03-18-26 Planning Commission Agenda Minutes

Ss CITY OF AVON 36080 Chester Road - Avon, OH 44011 - Phone (440) 937-7800 - Fax (440) 937-7824 - www.cilyofavon.com \ REGULAR MEETING MINUTES AVON PLANNING COMMISSION MARCH 18, 2026, 7:00 P.M. CITY HALL COUNCIL CHAMBERS The regular meeting was called to order by Chair Witherspoon at 7:00 p.m. in Council Chambers. PUBLIC HEARINGS ROLL CALL Present: Mike Beatty, Bill Fitch, Bryan Jensen, Scott Radcliffe, Carolyn Witherspoon, Chair. Staff: Jill Clements, Zoning Enforcement Officer, Ryan Cummins, City Engineer, Pam Fechter, Econ. Dev./Planning Coordinator, John Gasior, Law Director, Duane Streator, Safety Director, Susan Pintz, Planning and Zoning Secretary. REVIEW & CORRECTION OF MINUTES Mr. Radcliffe moved, seconded by Mayor Jensen, to approve the minutes of the regular meeting held on February 18, 2026, and approve the minutes as published. The vote was “AYES” all. The Chair declared the motion passed. REPORTS & CORRESPONDENCE None ADDITIONS & DELETIONS None 1. Ellen Quimper, 39104 Detroit Road, Lot Split/Consolidation, PL20260006 Ellen Quimper is requesting approval of a Lot Split/Consolidation of parcels PPN 04-00-001-101-024, 04-00- 002-101-065, and 04-00-002-101-037 at 39104 Detroit Road as follows: Split 0.0012 acres from PPN 065, combine 0.0776 acres of PPN 065 with entire PPN 037 to create a 0.5312-acre parcel. Combine the remaining 0.1077 acres of PPN 065 with entire PPN 024 to create a 0.6612-acre parcel. Ellen Quimper, 39104 Detroit Road, Avon, Ohio 44011. Ms. Quimper addressed the commission, explaining that she had discovered an encroachment issue during a boundary and pin survey of her property at 39104 Detroit Road and an adjoining barn property. She explained that retaining wall repairs had created approximately a one-foot encroachment from her residential property onto the barn property. To correct this issue, she requested the surveyor reset the pins, taking approximately one inch from the southwest corner and twenty feet from the barn property to transfer to the residential property, thereby correcting the encroachment (Exhibit 1 Drawing). Ms. Fechter, Planning Coordinator, confirmed that all staff comments had been addressed. Mr. Cummins, City Engineer, reported that all surveying comments had been addressed. Avon Planning Commission Meeting Minutes 03-18-26

There were no further comments or questions. Mr. Radcliffe moved, seconded by Mayor Jensen, to suspend the rules. The vote was: “AYES” all. The Chair declared the motion passed. Mr. Radcliffe moved, seconded by Mayor Jensen, to approve a Lot Split/Consolidation of parcels PPN 04-00-00-001-101-024, 04-00-002-101-065, and 04-00-002-101-037 at 39104 Detroit Road as follows: Split 0.0012 acres from PPN 065, combine 0.0776 acres of PPN 065 with entire PPN 037 to create a 0.5312- acre parcel. Combine the remaining 0.1077 acres of PPN 065 with entire PPN 024 to create a 0.6612- acre parcel. The vote was: “AYES” all. The Chair declared the motion passed. Spartan Cat Investments LLC, 801 Moore Road, Final Development Plan, PL20260009 Spartan Cat Investments LLC is requesting approval of a Final Development Plan for the construction of a 14,000 sq. ft. office/flex warehouse building consisting of five (5) individual units at 801 Moore Road. Aaron Appell, Bramhall Engineering, 801 Moore Road, Avon, Ohio 44011. Mr. Appell presented plans for a new building expansion at 801 Moore Road, just east of their existing building off Commerce Parkway. The project includes a new building expansion with 28 parking spaces, new lighting, and storm water management to be handled in an existing storm water basin to the east. Ms. Fechter, Planning Coordinator, noted that the applicant had received a variance on March 4th for their parking setback, obtaining a 12-foot parking setback variance. She explained that when the original Bramhall surveying company building was constructed, Avon Commerce Parkway wasn't in place, so the variance was needed to align the new parking lot with the existing shared parking situation. Mr. Cummins, City Engineer, indicated that they were still working through some minor engineering comments and requested that any approval be contingent upon final engineering approval. Mayor Jensen inquired about the estimated cost of the building, but Mr. Appell indicated they were still working on cost estimates and didn't have a figure available. There were no further comments or questions. Mr. Radcliffe moved, seconded by Mayor Jensen, to suspend the rules. The vote was: “AYES” all. The Chair declared the motion passed. Mr. Radcliffe moved, seconded by Mayor Jensen, to approve a Final Development Plan for the construction of a 14,000 sq. ft. office/flex warehouse building consisting of five (5) individual units at 801 Moore Road, contingent on final engineering approval. The vote was: “AYES” all. The Chair declared the motion passed. Grace Estates, Detroit Road, Final Plat, Third Presentation, PL20250070 Bank Avon LLC is requesting approval of the Final Plat for a residential subdivision consisting of 12 single family homes on Detroit Road (PPN 04-00-022-104-015, 016). First Presentation held on December 17, 2025. Second Presentation held on January 21, 2026. Dustin Keeney, Polaris Engineering, 34600 Chardon Road, Willoughby Hills, Ohio 44094 Avon Planning Commission Meeting Minutes 03-18-26

