ohio limited llabSMy company, and FWe
Seasons Swrts Country Club - Cleveland West, Inc., an Ohio corporation, dated January 23,
tma^^d^J^ 25, 2008 In Document Number 200801260532 of the Cuyahoga
County, OWo Recorder's Office, said easement area being'more particularly described as
follows:
Situated In the City ofWestlake, County of Cuyahoga and State of Ohio and known as being part
.'ofOriginal Dover Township Lot No. 64 and bounded and described as follows:
' commencing In the southerly line of Cahoon Road, 80 feet wide, at the n^hwesterty wnerof a
Dareel of lard conveyed to Woodhlll Properties, Inc. by deed asrecordsd In volume 88-02494,
oaae 16 ofCuyahoga County deed records, said point being the northeasterly corner ofparcel
no 2ofa Lot Spilt &Assembly Plat for Five Seasons Sports Country Club - Cleveland as shown
by foe recorded plat In votume 267, page 64 ofCuyahoga County map records; Thence South
26* 34' 44" East along the easterly line ofsaid parcel no. 2adistance of126.82 feet to an angle
point; Thence South 62-14' 69" East adistance of42.87 feat to the principal place ofbeginning
of land herein described;
Thence South 62° 14* 69' East adistance of72.13 feat to the mosl easterly corner ofsaid parcel
io i- Thence South 27* 45* 01' West along the southeasterly Hne ofsaid parcel no. 2adistance of
161717 feet to an angle point; Thence North 87' 62' 68"West along the southerly Hne of said parcel
no 2adistance of 80.00 feet to apoint; Thence North 27' 45* 01" East adistance of 185.76 feet to
the principal place of beginning, be the same more or less but subject to all legal highways.
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