The Mixed-Use Overlay District (MUO) is established to promote high quality development in areas of the city that are designated for mixed-use in the Avon Lake comprehensive land use plan. Such areas are intended to be designed to encourage a range of commercial, office, service and residential uses in walkable development. This district is designed to encourage high-quality development in alignment with the plan while also providing for the continued operation of existing uses in the base zoning district. The MUO is designed to provide for clear and predictable standards allowing for a streamlined review process.
(Ord. 21-161, passed 12-13-2021)
The MUO District is an overlay district that applies as a secondary zoning district over base zoning districts.
(a) Property owners that are subject to the MUO District may continue to use their property in accordance with the requirements of the applicable base zoning district.
(b) At the election of the property owner, the owner may choose to develop pursuant to the MUO District, in accordance with this section, without requiring the rezoning of the base zoning district.
(Ord. 21-161, passed 12-13-2021)
(a) Review procedure. The review procedure for development under the MUO District shall be as follows:
(1) Step 1 - Pre-application meeting (required). An applicant shall be required to have a pre-application meeting with the Development Review Committee to informally discuss the application and any concept plans. Such meeting shall be subject to § 1214.01(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with § 1214.01: Common Review Requirements, and with the provisions of this section.
(3) Step 3 - Development Review Committee review.
A. Upon determination that a MUO development plan application is complete, the Development Review Committee shall review the application and may distribute the application to other departments or agencies for review and comment.
B. The Development Review Committee will review the application and provide a summary report of comments to the applicant.
C. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the Planning Commission without revisions. In all cases, the Development Review Committee will forward their report to the Planning Commission.
(4) Step 4 - Planning Commission review and recommendation.
A. The Planning Commission shall review the MUO development plan application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. In reviewing the application, the Planning Commission shall at a minimum, consider the review criteria of this section.
C. Within 60 days of the Code Administrator determining that the application is complete, the Planning Commission shall make a recommendation to City Council on the application. In making its recommendation, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
D. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed approved.
(5) Step 5 - City Council review and decision.
A. Following receipt of the recommendation from the Planning Commission (Step 4), the application shall be placed on City Council’s agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or City Council shall set a time for a public hearing on the proposed amendment that is no more than 60 days from receipt of the Planning Commission’s recommendation.
B. Notification of the public hearing shall be provided in accordance with § 1214.01(i): Public Notification for Public Hearings.
C. City Council shall review a MUO development plan application during a public hearing. In reviewing the application, City Council shall at a minimum, consider the recommendation from Planning Commission and the review criteria of this section.
D. City Council shall approve, approve with some modification, or deny the recommendation of the Planning Commission. Such action shall only require concurring vote of a simple majority of City Council unless the City Council votes to approve, in any form, an application where the Planning Commission recommended denial, in which case the approval shall require a three-fourths majority vote of City Council.
E. If the City Council fails to make a decision within 90 calendar days, or an extended timeframe approved by the applicant, the application shall be deemed approved.
(b) Review criteria. In order to approve a MUO development plan, the Planning Commission and City Council shall determine that:
(1) The proposed development is consistent with all the requirements of this code, and other related codes and ordinances of the city;
(2) The proposed development complies with any established standards or requirements in the approved comprehensive land use plan, thoroughfare plan or other adopted plans of the city;
(3) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., conditional use approvals, variance approvals and the like);
(4) The development will result in a harmonious grouping of buildings within the proposed development and will create a more walkable development;
(5) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;
(6) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(7) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways and parking areas;
(8) Upon review and recommendation of the Code Administrator, points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments;
(9) Adequate provision is made for emergency vehicle access and circulation; and
(10) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.
(c) Significance of an approved MUO development plan.
(1) An approved MUO development shall become, for the proposed development, a binding commitment of the specific elements approved for development. Such development plan shall be considered an approved site plan for the development and after approval, the applicant may seek approval of zoning and building permits without returning to Planning Commission for further approvals.
(2) All construction and development under any zoning permit and building permit shall be in accordance with the approved MUO development plan. Any departure from such plan shall be cause for revocation of the zoning permit and/or building permit, and the property owner or other responsible parties are subject to penalties as prescribed by this code.
(d) Time limit.
(1) The applicant shall submit a completed application for a zoning permit within one year of the date the MUO development plan was approved or the MUO development plan approval shall expire.
(2) Upon expiration of a MUO development plan approval, a new application, including all applicable fees, shall be required before a new MUO development plan will be reviewed.
(3) Upon written request, up to two extensions of six months may be granted by the Code Administrator if the applicant can show good cause for a delay.
(4) The City Council may authorize alternative time limits for zoning permit issuance, as part of its approval, based on the scale of the proposed development.
(e) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the City Council shall have the right to appeal the decision the Court of Common Pleas as provided in R.C. Chapters 2505 and 2506.
(Ord. 21-161, passed 12-13-2021; Ord. 23-46, passed 3-13-2023)
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