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REUEIYEU September 29,2023. W2SSEP 28 PM 2:58 AKRON CITY COUNCIL Requested by Department of Planning and Urban Development City Planning Commission ‘SUBSTITUTE OFFERED AS AMENDMENT PC-2023-14-CU Offered By: ORDINANCE NO. -2023 authorizing a Conditional Use to establish a restaurant at 1221-1225 W. Market Set; and declaring an emergency. ‘The streets involved are W. Market Stret and Twin Oaks Road WHEREAS, Jaime Delapaz, has petitioned Council for a Conditional Use of property described in Section | hereof, and WHEREAS, under the provisions of Section 153.460-.492 of the Code of Ordinances, the Akron City Planning Commission, tits meeting on March 17,2023, under file PC-2023-14-CU has reviewed the Conditional Use deseribed in Seetion | hereof; and WHEREAS, the Planning Staff has found the requested Conditional Use to be consistent withthe standards established in Section 153.474; and WHEREAS, Council, after public notice and hearing, is ofthe opinion thatthe Conditional Use described in Section 1 hereo is in the public interest and serves the public good. ‘NOW, THEREFORE, BE IT ENACTED by the Council ofthe City of Akron: Section. That Jaime Delapaz, whose address is 50 Twin Oaks Road, Akron, OH 44313, lessee of the property described in EXHIBIT A, attached, be and is hereby authorized under the provisions of Section 153 460-492 of the Code of Ordinances of Akron, Ohio, to establish restaurant at 1221-1225 W. “Market Street based on plans to be filed inthe office ofthe City Planning Commission ented “Boundary & ‘Topography Survey; Dated: 6/05/05" and subject tothe following conditions: (1) Thata landscape planting and fencing plan which conforms to the "Akron Development Guide” as refered to in Section 153.300-.310 of the Zoning Code be submitted to the Department of Planning and Urban Development for its review of compliance with said guide, and thatthe landseaping and fencing be installed and maintained as shown on the approved plan. 2) That the location and sizes of points of ingress and egress be subject to the approval ofthe Trafic Engineer, (3) That the number, size, and location ofall exterior signs shall be subject to the approval of the Department of Planning and Urban Development, and these signs shall conform to Section 153.345- .375 of the Zoning Code. Freestanding signage shall be limited to one (1) ground mounted (monument) sign and shall not be internally illuminated. (4) Thatall exterior lighting on the Petitioners property, if any, be installed so as not to impair in any ‘way the safe movement of traffic on any strest o highway or soas not to intrude on the surrounding, properties. (5) That the area be kept fee of trash and iter. (©) ‘That the owner applies for and has the property designated asa local histori landmark (1) That the cariage house shall not contain a micro-brewery, brewpub, or liquor establishment. (8) That any outdoor amplified noise/sound shall not occur past 9:00 p.m. in compliance with Section 132.16 of the City of Akron Municipal Code of Ordinances. (9) That all driveways and parking areas be hard-surfaced and curbed to Bureau of Engineering specifications and that the drive entrance shall be widened to allow two-way trafic (10) That the City of Akron shall investigate the addtion/allowance ofan eastbound left-turn from Twin ‘Oaks Drive onto West Market Street. (11) Thatto ensure development as shown on the approved plans, Performance Bond be placed with the Department of Planning and Urban Development at 100% ofthe estimated cost ofthe following: (@) Landscaping installation as refered to in Item (1) above, (b) Hardsurfacing as refered to in Item (9) above, (12) ‘Thatasa prerequisite