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(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)
(a) Only those uses listed as allowed in the MUO District in Table 1216-3 shall be permitted in a MUO development plan.
(b) If Table 1216-3 identifies a use as a conditional use in the MUO District, the conditional use application must be reviewed prior to, or simultaneously with, the MUO development plan.
(c) Uses that are solely residential are permitted within the MUO District but they must be located behind nonresidential buildings. Such uses shall not have frontage along any major arterial or collector road in the MUO District unless such uses are proposed in an area identified as “R” for medium to high density residential or “T” for townhomes uses in the focus area concepts of the comprehensive land use plan.
(d) Residential-only uses shall not occupy any more than 40% any site subject to an application. Such uses shall be required to be multi-family dwellings. The applicant may identify a site containing multiple contiguous parcels.
(e) Accessory and temporary uses shall be permitted as allowed in Chapter 1224: Accessory and Temporary Use Regulations.
(f) As part of any approval, the Planning Commission and/or City Council may restrict the uses permitted within an individual MUO development plan by adopting a list of uses permitted within the approved MUO development plan.
(g) All uses shall be subject to the performance standards of § 1226.02: Performance Standards.
(h) Any change of use or tenancy, excluding residential changes in tenancy, may be approved through the zoning permit process provided the use complies with this code and the approved MUO development plan.
(Ord. 21-161, passed 12-13-2021; Ord. 23-46, passed 3-13-2023)
(a) General design principles.
(1) The design of any development under the MUO District should reflect the mixed-use recommendations of the comprehensive land use plan with a focus on the creation of a pedestrian friendly mixed-use area that includes a mixture of residential, office, retail, services, public and institutional uses.
(2) Where this section does not address certain requirements of this code (e.g., landscaping or parking and the like), then the application shall be subject to those regulations, unless otherwise stated.
(b) Setbacks.
(1) For nonresidential or mixed-use buildings in the Town Center or Lake Road concept areas (see the Avon Lake comprehensive land use plan) that will have frontage along an arterial or collector street, or any major street as determined by the Planning Commission and City Council, a minimum of 70% of the front facade of the main building shall be set along the sidewalk. The remaining 30% of the front facade may be set back a maximum of 15 feet to create entrances, courtyards and open spaces.
(2) For nonresidential or mixed-use buildings in the Lear Road concept areas (see the Avon Lake comprehensive land use plan), the facade of the building shall be set back a maximum of 30 feet.
(3) In all other instances, where the subject lot does not have frontage along the streets identified above, the development may be set back to a distance approved by the Planning Commission and City Council. However, parking should be located to the rear of the building, to the maximum extent practicable.
(4) The Planning Commission and City Council may approve an alternative setback if the predominant development adjacent to the subject site reflects the character envisioned by the comprehensive land use plan and will make the subject development more compatible with existing development.
(5) Residential-only uses shall be set back no more than 25 feet from the front lot line.
(c) Density, building height, and open space.
(1) Table 1218-1 sets out the density and building height requirements for the different mixed-use areas in Avon Lake.
Table 1218-1: MUO District Requirements | ||
Concept Area | Density | Maximum Building Height (ft.) |
Town Center | Up to 25 units per acre | 50 |
Lake Road | Up to 18 units per acre | 40 |
Lear Road | Up to 12 units per acre | 40 |
(2) The Planning Commission and City Council shall have the authority to restrict densities based on the compatibility of the development with surrounding development, the scale of the overall project, traffic impacts and recommendations from the comprehensive land use plan.
(3) Higher density developments shall require additional open space set-asides. The application shall comply with the requirements of Chapter 1230: Open Space and Recreation Impact Fee Requirements.
(4) All principal buildings shall have a minimum height of two stories except in the Lear Road concept area where there shall be no minimum building height.
(5) All residential-only uses shall have a minimum density of eight units per acre.
(d) Lot coverage. The maximum lot coverage of all buildings, on any lot, shall be 50%. See § 1226.01(i)(1) for method of calculation.
(e) Building orientation.
(1) Buildings shall be oriented toward the street unless adjacent to a common open space, in which case the Planning Commission and City Council may approve an alternative orientation to face the open space.
(2) Buildings located near the intersection of two streets may be oriented toward a corner. If the building is oriented toward one of the streets, any facade facing other streets shall have similar architectural styles.
(f) Signs.
(1) Signs shall be integrated into the building and landscaping plans to enhance the overall appearance while providing adequate identification of the development.
(2) The requirements of Chapter 1236: Sign Standards, may only be waived as part of the approval of the MUO development plan when the applicant submits a master sign plan for an MUO development plan application with a minimum acreage of five acres. In such cases, the master sign plan shall not allow for more than a 10% increase in the total sign area allowed in Chapter 1236: Sign Standards.
(g) Building design. The general architectural of any building shall comply with any applicable standards of Chapter 1228: Architectural Standards. Additionally:
(1) For any building that is not residential-only, the ground floor of the building shall be restricted to retail businesses, personal services, offices, restaurants, or other nonresidential uses;
(2) Offices, other permitted nonresidential uses, and residential uses should be developed on the upper floors of the buildings;
(3) The ground floor of the building should be designed to be at least 60% transparent, through the use of glass; and
(4) Open spaces between buildings that create courtyards or walkways to the rear of the property or parking areas are strongly encouraged.
(h) Pedestrian connections.
(1) Pedestrian connections linking individual buildings within the MUO District to sidewalks and/or paths are required.
(2) Pedestrian connections between the MUO District and adjacent neighborhoods or developments are strongly encouraged.
(i) Parking. Any development in the MUO District shall comply with the minimum parking requirements of this code however, the Planning Commission and City Council shall have the authority to modify the parking requirements of this code if the applicant can demonstrate adequate availability of public parking, shared parking or other alternatives that will meet the intent of the requirements of Chapter 1234: Parking, Access, and Mobility Standards.
(j) Utilities and service equipment. All industry standard grade utilities shall be located underground. All manholes, utility boxes, entry fixtures and other service equipment shall be located in side or rear yards and away from walkways. These fixtures shall be adequately screened as provided in § 1232.05: Screening Requirements.
(Ord. 21-161, passed 12-13-2021)