Mr. Cummins, City Engineer, reported that the applicant had secured their wetland permit and the permit to install water and sanitary from the Ohio EPA. All engineering comments had been addressed, and he recommended approval. Ms. Fechter, Planning Coordinator, noted that all staff comments had been addressed and were also waiting on the permit from the Army Corps of Engineers which has now been obtained. Lauri Mathie, 2653 Jaycox Road, Avon, Ohio 44011. Ms. Mathie expressed several concerns during the meeting. She described the area in question as resembling a swamp and raised significant concerns regarding the adequacy of the proposed wetland setbacks. Specifically, she noted that the current setback design could potentially allow for the construction of aresidence as close as 12 feet from her property line. Ms. Mathie stated that the videos she previously submitted depict Sublot 8, not her backyard, as was incorrectly reflected in the prior meeting minutes. She explained that the only portion of her property shown in the footage is the area of standing water near the woodpile located within the swale. Additionally, Ms. Mathie indicated that her property does not drain into the existing swale. She explained that the swale installed approximately 20 years ago by Buddy Miller, located at the rear of Sublot 5 along Jaycox Road, is in fact situated on Sublot 8. She further noted that all downspouts from her garage were discharged into the ditch along Jaycox Road. Ms. Mathie also stated that the swale appears to include an approximately six-inch perforated pipe surrounded by stone and straw. However, she expressed concern that when water collects in the swale, it is unable to properly drain due to the Jaycox Road ditch frequently being full. Ms. Mathie reiterated her invitation to the Planning Commission members, urging them to visit the site in person to gain a more accurate understanding of the situation. This request followed her previous emails to Mr. Radcliffe dated February 26, March 9, and March 11. She noted that on February 27, Mr. Radcliffe visited her property and observed standing water in Sublot 8, but no standing water in her own yard. During that visit, Mr. Radcliffe indicated that he planned to discuss with Mr. Cummins the following week as to why the City of Avon does not follow the EPA-recommended 75-foot setback for a Category 2 wetland, and that he would respond to Ms. Mathie afterward. She stated that she did not receive any follow-up communication. Ms. Mathie questioned why the City of Avon does not adhere to the EPA's recommended wetland setbacks of 75 feet for category 2 wetlands, expressing her belief that the Army Corps of Engineers' regulations appear to be less restrictive Ms. Mathie’s additional concern centered around the potential negative impact on property values if new homes and/or structures were built too close to her property, as her and her family own 4 parcels of land on Jaycox Road. Ms. Mathie stated that the situation could make it more difficult for her to sell her property, as the proximity of new construction might deter potential buyers dissuaded by the diminished appeal of having a backyard adjacent to a new "McMansion”. Ms. Mathie questioned why she should have to look at the side of a “McMansion” home 12 feet from her rear property line when all the other impacted residents on Jaycox Road and Elizabeth Street wan’t have a new house closer than 50 feet from the rear property line and the backyards of the houses would face each other. She emphasized that the construction of a large house too close to her property would disrupt the enjoyment and usability of her backyard, where she and her family regularly spend time. She noted that she and her husband might decide to move if the situation regarding the lot is not addressed. Ms. Mathie further noted that she would have preferred the developer to purchase the necessary wetland credits. She explained that this approach would have allowed the placement of homes to maintain a minimum 50-foot setback from her rear property line, resulting in her looking at the backs of houses rather than the side of a large home situated just 12 feet from her property. Avon Planning Commission Meeting Minutes 03-18-26

