Ordinance 74-26

ORDINANCE NO. 74-26 AN ORDINANCE TO AMEND ORDINANCE NO. 413-68, PASSED JANUARY 15, 1969 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF AVON, OHIO, AS AMENDED, REZONING THIRTEEN (13) PARCELS OF LAND CONSISTING OF APPROXIMATELY 95.24 ACRES 12 OF WHICH ARE LOCATED BETWEEN 33000 AND 33501 JUST IMAGINE DRIVE, AND ONE AT 1443 NAGEL ROAD, FROM C-4/M-1 GENERAL BUSINESS/GENERAL INDUSTRIAL OVERLAY DISTRICTS TO C-4 GENERAL BUSINESS DISTRICT WHEREAS, an application to rezone approximately 95.24 acres located on Just Imagine Drive, east of Nagel Road from C-4/M-1 General Business/General Industrial Overlay Districts to C-4, General Business District was submitted to Planning Commission by the city’s Planning Coordinator pursuant to Article VII, Section 2(d) and Article VII, Section 2(e)(1) of the Avon City Charter; and WHEREAS, the Planning Commission, on June 17, 2026, held a Public Hearing on said amendment; and WHEREAS, on June 17, 2026, the Planning Commission reviewed the proposed amendment to rezone 13 parcels of land consisting of approximately 95.24 acres on Just Imagine Drive, east of Nagel Road as further described herein and considered the public comments and presentations of all interested parties and by a vote of Three (3) in favor and Zero (0) opposed, recommended the amendment to Ordinance No. 413-68 to allow approximately 95.24 acres to be rezoned from C-4/M-1 General Business/General Industrial Overlay Districts to C-4, General Business District; and WHEREAS, Council, on July 13, 2026, authorized a Public Hearing; and WHEREAS, said Public Hearing was duly publicized according to law and was held on September 14, 2026 at 7:25 P.M.; and WHEREAS, notice of the time and place of such Public Hearing has been given to record title holders of property immediately adjacent to, adjoining and abutting on such area, zone, or district proposed to be modified. WHEREAS, Council finds that the recommendation of Planning Commission is reasonable and in the best interests of the health, safety, and welfare of the City and deems it desirable that Ordinance No. 413-68 be amended to rezone approximately 95.24 acres of land located on Just Imagine Drive, east of Nagel Road, from C-4/M-1 General Business/General Industrial Overlay Districts to C-4, General Business District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON, LORAIN COUNTY, OHIO: Section 1 - That Ordinance No. 413-68, passed January 15, 1969, commonly known as the Zoning Ordinance of the City of Avon, Ohio, as amended, shall be further amended as provided hereafter.

Ordinance No. 74-26 (Con’t.) 2 Section 2 - That from the effective date of this Ordinance approximately 95.24 acres of land located on Just Imagine Drive, east of Nagel Road, consisting of Permanent Parcel Nos. 04- 00-028-102-185; 04-00-028-102-184; 04-00-028-102-180; 04-00-028-102-191; 04-00-028-102- 190; 04-00-028-102-182; 04-00-028-102-187; 04-00-028-102-172; 04-00-028-103-001; 04-00- 028-101-106; 04-00-028-101-108; 04-00-028-101-129 & 04-00-028-101-130 and more fully described in Exhibit A, which is attached hereto and incorporated herein by this reference, be and the same are hereby rezoned from C-4/M-1 General Business/General Industrial Overlay District to C-4, General Business District. Section 3 - That all provisions of Ordinance No. 413-68 and its various amendments, shall remain in full force and effect. Section 4 - That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section 5 - That this Ordinance shall take effect and be in force at the earliest date allowed by law. First Reading Second Reading Third Reading PASSED: DATE SIGNED: By: Brian Fischer, Council President DATE APPROVED BY THE MAYOR: Bryan K. Jensen, Mayor APPROVED AS TO FORM: John A. Gasior, Law Director

Ordinance No. 74-26 (Con’t.) 3 ATTEST: Barbara Brooks, Clerk of Council Posted: Electronically and at City Hall as Provided by Council Prepared By: John A. Gasior, Esq. Law Director