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MINUTES OF THE AVON LAKE PLANNING COMMISSION MEETING May 6, 2025 A regular meeting of the Avon Lake Planning Commission was called to order on May 6, 2025, at 7:00 P.M. in Council Chambers with Chairperson Ma presiding. ROLL CALL Present for the rol! call were Dr. Ma, Mr. Leitch, Mr. Orille, Mrs. Raymond, Mr. Smith, Mayor Spaetzel, Director of Law Ebert, City Engineer Howard, Community Development Director Esborn, and Planning and Zoning Manager LaRosa. APPROVAL OF MINUTES Mayor Spaetzel moved, and Mrs. Raymond seconded approval of the April 1, 2025, meeting minutes as presented. Motion carried (5-0), with Dr. Ma abstaining. GENERAL CORRESPONDENCE & ANNOUNCEMENTS There were no general correspondence or announcements presented or addressed at this meeting. COUNCIL REPORT Mr. Smith noted that the upcoming City Council vote on the rezoning near SR 83 and Walker Road has been the subject of considerable discussion and high public turnout at previous meetings, with many residents voicing concerns about increased traffic. He reported receiving correspondence both in favor of and against the project. The final vote is scheduled for next Monday. SWEARING IN PUBLIC COMMENTORS Director of Law Ebert swore in applicants and members of the audience who planned to speak to items on the agenda. NEW CASES Case No. CPC-25-5, Las Margaritas Mexican Restaurant, Site Plan Approval for the Construction of a New Outdoor Patio located at 519 Avon Belden Road. Applicable Code Section: 1214.06 Site Plans apply. The applicant, represented by Seth Moyer and Bob Bajho, presented a site plan for the construction of a new outdoor patio at Las Margaritas Mexican Restaurant, located at 519 Avon Belden Road. The proposal includes: e Installation of a covered outdoor dining patio with 29 seats ¢ Reduction of parking spaces from 48 to 45, maintaining 2 ADA-compliant spaces e Reconfiguration of patio access through the main entrance or an exterior route 1 May 6, 2025 e Inclusion of a gate to fully enclose the patio, in compliance with liquor control requirements « Addition of protective bollards and decorative planters around the patio perimeter « Patio amenities including a small back bar, ceiling-mounted TV, string lighting, and Spanish tile finishes Commission members asked questions regarding ADA accessibility, the placement of the western accessible parking space, ambient noise from TVs or music, lighting, and the height and visibility of the patio structure. The applicant confirmed that sound would be minimal, and lighting would be limited to ambient string lights. Commissioners discussed potentially relocating the western ADA space for improved access and adding curb extensions for additional separation from vehicles. The applicant indicated an intent to begin construction in the summer of 2025, pending plan approval and preparation of construction documents. There were no objections from the Fire or Police Departments, and the Development Review Committee's comments regarding the patio enclosure and bollards were addressed. Mrs. Raymond moved, and Mr. Leitch seconded approval of the site plan application for Las Margaritas’ outdoor patio as submitted. Motion carried, (6-0). Case No. CTA-25-1: Planning and Zoning Code Text Amendments. Applicable Code Section 1214.02 on Code Text and Map Amendments applies. Mr. Esborn provided a brief overview, noting that the proposed text amendments were originally introduced in January and have remained largely unchanged since then. The amendments were previously discussed with Commission members, and no further presentation was made. Mrs. Raymond raised a question about the proposed driveway width limitation and its applicability to townhome developments with private streets. Staff clarified that the limitation would generally not impact such developments due to their differing layout and standards. Further discussion occurred regarding nonresidential corner lot setbacks, recommended change #2, which addresses front yard setbacks for non-residential corner lots. Staff and Commission members agreed that the current code places comer lot owners at a disadvantage by requiring two front yard setbacks. To address this, the proposed change would allow the front yard setback adjoining the secondary street to be reduced to 30 feet, offering more flexibility without compromising design intent. It was clarified that this would be noted as an exception in the applicable zoning table, consistent with how other exceptions are handled. Mrs. Raymond moved, and Mr. Leitch seconded the recommendation to the City Council for approval of Case No. CPA-25-01, subject to the condition that the language in recommended change #11 regarding non-residential corner lot setbacks be modified to state: “The front yard setback adjoining the secondary street may be reduced to 30 feet.” Motion carried, (6-0). 2 May 6, 2025 OTHER BUSINESS 2025 Proposed Planning Commission Rules and Regulations Amendments to Article VI Mr. Esborn introduced the proposed amendments to the Planning Commission’s Rules and Regulations, explaining that the changes are intended to align the document with the City’s current application and review processes. He noted that since December 2023, the City has transitioned to using OpenGov, an enterprise software system for digital application submissions. Additionally, the Development Review Committee (DRC), which was formalized in the Planning and Zoning Code adopted in 2022, plays an integral role in the review process. The amendments reflect both the implementation of OpenGov and the procedural structure introduced with the DRC. Commission members discussed the following points: e Staff Training: Mr. Esborn confirmed that city staff including Community Development, Building, Engineering, and Public Works have received extensive training over the past two years, logging in significant hours for OpenGov system use and support. e Applicant Usability: No major issues have been reported from applicants. Staff offered in-person assistance when the platform launched, but such assistance has not been needed. e Downtime Procedures: Mr. Esborn explained that temporary outages would not significantly disrupt Planning Commission workflows, as application reviews typically extend over several weeks. The impact would be more pronounced in departments with daily permitting and inspection needs. Mrs. Raymond moved, and Mr. Letich seconded to adopt the proposed amendments to Article VI of the Planning Commission Rules and Regulations, as presented by the Community Development Department, to reflect the City's transition to a digital application and review process and to clarify current procedural practices. Motion carried, (6-0). DISCUSSION ITEM There were no discussion items presented or addressed at this meeting. GENERAL PUBLIC COMMENTS Gerald Phillips (Avon Lake) — Mr. Phillips spoke in opposition to the proposed rezoning at the corner of Walker Road and SR 83. He stated that the development does not comply with the Avon Lake Comprehensive Plan, specifically referencing inconsistencies with the Town Center Focus Area outlined on pages 75-77 of the plan. He cited concerns that the proposed residential use contradicts the plan’s vision for mixed-use commercial development at key corners of the intersection. Mr. Phillips also referenced potential violations of zoning code sections 1218.04 and 1218.05, questioning the legality of the rezoning decision previously approved by the Commission. William Zimmerman (Avon Lake) — Mr. Zimmerman echoed Mr. Phillips’ concerns and criticized the Planning Commission for not adhering to the comprehensive plan. He noted the proposed development is located several hundred feet outside the designated Town Center area and expressed frustration over what he perceived as inconsistent decision-making, citing past developments including Smuggler’s Cove and Lear/Walker Road. He raised concerns about spot zoning, developer favoritism, and called for greater accountability in following zoning regulations. 3 May 6, 2025 Diane Neuluns (Avon Lake) — Mrs. Neuluns raised concerns about high-density housing being built too close to existing homes. She inquired about the required side yard setback between her property and the new development, expressing that the proximity did not reflect the traditional character of Avon Lake. Staff responded that the applicable side yard setback would likely be 20 feet under current zoning, but they would follow up with specific details depending on the district involved. ADJOURNMENT Mr. Orille moved, and Mayor Spaetzel seconded to adjourn the meeting at 7:45 pm. Motion carried, (6-0). |, ing Commission Recordi eet Chairperson Ma Kelly La Rosa 4 May 6, 2025