Ms. Mathie questioned the roles and responsibilities between different regulatory bodies and sought clarity on which rules should be followed specifically the 50-foot wetland stabilization setback which is shown on page 16 of the plan set (Exhibit 1-Drawing). She understands that the placement of the house shown on the plans is a proposed location and the house could be moved to a different location on the parcel. Mr. Cummins responded that the plan she referenced is the Stormwater Prevention Plan, which applies during the construction phase. He clarified that the 50-foot setback shown on the plan is not a requirement of the City of Avon, though it may be a requirement under the Ohio Construction Permit. He indicated that the project’s design engineer would be the appropriate person to provide further clarification regarding this matter. Although it’s not a city requirement (Exhibit Drawing page 16-27). Mr. Cummins provided a detailed explanation of how storm water management and setback requirements are handled. He elaborated that the City of Avon follows the regulations set by the Army Corps of Engineers, which entails ensuring compliance with their standards for wetland areas. These standards do not necessarily align with the stricter guidelines recommended by the EPA, such as the 75-foot wetland setbacks for category 2 wetlands. Mr. Cummins noted that while these EPA recommendations are known, they are not currently part of the city's codified ordinances. Ms. Fechter, Planning Coordinator, explained that once a subdivision is approved, the developer returns to the site to construct any public infrastructure that will be dedicated to the City. After the infrastructure is completed, it is reviewed and must be formally accepted by the City. The developer then files the final plat. She further noted that each individual home within the subdivision must subsequently have its own plan set submitted for review. At that stage, the exact location of the home is determined and reviewed by both Mr. Cummins and the Building Department to ensure compliance with all applicable setback requirements and to confirm the precise location of the structure. Ms. Fechter added that, due to the irregular nature of the lot in question, it is difficult to determine at this time how it will ultimately be developed. A future property owner could choose to invest in wetland mitigation and build on a larger portion of the lot, or alternatively, design a home to fit within existing constraints. As such, the specific development approach will not be known until a detailed plan for an individual home is submitted for review. Mr. Cummins indicated that the referenced requirement is part of the Stormwater Pollution Prevention Plan (SWPPP) and is accompanied by notes included within that plan. He noted that these details are presented on page 19 of 27 (Exhibit 1-Drawing), which addresses temporary stabilization requirements. He explained that the plan includes a table outlining areas requiring temporary stabilization and the timeframe in which such stabilization must occur following disturbance. Specifically, the table identifies disturbed areas within 50 feet of a stream that are not at final grade. For such areas, stabilization measures must be implemented within two days of the most recent disturbance if the area remains idle for more than 14 days. Mr. Cummins further clarified that this requirement pertains to the timing of re-seeding, mulching, or otherwise stabilizing disturbed areas, rather than prohibiting development within those areas. Mr. Cummins stated that it does not necessarily preclude construction in those locations in the future, and that the design engineer could provide additional clarification if needed. Ms. Mathie clarified that the videos she recorded on March 11 were not taken within designated wetland areas, but rather within the areas identified as buildable on the plans. She emphasized that her intent was to demonstrate conditions in those portions of the site where residential construction could potentially occur. Ms. Mathie raised an additional concern regarding the final plan submitted by Polaris Engineering for approval, specifically noting that the brush clearing and tree cutting plan does not depict her existing 42-foot by 40-foot garage located on Jaycox Road, Sublot 5. She stated that, as presented, the plans give the Avon Planning Commission Meeting Minutes 03-18-26

impression that the lot is vacant, when in fact it is not. Ms. Mathie questioned whether this omission was intentional, suggesting it could create the impression for the Planning Commission that Sublot 5 is an undeveloped parcel. She further noted that the structure had been shown on the preliminary plat submissions presented in June and August. Ms. Mathie inquired if the proposed house on Sublot 8 will be moved somewhere else, will the downspouts and sump pump still be required to tie into the storm drain? Mr. Cummins responded that the answer is yes; the downspouts and sump pump discharges would still be required to connect to the storm sewer system, which is being extended to Sublot 6. Ms. Mathie acknowledged that she is aware the storm sewer has been extended; however, she noted that the easement terminates behind Eileen Neelon’s property (2613 Jaycox Road), at the location of the last catch basin, roughly midway between her northern property line on Sublot 5 and the barn on Sublot 6. She further observed that the catch basin does not back up