What Avon Lake’s power plant ballot measure would — and wouldn’t — put to a public vote

MetroAvon Lake power plant amendment would require voter approval of TIF, certain rezoningsThe City of Avon Lake reached out for community leaders and they are coming forward and getting involved.Linda GandeeBy Michael Johnson, cleveland.comcleveland.com Express DeskCLEVELAND, Ohio — A proposed charter amendment involving the former power plant in Avon Lake would not reverse City Council’s May rezoning or require voters to approve every redevelopment proposal at the site.If approved, however, the amendment would require voter approval before a future tax increment financing, or TIF, ordinance for property within or rezoned to the city’s Lakefront Mixed-Use Overlay District could take effect. It also would require a vote on any future ordinance rezoning three specified former power-plant parcels to that overlay, according to the proposed amendment contained in Ordinance 26-79.That distinction is significant because TIF is central to the city’s current redevelopment plan. Avon Lake wants to acquire about 23 acres of the 43.23-acre property for a public lakefront park. TIF uses revenue tied to increased property values from development to help pay for public improvements. Instead of paying all property taxes because of the increased value, the money would go into the fund.The city’s current power-plant plan calls for an initial $60 million TIF budget: $15 million to acquire the park property, $15 million for park improvements and $30 million for roads, sidewalks, sewers, lighting and other eligible infrastructure. The city says those figures could change.As cleveland.com reported last week, Council voted Aug. 31 to submit the citizen-initiated amendment to voters and separately urged residents to reject it.Council could not simply keep a qualifying petition off the ballot. Article XVIII of the Ohio Constitution requires Council to submit a proposed charter amendment after petitioners meet the required signature threshold. Ordinance 26-79 says the Lorain County Board of Elections verified 1,025 valid signatures and determined that 483 were required.The amendment itself is narrower than a vote on all future development.Council already rezoned the property May 18. Ordinance 26-37 changed the 43.23-acre site from industrial and single-family residential zoning to B-3 Special Commerce District. The proposed charter amendment does not undo that change.Council also passed Ordinance 26-36, creating the Lakefront Mixed-Use Overlay District. The overlay sits on top of the underlying zoning. Under Chapter 1219, an owner can develop under the existing B-3 rules or choose the overlay’s separate development standards without changing the underlying zoning.That affects what could be built without another public vote.The city describes B-3 as allowing a broad range of professional offices and smaller commercial uses. Its principal-use table does not list multifamily dwellings as an allowed principal use in B-3. The lakefront overlay, by comparison, permits housing, mixed-use buildings, restaurants, retail, offices, recreation and other uses.Council’s resolution opposing the amendment acknowledges that development allowed under B-3 could proceed without being subject to the proposed charter amendment.The resolution goes further, saying individual development proposals using the lakefront overlay would need separate voter approval. But the amendment itself speaks specifically about ordinances “rezoning” the property to the overlay. Chapter 1219, meanwhile, says a property owner may choose the overlay without rezoning the underlying property.That leaves an important distinction. The records establish that the amendment would require voter approval for certain rezoning ordinances. They do not establish that every future development-plan approval using the overlay automatically would require a public vote.The TIF provision is clearer. Avon Lake has not yet enacted the proposed power-plant TIF.The city says the $60 million figure remains an initial budget and that financial projections will remain theoretical until there is a final development plan and TIF application. If the TIF ultimately cannot support the project, the city says the plan would have to be modified or its purchase agreement with Avon Lake Environmental Redevelopment Group, the property owner, would not proceed as currently structured.So passage of the charter amendment would not give voters approval authority over every redevelopment decision at the former power-plant property. It would give them approval authority over a future TIF ordinance for the overlay property and any future ordinance rezoning the three specified parcels.Michael Johnson brings nearly four decades of newspaper experience in reporting, editing, newsroom leadership, page design and digital publishing. He has led daily and weekly newsrooms in Pennsylvania,...