"The Avon Lake Power Plant, being North of Lake Rd... is prime lakefront land for development and the future of the City of Avon Lake." That is the opening sentence of the charter amendment Avon Lake voters will see as Issue 36 on November 3. Almost no one on either side of the debate disputes that sentence. The disagreement is over the two sentences that come after it.
Issue 36 is mostly being debated as a zoning question. The zoning piece is already on the books. The piece still in play is the financing, and the city's own finance director has said the lakefront park can't be bought without it.
The Two Sentences That Do the Work
The petition, as submitted to council and printed in the August 31 council agenda packet, names three parcels north of Lake Road, totaling about 41.38, 1.11 and 0.74 acres. Then it sets two rules:
No ordinance passed by the City Council of the City of Avon Lake rezoning any of these parcels of land consisting of the Avon Lake Power Plant to Chapter 1219 Lakefront Mixed-Use Overlay District shall take effect until such Ordinance is approved by the electorate of the City of Avon Lake, at a regular or general election occurring no less than ninety (90) days after the passage of said Ordinance.
No ordinance passed by the City Council of the City of Avon Lake providing tax incremental financing, commonly known as TIF, for property within or rezoned to the Lakefront Mixed-Use Overlay District shall take effect until such Ordinance is approved by the electorate...
The Lorain County Board of Elections found 1,025 valid signatures on the petition. The threshold was 483, which is ten percent of the electors at the last municipal election. The city received the petition on August 17, 2026. Under the Ohio Constitution, council had to send a qualified petition to voters, and on August 31 it did. Several members said they voted to forward it only because the law required them to, cleveland.com reported.
The Zoning Half Is Already Law
Council adopted the B-3 Special Commerce rezoning and the Lakefront Mixed-Use Overlay, Chapter 1219, on May 18, 2026, according to the city's power plant project timeline. The overlay spells out what the site can hold, including residential, retail and entertainment uses. It also prohibits big-box stores and single-family homes, News 5 Cleveland reported.
The petition text has no express retroactivity clause. Council's formal opposition resolution describes the new approval step as applying to ordinances council passes. At the August 31 meeting, Councilman Matt Reynolds gave his reading of what that means: "The petition does not repeal Chapter 1219. It does not remove these parcels from the overlay. It does not require voter approval of a development plan under Chapter 1219. It does not eliminate the owner's existing ability to elect to develop under the overlay." cleveland.com carried that statement.
Former councilwoman Amy Gentry voted against Chapter 1219 in May. Even so, she warned that the underlying B-3 zoning would remain a path for a developer if the amendment passes. "If I were a developer, I would absolutely go with B-3, and we would not get anything that we have wanted to see up at that property," she said, according to the same report.
That leaves the second sentence of the amendment as the part with the most immediate reach.
The Financing Line Is Where the Park Lives
No TIF for the site has been enacted yet. The Chronicle-Telegram reported in October 2025 that the proposed purchase price for about 23 lakefront acres was $15 million or 25 percent of a potential tax increment financing process, and that the purchase agreement would require that process. Council approved the purchase agreement on November 24, 2025.
The May 18 council minutes show how tightly the park and the financing are linked:
- Finance Director Krosse "stressed that the City could not afford to purchase the park without a financing mechanism such as a TIF."
- Today the property generates about $27,000 a year in taxes. Under a speculative model built around a hypothetical $358 million redevelopment, annual collections could reach an estimated $8.3 million during a 30-year TIF period.
- That model projected $54.6 million in TIF proceeds for park acquisition, park improvements and public infrastructure. It estimated about $45.5 million for schools during the TIF period and about $5.5 million a year after it expires.
- Councilman Kos said that "if the TIF does not move forward, the City would not obtain the proposed public park land or related agreements." He added that the agreements were structured so the city would not back development debt or pledge its full faith and credit.
The $27,000 figure is the baseline every other number in that model is measured against. The minutes also say the figures are hypothetical. City outside counsel Todd Davis said final costs and financing would depend on a future vertical developer, whose plans would need to be publicly vetted and underwritten before any TIF could proceed.
So a yes on Issue 36 would add a citywide vote to the approval of that eventual TIF ordinance, at an election at least 90 days after council passes it. Kos made a comparison at the October 13 meeting, cleveland.com reported. Neighboring Westlake and Avon have sent certain zoning questions to voters, he said, but neither put TIF financing on the ballot. "I'm not asking for anyone to change their view on the amendment," Kos said. "I'm asking that we debate it on accurate facts."
What Each Side Says That Linkage Means
Supporters read the same linkage as the reason a public vote matters. Petition creator Gerald Phillips told News 5 Cleveland: "If they want the TIF and they want the higher-density zoning, then they're going to have to come out and convince the public that it's necessary and they're going to have to disclose it." He called the site the city's most valuable property: "We're only going to get one chance at this." Councilman Rob Shahmir voted against the resolution opposing the measure. He said residents need clear figures on infrastructure costs, traffic, the TIF and obligations after the 30-year period. "Economics is not a conceptual discussion," he said. "It actually needs to be in black and white."
Opponents read the linkage as a risk to the park itself. Council's formal resolution argues the amendment could discourage investment, complicate TIF negotiations, create uncertainty for the proposed park and delay implementation. Council President Geoffrey Smith warned that a citywide vote after a developer has gone through city review could have a "chilling effect." Councilwoman Kayla Goodwin pointed out that Ohio law already gives the Avon Lake school board a role in TIF negotiations. Mayor Mark Spaetzel said the amendment "may sound like it gives residents a greater voice," but that "the practical effect would be far more consequential."
There is now an organized campaign against the measure. Avon Lake Citizens for Responsible Redevelopment is a PAC that ALERG president Scott Reschly is helping lead, cleveland.com reported on October 14. Reschly said ALERG supports the group because the amendment targets the 43-acre site, in which ALERG has an indirect investment. He argued that existing hearings already allow public input and that another approval step adds uncertainty for developers.
Where the Site Stands as Voting Begins
Whatever the result, the lakefront won't change quickly. Here is the sequence so far:
- December 19, 2024: controlled implosion of the plant.
- November 24, 2025: council approves the 23-acre purchase agreement. Closing requires ALERG to remediate the site to Ohio Voluntary Action Program standards and obtain a No Further Action letter.
- May 18, 2026: council adopts the B-3 rezoning and Chapter 1219.
- August 31, 2026: council forwards the petition to the ballot and passes a resolution opposing it.
- October 13, 2026: Councilwoman Jennifer Fenderbosch reports that work at the site includes pursuing a state brownfield remediation grant, installing covers on one of the stacks and continuing talks with potential developers. She says more than $60 million has gone into acquiring, demolishing and remediating the property over about five years.
- November 3, 2026: Election Day. The Planning Commission is also scheduled to meet that day, after canceling its October meeting for lack of agenda items.
ALERG still owns the property. There is no named developer, no final site plan and no committed housing count. JLL has replaced Avison Young on the project. A lakefront-planning ad hoc group has met with school and redevelopment representatives, and Councilwoman Goodwin described it as a way to gather ideas and public input rather than make final decisions.
For early voting dates and hours, go to the Lorain County Board of Elections, which lists the general election as November 3, 2026.
This post is general information about a ballot measure, not legal, tax or financial advice. Anyone weighing how a charter change or TIF could affect their own property should confirm the details with the right professional.
If you own a home near Lake Road and want to talk through how the years of work ahead at the old plant site could show up in your plans to sell, renovate or stay, Robin Weidner is glad to sit down and go through it with you. Let's Connect.