to her property, Ms. Mathie then asked if the proposed house on Sublot 8 was relocated, would it be necessary to further extend the storm sewer and install additional catch basins. Mr. Cummins responded that, if the proposed house were relocated, a stormwater connection would be extended. He indicated that it would most likely involve a 12-inch storm sewer. Ms. Mathie inquired how far the swale will extend on Sublot 8 and who will be responsible for maintaining the swale and catch basins. Mr. Cummins responded that a swale currently exists in that location. Ms. Mathie clarified that the swale is minimal, consisting of a six-inch perforated pipe that drains to the ditch along Jaycox Road, which was installed approximately 20 years ago. She noted that the area historically collects stagnant water, and drainage only occurs if the Jaycox Road ditch is not full. Mr. Cummins stated that, in his opinion, the proposed development would introduce new drainage to an area that currently has limited drainage. Mr. Cummins indicated that if the clearing extends up to the property line, the 12-foot area would need to be graded. He explained that it would be a requirement to regrade in order to establish a swale along the property line that directs water toward the proposed catch basin. Ms. Mathie inquired whether the builder or developer would be required to disclose the wetland issues and associated restrictions to potential buyers of Sublot 8. Mr. Gasior, Law Director, responded affirmatively, stating that such disclosures would be required. Dale Mathie, 2653 Jaycox Road, Avan, Ohio 44011. Mr. Mathie expressed concerns about the drainage and stormwater management related to the Grace Estates subdivision on Detroit Road. He emphasized that the catch basin extends near his property line and stressed the importance of doing the right thing to ensure proper drainage. He noted that a swale alone would not suffice for the drainage needs given the catch basin's distance and urged for responsible and legal drainage management to avoid flooding or water issues affecting his and the neighboring properties. Ed Prybylski, 2598 Elizabeth, Avon, Ohio 44011. Mr. Pryblyski voiced concerns regarding the proximity of new homes in the proposed subdivision to his backyard. He observed that stakes near his property suggested a driveway very close (about 10 to 15 feet) to 5 Avon Planning Commission Meeting Minutes 03-18-26

his yard. He also noted that the lots in the subdivision were narrow (around 75 feet wide), which he considers too narrow for homes. He raised issues about drainage on the west side of Elizabeth Street, where the adjacent woods are swampy and higher in elevation compared to the east side. Mr. Prybylski questioned how runoff water would be managed to prevent flooding on the east side during rain. He reiterated concerns about potential flooding and the impact of the subdivision's layout on his property. Mr. Cummins stated that a 24-inch storm sewer will be installed on the west side of Elizabeth Street, running from south to north, located in the backyard area just west of Mr. Prybylski’s property line. The subdivision will also feature a new stormwater management detention basin adjacent to Detroit Road. All the drainage from the subdivision will be directed into this basin, which will hold back stormwater and release it at a lower rate than the current outflow. The water will then flow through the existing storm sewer system under Detroit Road, effectively improving the drainage situation compared to current conditions. This plan aims to mitigate flooding concerns and improve water management for the area. Mr. Cummins stated it's primarily the city's responsibility to review infrastructure work prior to acceptance of the project, but initial construction-related issues should be addressed with the builder. However, flooding from extreme natural events is beyond control. Mr. Pryblyski noted that many of the stakes placed on the lots in the proposed subdivision are 75 feet apart, indicating narrow lot widths, which he felt were too narrow to accommodate houses comfortably. Ms. Fechter clarified that the lots are not actually 75 feet wide; they are 100 feet wide at the building line (the area where the house is built). She explained that the stakes Mr, Pryblyski saw was for tree clearing purposes and marking areas where trees are to be removed, not for the lot boundaries or the start of subdivision construction. Mr. Cummins clarified that the existing setbacks are incorporated in the city's current code, thereby setting the standard for development approvals. The city's approach emphasizes adherence to established guidelines from the Army Corps rather than adopting additional higher standards. He highlighted that the process involves obtaining necessary permits and ensuring regulatory compliance as part of the approval workflow. Mr. Prybylski requested a copy of the wetland permit. Ms. Fechter replied she would provide Mr. Prybylski with a copy of the wetland permit. Mayor Jensen