tothe issuance of any bu be submited othe or grading permit incident hereto, the following (@) Bond as referred to in Item (11) above, (6) Landscape plan as referred to in Item (1) above. Section2. This ordinance is hereby declared to be an emergency measure necessary for the ‘immediate preservation of the publie peace, health, and safety forthe reason tal the restaurant isa creative reuse ofthe historic Carkhuff Mansion, and if this ordinance receives the affirmative vote of two-thirds oF the members elected or appointed to Council, it shall take effect and be in foree immediately upon its passage and approval by the Mayor, otherwise, it shall take effect and be in force atthe earliest ime allowed by law. Passed 2023 ‘Clerk of Counel resident of Council Approved, 2023 MAYOR PARTI ‘SubjecvProject ——PC-2073-14.0U _EST_ RESTAURANT AT. “1223:12285 W, MARKET ST, Department of Origin: DEPT_OF PLANNING & URBAN DEVELOPMENT _Dae.0072170009| Bureau of Org Dison of Ong: ‘Dane ect Sheet Prepared by: ‘MICHAEL ANTENUGGL ZONING MANAGER DateGivan2023 Financial Data: ‘Action Current Estimate ‘Appropiaion Over ‘Budgeted Cost ‘of Cost Budgeted Cost. Curent Request: Source AmountSource Amount NA Tota Project (it appicable) ‘AmountSource Amount NA PARTI Purpose of Legisiation: Authorize a Conditional Use to establish a restaurant at 1221-1225 W. Markt Steet Impact of Objective ofthe Legisaton: NIA ‘Atoratives: NIA Earlier Leisation on his Subject: NA ‘Adtional Comments/Remarks (85. sppropriat}; Both the Planning Sta and the Planning Commission recommended approval of his request. Exits: Map, legal ‘Tis report must be completely filed out and must accompany af Ordinances, resolutions, and documents sentby Cy Council, Part! shouldbe filed outn the space provided. Prt wilequieadctional pages. ‘The ene report must nol exceed ata of 5 panes, Tens Page 3 PAGE 1 OF2 EXHIBIT Ncs-1045639.4R LEGAL DESCRIPTION ‘Stuate inthe Gry of Aton, Count of Sumit State of Ol, ans described as folows ‘Stuated nthe Cty of Akron, Caunty of Sunt and State of Ohio and known as beng pat of oe 0, West of Portage Pat ls being &porton of nd cnred by Tin Oats Ivestmert ‘Group, LC a eco n Re No, 55812964 ofthe Sum County Records and aing more ‘uly sctbed 35 folons Bagening ta cil hole st atthe nterseton othe westrty ne of Mal Avenue wth the Seuther ne f Twin Oaks Roed; Thence souhwestery long the soutety ne of Tn Os ood, §-89°1302"-W (beorng referenced tothe Ono Coordnate ystom, North Zana, NAD 83), £87634 foe to a nabs ve rebar fund; Thence, $-02"2V57-, 225.9 feet to a numb re ‘abar fund onthe southerly Ineo at Twin Oaks investment Group land "Thence Southwest along sid southery tne, S-B5°1690"M, 53.13 fetta pit (wess a3" kon pin una, S091 a1-M, 0.8) ona Benge Tue Mace of sexing fr then Retenons “Then, $-89°1647-W, 57.78 fee to apo (wines a nub fv ebar found, $-37°S311 Woaty, ‘Thence, $-37°SS'3"-W, 270.1 fest to the norte eof West Marke Street as wine by “They of Akron by Dee Vo. 6704, Pape 448 (whe nub fe rebar foun, S-37°S331"- wos), ‘Thence northwestry along the artery ne of West Market Street, M5187", 435.15 fet to-a number five rebar ston the easterly Ie of Twn Oaks Road (60 RM); ‘Thence nrteastety along the aster ne of Twin Oaks Road, N-36°3952"E, 28.46 fee ba Pn (ones @ number fe rebar fund S-89°2745"-W, 07); “Thence, HAG" 27 45°-£ 27.88 feet toa pot; “Thence, §-0021 “Thence, 89-2804, 19541 feet to a numbar five rebar set; Thence, ‘Thence, $4735", 4.12 fet toa nubs reba set; , 7.00 fe to a tuber ve rebar set; 3385, 74.46 feet tna number ve rebar st; EXHIBIT A PC-2023-14-CU PAGE20F2 “Thence, 5-12°46297, 6749 fet to the Tre Plce of Beginning forthe nd herenifore

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