pointed out that the proposed house location shown in the plan set is just one possible location within the allowable building area. He clarified that the house could be built further away than the 12-foot side setback, meaning it does not have to be exactly that close to the neighbor's property line. He acknowledged that the house positioning is ultimately up to the future homeowner within the setback limits. He encouraged the developer or builder to place the house farther away to address neighbors' concerns but noted that the city does not have direct control beyond enforcement of existing code setbacks. Mr. Cummins mentioned that while the zoning ordinances allow construction adhering to these setbacks, individual property owners might have opportunities to seek adjustments. Future homeowners could consider options such as applying for variances to modify setback requirements or purchasing wetland mitigation credits to realign property boundaries. Mr. Cummins explained that any potential modifications to the lot placement on a property would be at the discretion of future landowners, who would balance the regulatory requirements, cost implications, and personal preferences in their building decisions. Mr. Cummins emphasized that these choices should be made at the time the individual house plans are submitted for review. He emphasized that such adjustments would be subject to the individual's initiative and are not mandated or included as part of the city's current development plan. Avon Planning Commission Meeting Minutes 03-18-26

Ms. Fechter stated that she believed the developer was using the exhibit of the house placement as an example to demonstrate how a home could be situated within the applicable setbacks and requirements. Mr. Gasior noted that the law regarding setbacks must be followed as written. He indicated that if a house meets the required setbacks, the city must approve it. Mr. Gasior acknowledged the residents’ concerns but emphasized that the city cannot deny a building permit simply because a neighbor dislikes the location if it complies with the code. He mentioned that if a builder later seeks a variance to encroach into the setback area, it would likely be difficult for the Zoning Board of Appeals to grant it given the record of concerns made during the meeting. Mr. Gasior stated that it would be encouraging if the developer could persuade a potential buyer to situate the home as far from the property line as practicable. Mr. Fitch asked about the distance from the edge of the proposed house building on Sub lot 8 to the delineated wetland area. Mr. Cummins responded the southeast corner of the proposed house on Sub lot 8 is approximately 17.5 feet away from the adjacent delineated wetland area. Janet Lowry, 34675 Detroit Road, Avon, Ohio 44011. Ms. Lowry stated that she and other neighbors were assured at the last notification in June that they would be informed of future meetings, however, she claimed that she found out only hours before the meeting occurring. She expressed frustration and concern that some neighbors did not receive consistent notifications or any alerts about meetings occurring in December and January. Ms. Lowry indicated that the new information presented is overwhelming and confusing since they had no prior warning. She mentioned previous challenges with sewer issues and questioned if the new homes in the development would be assessed the similar tap-in fees—she wants to know if these homes will pay the same $12,000 assessment she paid for her property. Ms. Lowry highlighted the poor maintenance of the property including tall grass, trip hazards on the sidewalk, and snow removal, noting it is a hazard for neighbors, particularly children and people walking dogs. She expressed disappointment and a lack of trust due to perceived mismanagement or misinformation related to the development process. She also raised concerns about drainage and flooding impacts from new construction on neighboring properties. Ms. Lowry communicated a strong desire for better communication, transparency, and protective measures for existing residents’ property rights and quality of life. She emphasized fairness and accountability from the city and developers. Mr. Gasior responded that the current developer has an assessment approximately equivalent to three lots. The current developer’s plan for more Lots did not alter the initial sewer assessment obligation. The assessment applies to the developer’s property, but not necessarily to all individual new lots or homeowners in the subdivision. Mr. Radcliffe asked if the developer would like to make any respond to comments from the residents. Noam Adler, 7555 Fredle Drive, Concord, Ohio Mr. Adler acknowledged neighbors' concerns about the development's impact, especially the issue of wetland proximity. He indicated that although there is no specific commitment, it is likely that a future buyer would be interested in acquiring wetland credits to situate their houses further from property lines. These credits would allow for a reconfiguration of the lots to increase the buffer between new constructions and existing properties. Mr. Adler expressed his assumption that potential buyers would prefer not to have their houses situated too closely to neighboring properties, implying there could be a shared interest in maintaining more considerable distances between homes. Additionally, he conveyed his understanding that buyers would likely want to avoid direct line-of-sight disruptions with current neighbors, creating an environment conducive to both new and existing residents. Avon Planning Commission Meeting Minutes 03-18-26

Mr. Adler provided comments regarding water and flooding concerns during the meeting expressing confidence that the water management plans have been carefully engineered and reviewed with the city engineer to ensure adequate handling of stormwater. Mr. Adler acknowledged that while extreme weather events ("acts of God") cannot be controlled, the design aims to manage normal rain events effectively, minimizing the risk of flooding for neighbors. He noted that the developer and engineering team have worked to improve the situation compared to existing conditions by designing detention basins and stormwater management systems. Mr. Adler emphasized that the improvements should prevent issues like water overflow into neighbors’ backyards under regular conditions. Mr. Adler also mentioned working collaboratively with the city on plans for sidewalks and property maintenance going forward. Mr. Radcliffe asked the developer to be mindful of existing neighbors and consider both buffering and strategic house placements to minimize the development's impact on surrounding properties. He emphasized the importance of maintaining good relations with current homeowners and considering the long-term harmony of the community. Mr. Radcliffe highlighted the importance of these considerations, noting that the people living in the adjacent areas have long enjoyed their surroundings and urged the developer to understand how the placement of new homes can significantly impact their lives. He suggested that the developer should encourage potential buyers to work towards creating effective buffering that could enhance the experience for both new and existing residents, creating a more seamless transition between the development and the existing neighborhood. Furthermore, Mr. Radcliffe expressed his belief in the value of engineering and stormwater management, trusting that these elements would ultimately benefit the residents and alleviate any future drainage issues. He stressed that while the developer has the right to develop the property under current regulations, they should strive to foster a community environment where both new and long-time residents can continue to enjoy their properties harmoniously. Mayor Jensen acknowledged the importance of proper stormwater management for the proposed subdivision. He recognized the area has historically spotty or poor drainage, causing standing water issues on neighboring properties. Mayor Jensen accepted the city engineer’s explanation that the proposed stormwater management system with detention basins and storm sewers aims to improve drainage compared to existing conditions. Mayor Jensen stated that no system can completely prevent flooding in extreme weather but supported the design efforts that intend to reduce runoff and better manage water flow to protect residents. He emphasized the city’s responsibility in overseeing and ensuring the builder complies with approved drainage plans. Ms. Fechter reminded residents that they still have avenues to raise concerns such as City Council meetings, if issues arise after approval. She emphasized that even if a project receives the necessary approvals, residents are not precluded from voicing their concerns to the City Council. Ms. Mathie asked if residents, especially those affected by Sub lot 8, would be notified when the project reaches City Council for approval of the developer’s agreement and infrastructure work. She inquired specifically about how they would be informed when building plans for individual lots, such as Sub lot 8, are submitted so they could attend meetings or stay informed. Ms. Mathie said that this process was new to her and that she has spent hours researching but is unsure where or whom to contact next. She requested a contact or method to receive updates about future development phases, planning, or building on Sub lot 8. Mr. Fechter explained individual home building plans do not go through Planning Commission but are reviewed by the Building Department, so there are no further public commission meetings for those plans. Notification about individual home permits would be more difficult, and no formal process for notifying neighbors about every individual house plan currently exists. Ms. Fechter offered to notify Ms. Mathie and other residents about City Council meetings related to the subdivision’s approval phases. Avon Planning Commission Meeting Minutes 03-18-26

Ryan Cummins indicated that it would likely be mid-April at the earliest before the developer gets through City Council with the developer’s agreement to begin infrastructure work. After City Council approval, it usually takes several weeks for the developer to gather materials and line up construction. Actual construction of infrastructure such as water lines, sanitary lines, stormwater systems, and roads would probably start in May. The infrastructure construction phase could continue well into summer or fall. Once the infrastructure is completed and accepted by the City Council, the developer will file the final plat with the county, sell lots, and then home construction can begin. Therefore, building of individual homes is expected to start likely in late summer or fall, several months after subdivision approval. William Galik, of Galik Building Company located at 3001 Jaycox Road, Avon, Ohio 44011. Mr. Galik acknowledged Ms. Mathie’s concerns about being able to monitor and have input on what is submitted for Sub lot 8. He explained that Mr. Cummins is one of the officials responsible for reviewing and approving submitted plans and ensuring compliance with city requirements. Mr. Galik suggested Mr. Cummins could communicate these concerns to the builder’s engineer to see if any neighbor considerations can be incorporated. He reiterated that the city officials can either approve or deny submitted plans based on meeting code requirements. He urged the developer or builder to be aware of and be sensitive to adjacent homeowners’ concerns during the building process. Mr. Gali expressed that while they must comply with codes, they can be considerate of neighbors to minimize impact. He noted that the developer had already extended a catch basin based on concerns voiced in the meeting without being asked to do so. Mr. Cummins responded and acknowledged that while he reviews and approves house plans to ensure they meet city codes and ordinances, he does not have control over the exact placement of houses beyond those setback requirements. Mr. Cummins noted that he can suggest or discuss concerns with the builder or developer's engineer but cannot commit to relocating houses if they comply with setbacks. He emphasized that his role is to verify that plans adhere to regulations related to drainage connections, setbacks, and other technical requirements. Mr. Cummins recognized that issues related to the location of the house relative to neighbors are primarily decisions for the developer or future homeowner. He explained that while he can communicate resident concerns, the legal obligation is to approve plans if they meet code. Mr. Cummins distinguished that he could control infrastructure elements like stormwater connections and drainage details but not house location within the allowed setback zone. Ms. Fechter stressed that the city is committed to protecting the interests of existing residents by requiring thorough review and ensuring compliance with all necessary permits and codes before moving forward. She indicated that the city would continue to work with the developer to address issues raised by neighbors where feasible within the bounds of city regulations. She reiterated that no approvals are given until all Army Corps permits and other regulatory requirements are met, underscoring the city's dedication to public protection. There were no further comments or questions. Mr. Radcliffe moved, seconded by Mayor Jensen, to suspend the rules. The vote was: “AYES” all. The Chair declared the motion passed. Mr. Radcliffe moved, seconded by Mayor Jensen, to approve the Final Plat for a residential subdivision consisting of 12 single family homes on Detroit Road (PPN 04-00-022-104-015, 016). The vote was: “AYES” all. The Chair declared the motion passed. Avon Planning Commission Meeting Minutes 03-18-26

Westhaven Estates, Detroit Road, Preliminary Plat, Second Presentation, PL20250079 Swipe USA is requesting approval of the Preliminary Plat for a residential subdivision consisting of 34 single family homes on Detroit Road (PPN 04-00-001-101-001, 002 and 015). First Presentation held on December 17, 2025. John Chandler, Howard Hanna Real Estate, 19204 Detroit Road, Rocky River, Ohio 44116 Chris Bednar, Karpinski Engineering, 3135 Euclid Avenue, Cleveland, Ohio 44115. Mr. Bednar from Karpinski Engineering presented the revised preliminary subdivision plan. He advised that several revisions had been made based on city engineer comments, including the removal of a lot that originally had a driveway extending to Detroit Road, which was integrated back into Sub lot 1. He also ensured each lot has a 100-foot frontage, which resulted in the removal of another lot between Sub lots 27 and 28, as it was slightly under the required frontage. Additionally, Sub lot 21 was reduced, due to riparian setback issues, and was converted into block D as it was deemed unbuildable. Mr. Bednar highlighted that the revisions were also made in response to concerns regarding stormwater management and lot sizes. The project aimed to address the impact of drainage from the properties to the south of Detroit Road, notably the two lakes owned by the Diocese of Cleveland that feed the existing culvert under the road. They used updated stormwater reports to model these drainage impacts comprehensively (Exhibit 1-Drawing). Mr. Cummins, the City Engineer, expressed appreciation for the substantial progress made on the revised preliminary subdivision plan, highlighting the detailed efforts to work within the existing infrastructure limitations. He noted that the revised plans showcased improvements over the original subdivision name of Pine Haven Estates and demonstrated a strong design foundation by making changes such as removing lots that had direct access onto Detroit Road and addressing stormwater management concerns. Mr. Cummins commended the applicant's responsiveness in making adjustments, which included adding a detention basin to incorporate part of the existing ditch area, and reducing stormwater outflow by 60-80% to address the drainage impact from properties to the south of Detroit Road. While acknowledging the project's strides in stormwater management and design, Mr. Cummins mentioned that several outstanding items needed resolution, preventing him from recommending a vote at that time. He mentioned that the plans were not yet ready for final approval and that they needed to work through issues such as the consideration of a proposed cul-de-sac exceeding length regulations and other items identified in his report, riparian zones issues and lot sizes. Despite these concerns, Mr. Cummins remained optimistic about the forward trajectory, noting that the developers had shown their willingness to collaborate closely with city officials to address potential issues and further refine the project. He noted that both the design team and the city could continue working together to ensure all engineering aspects align with the existing infrastructure and meet the needs of the community before moving to the final presentation stage. Ms. Fechter, Planning Coordinator, also noted appreciation for the applicant's hard work but agreed that she could not recommend a vote this evening. She mentioned that when they reach the final stage, the new layout will need to be sent to First Energy for approval. Ms. Fechter mentioned a potential opportunity for the developer to coordinate with a resident across the street regarding sanitary sewer connections during construction. Bill Malone, 39555 Detroit Road, Avon, Ohio 44011. Mr. Malone asked questions about the drainage ditch, expressing concerns about whether it would be open or closed. Mr. Bednar confirmed that the ditch on the property would remain largely as-is, except for where it crosses underneath the two new streets, which would be facilitated by culverts. He clarified that the culverts would allow for the continuation of the water flow under the roadway, maintaining the existing drainage path. Additionally, Mr. Bednar mentioned that there would be a detention basin incorporated towards the back of 10 Avon Planning Commission Meeting Minutes 03-18-26

the property near Sub lot 10 on their map. This basin is designed to help reduce the flow heading over the railroad tracks to Sheffield Lake, effectively managing the stormwater impact and discharge rates. He also stated how the ditch is fed by an area of approximately 82 acres, which includes two lakes owned by the Diocese of Cleveland that drain into the property through an existing culvert under the road. Mr. Bednar elaborated on the collaborative efforts made with the city, addressing stormwater management and lot sizes, ensuring that adjustments were made based on the city's feedback. These revisions aimed to effectively manage drainage from the properties south of Detroit Road while respecting the natural water flow feeding into the culvert on the property. Mr. Malone stated that the plan set he had was from the November submission and inquired whether a revised set of plans was available. Ms. Fechter provided Mr. Malone with a revised set of plans. There were no further comments or questions. Chair Witherspoon declared this item as a Second Presentation. COMMENTS Mayor Jensen had no comment. Mr. Fitch had no comment. Mr. Beatty had no comment. Mr. Radcliffe had no comment. Ms. Fechter announced that the Avon Rehab Hospital would be celebrating their tenth anniversary with an open house the following day from 3:30 to 6:30 PM. Mr. Cummins had no comment. Mr. Gasior had no comment. Ms. Clements had no comment. Mr. Streator had no comment. Chair Witherspoon had no comment. No comments from the audience. ADJOURN Mr. Radcliffe moved, seconded by Mayor Jensen, to adjourn. The vote was: “AYES” all. The Chair declared the motion passed. The meeting was adjourned at 8:22 p.m. itherspoon, Chdi SuSan Pintz, Planning Commission and Planning Commission Zoning Secretary Date 11 Avon Planning Commission Meeting Minutes 03-18-26

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